• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Need Help with Cease and Desist Letter

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

A11860

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

I received a Cease and Desist via registered mail and I'm not sure how to handle it. I sold a few replica jewelry items on a website and the listings were pulled. So fine, I did not relist them and understood this was not permitted. A couple of weeks later, I receive this Cease and Desist letter by registered mail from a man who is working for Louis Vuitton. He's with Trademark Enforcement out of New Jersey. In addition to being told to stop selling the merchandise, I am being ask to also pay him the sum of $400 for legal and investigative fees and to tell them where I purchased the merchandise and turn over any merchandise I still have. I am being told to initial the letter in agreement or they are threatening legal action. I did talk to an attorney over the phone and he indicated to reply back (which I did) that the items were pulled and nothing else will be listed again. He said they are bluffing and just trying to get money out of me. I'm wondering if you can tell me how you would handle this? Is it better just to pay the $400 and be done with this? Or not pay, and see what happens?
 


justalayman

Senior Member
ask the attorney if he is willing to pay the damages claim that Louis will make if the courts decide Louis is right.

He will obviously say no. That is because he is wrong. You have put merchandise on the market that puts louis in a bad light. That is very bad for Louis reputation and his reputation is worth millions of dollars.

On top of that, you have infringed upon Louis' trademarks.

Are you a gambler? If so, roll the dice and see what happens.

If not, cough up the $400 and do what they ask but tell them you want a release that removes all possibilities of any further action concerning this particular situation.

They want the bigger guy but they will take many little guys if that is all they can get.
 

A11860

Junior Member
Need help with Cease and Desist Letter

"My advice to you is to ignore my advice"? I'm confused by that.
 

justalayman

Senior Member
"My advice to you is to ignore my advice"? I'm confused by that.
that's just my signature line. It is on every one of my posts.

merely a little levity

think about it:

how can you take my advice, which is ignore my advice because if you took my advice to ignore my advice, you would not be taking my advice yet if you ignored my advice, you would be taking my advice but since my advice was to ignore my advice, you were not taking my advice.

get it?


If so, good and please explain it to me.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top