Legal Question in Intellectual Property in New York
What should I do if I received an email like this?
I received an email from this company, please see below. What should I do, it is safe to write an apologize email back to them or should I hire a lawyer?
'' write on behalf of Company ABC, the owner to the rights to �some product� We have recently learned that you are selling unauthorized copies of ''some products� via eBay under your seller name ''dr.jockey.'' Your actions in this regard constitute, at a minimum, copyright infringement under applicable U.S. copyright law. We must request that you immediately cease all duplication and sales of these items. We further demand that you provide this office with a statement of sales illustrating all total number of infringing item sold, revenue earned and any remaining inventory. Should we learn that you continue to violate CBS�s rights on eBay, any other website or otherwise, we will take all appropriate action to protect CBS�s rights without further notice to you. In addition, your actions will be deemed willful infringement entitling CBS to additional punitive damages.
We trust that you will confirm of your intention to comply with these demand and the information requested herein within 10 days of your receipt this letter''
2 Answers from Attorneys
Re: What should I do if I received an email like this?
One can't foretell what one company's attorneys will do. If you've unlawfully acted, you should comply with their demands and advise them of such.
Re: What should I do if I received an email like this?
While I agree with Mr. Mark's statement that if you've acted illegally you should cease & desist your activity, I'm not convinced that you have acted illegally. You need to speak with an attorney who concentrates in intellectual property law to get an evaluation of your situation and specific advice on how to proceed. Do this before the expiration of their 10-day deadline.
Feel free to give my office a call to discuss the matter.
THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.
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