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CEASE/DESIST...extortion

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katenashfan1

Junior Member
What is the name of your state (only U.S. law)? North Carolina



I received a cease/desist notice from a well know company stating that it was brought to their attention that I had ebay listings with their product. I was told I was infringing on their copyright and to respond within 5 days. Like an idiot I did, thus proving I did have the listings. I emailed the sender back stating that I had already removed the listing, but they sent back this response:

--- demands that you confirm the following contact information to us in relation to this matter: full name, address, phone number(s), email address(es).

Unless ---- is satisfied by your response, we reserve all rights to seek all appropriate legal and equitable relief arising out of your violation of United States law, including compensatory, statutory and/or punitive damages. Furthermore, ----- is entitled to enjoin your illegal activities and disgorge any profits generated by your unlawful sales of counterfeit materials.


I sent one more reply asking if I was being prosecuted for anything and I received this reply:

At this time, we would like to leave this matter outside the hands of law enforcement and handle it directly with you. You can send the information to the following address:----

It sounds like they just want my information. I have consulted a personal fried (who is a lawyer) and he said not to worry and not to send my info. I am worried since I did sell a few of the products on ebay, even though I immediately refunded the software. I did not share this information, but I worry that sending my personal info will only give this company more leverage on me than it now has and possibly lead to extortion.


Thanks for reading this, I know it was long:rolleyes:
 


FlyingRon

Senior Member
They'd get the information anyhow. Ebay will roll over and give it to them (which they certainly would have already done if the listings were still active, but unless 120 days or so have passed, it's nearly automatic for them to get it just by giving them the information on the even closed auction).

Crikes, and tone down your rhetoric. If you were indeed sellilng counterfeits, this is hardly extortion. They didn't even make the typical monetary demand.
 

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