selling counterfeits/replicas

[arctic]

What is the name of your state? MASSACHUSETTS

I received a letter for selling counterfeit items. They requested information and I have fully cooperated with all their demands. I had absolutely no idea that what I was selling were illegal. They sent another letter now trying to settle with a HUGE fine. I sold only a couple only for a couple weeks! Should I try to get more advise and could they actually get this? I don't have that sort of money and completely agreed to stop immediatley, which I did that same day, or should I just say I can't come up with that sort of money and see??

Please any advise would be great!

 

[seniorjudge]

Give us facts and details.

 

[arctic]

They asked for where I got the bags from, how many I sold for how much and how much I paid for them, and how much profit I made on each. Also, to stop doing it immediately...which I did. I gave them all that information and told them truthfully I had no idea at all that this was wrong. I then received another letter/agreement stating that I can not disclose any information to anyone the terms of this agreement, that I would continue not sell them, all means of communication that I had with the place I got them from, a certified check for 2500 dollars and to sign the agreement. That is pretty much what the letter says. Not sure if this is enough information for some advice, but thats pretty much they have given me.

 

[divgradcurl]

They asked for where I got the bags from, how many I sold for how much and how much I paid for them, and how much profit I made on each. Also, to stop doing it immediately...which I did. I gave them all that information and told them truthfully I had no idea at all that this was wrong. I then received another letter/agreement stating that I can not disclose any information to anyone the terms of this agreement, that I would continue not sell them, all means of communication that I had with the place I got them from, a certified check for 2500 dollars and to sign the agreement. That is pretty much what the letter says. Not sure if this is enough information for some advice, but thats pretty much they have given me.

You have three choices -- pay the money, sign the agreement and be done with it (make sure you get a release of liability as well); try and negotiate a lesser "fine"; or ignore them and hope that they go away. The negotiation might be succesful, might not. The ignore them route could lead to a lawsuit, which would almost certainly be far more expensive than just paying the now.

 

[arctic]

Thank you so much for the advice!! I really appreciate it!! Would I need to get a lawyer to negotiate the fees, or just talk to them myself about that? Just wanted to know! Thanks again for your information!

 

[divgradcurl]

Thank you so much for the advice!! I really appreciate it!! Would I need to get a lawyer to negotiate the fees, or just talk to them myself about that? Just wanted to know! Thanks again for your information!

It's up to you whether you want counsel or not. It all depends on how comfortable you feel negotiating with them.

If you go this alone, make sure you obtain a signed release of liability for all allegedly infringing activities to date as part of the settlement. You might be able to find a sample using Google, or check with your local library. Of course, if you hire a lawyer, he or she can create one for you.