Legal Question in Technology Law in Louisiana

We got a cease and desist letter from Tory burch saying we were selling counterfeit bracelets on our etsy site. What do we do next? I have sold 6 pieces and since I found out they may be counterfit I have thrown the remainder in the trash. Do I have to respond to their letter? The logo is not the exact same as hers. My decription said nothing about Tory Burch. I had it described as cross medallions because that is honestly what I thought it was.


Asked on 8/13/13, 7:28 am

1 Answer from Attorneys

Adam Lambert The Law Office of Adam S. Lambert

Your choices are to call or write them and explain what you just explained here, or don't respond at all. There are no guarantees either way. As someone who has represented clients who have had their marks and copyrights stolen and infringenged on, I know that none of my clients would pursue someone further who told me the story you just stated here. However, legally, they would have the right to pursue you for any infringement. If it were me, I would contact them and explain. The amount sold was so small and your infringement seemed completely unintentional, it would seem morally and economically wrong to pursue the matter further with you after that explanation. I would personally be utterly shocked if they did anything but thank you for throwing the remaining stock away and ensuring future compliance.

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Answered on 8/13/13, 7:46 am


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