Legal Question in Intellectual Property in Pennsylvania
Copyright and Trademark Infringement
Good Evening and thank you in advance for any responses you can provide.
I have recently received a letter demanding retribution based on claims of Trademark violation because of a claim I am selling counterfeit goods. This corporation is unwilling to support this claim with any documentation. Do they have to?
The second part of my question is after I received said letter I went out and purchased in their retail store one of their items and proceeded to list this item for sale with pictures that included the paid receipt and they had my item removed for the same Trademark/Counterfeit violation.
From what I have read this would fall under Article 17 USC �512(f)
of the Copyright Act.
So my main questions is can the previous claims be devalued due to a violation by the corporation of this Copyright violation?
2 Answers from Attorneys
Re: Copyright and Trademark Infringement
Trademark counterfeiting is a serious charge, and you'd be well advised to go straight to a lawyer experienced in intellectual property matters. You will want to discuss the matter confidentially with a professional who can guide you after reviewing all the facts.
To the second question "do two wrongs make a right" the answer in this situation is PROBABLY NO. But whether the equitable doctrine of "unclean hands" might protect you against any remedy the company would otherwise have should, again, be evaluated by an attorney who is provided with all the facts of these matters.
Re: Copyright and Trademark Infringement
Run - don't walk - to an intellectual property attorney's office ASAP. Trafficking in counterfeit goods is a very serious allegation. Only an attorney with specific knowledge of your case will be able to advise you, and you certainly do not want to provide those details in this forum.
To generally answer the questions you have asked. 1) No, a cease and desist letter does not need to be accompanied by documentation or evidence. The letter should be sufficient for you to understand what they are demanding you cease and desist from doing. 2) The trademark/counterfeit allegation is different from a take down under the DMCA (17 USC 512). Frankly, there is little connection between the two under these facts.
Again, you need to take this extremely seriously. The only way for you to obtain guidance on how to handle this matter is to consult an intellectual property attorney in a private setting. Please do not delay in obtaining that guidance!
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