What is the name of your state (only U.S. law)? OHIO
During the spring I found a supplier of golf pride golf grips from China to sell on eBay. I was making good money and thought it was great. A few days ago I received an email from the Eaton Corporation who makes golf pride. The email was as follows.
Dear Mr. ******:
I am writing you regarding the Golf Pride white MCC golf club grips you are selling on e-Bay as seen in the first attachment above. Those grips are counterfeit. Your use and sale of golf club grips with our trademarks and copyrighted design constitute both trademark infringement and copyright infringement. We demand you immediately stop selling any golf club grips with our trademarks or copyrights.
The second attachment above is information on how Eaton handles counterfeiters. Eaton has a zero tolerance policy on counterfeiters and counterfeit products.
Providing you are willing to fully cooperate with Eaton and agree to the following demands, Eaton is willing to resolve this without civil or criminal prosecution or charges.
First as indicated above, you must agree in writing to stop selling any Golf Pride products that are counterfeit and send to my attention your entire inventory of any golf club grips or any other products that are marked with Golf Pride or any other Golf Pride trademarks or copyrighted design, like the MCC grips.
Second, you need to identify the source of these counterfeits and be willing to cooperate with us and law enforcement authorities, e.g., U.S Customs, in stopping them and getting them off the market. We know you purchase these grips from KCC. Who is he or she? Where are they located? Are there other sources you use?
Third, we demand you provide us with your accounting records that show the profits you made selling our grips, and reimburse us for our damages caused from these counterfeits. We need to know who purchased these grips from you so that they know they are not genuine. We have already had one complaint about those grips you are selling.
In the event, I do not receive your agreement to the above within five days, we will take appropriate legal action to stop your activity including pursuing the maximum damages and penalties under the law.
Sincerely,
Eaton Corporation
They also had a total of my sales of approximately $10,500 with profits of about half of that. If I had known what a mess I was getting myself into I would have checked with the supplier to make sure he was legit. I never suspected them to be fake because I am a golfer and thought I could tell, and I had no customer complaints.
They told me after I send them what they requested we will have a meeting August 23 face to face at there Cleveland headquarters. So naturally, I am a bit scared and thought of you for some advice or insight into a situation like this. I would really appreciate any information or advice you can give me. Should I send this info and hand them the case? Do they have a case with 1 customer complaint?
During the spring I found a supplier of golf pride golf grips from China to sell on eBay. I was making good money and thought it was great. A few days ago I received an email from the Eaton Corporation who makes golf pride. The email was as follows.
Dear Mr. ******:
I am writing you regarding the Golf Pride white MCC golf club grips you are selling on e-Bay as seen in the first attachment above. Those grips are counterfeit. Your use and sale of golf club grips with our trademarks and copyrighted design constitute both trademark infringement and copyright infringement. We demand you immediately stop selling any golf club grips with our trademarks or copyrights.
The second attachment above is information on how Eaton handles counterfeiters. Eaton has a zero tolerance policy on counterfeiters and counterfeit products.
Providing you are willing to fully cooperate with Eaton and agree to the following demands, Eaton is willing to resolve this without civil or criminal prosecution or charges.
First as indicated above, you must agree in writing to stop selling any Golf Pride products that are counterfeit and send to my attention your entire inventory of any golf club grips or any other products that are marked with Golf Pride or any other Golf Pride trademarks or copyrighted design, like the MCC grips.
Second, you need to identify the source of these counterfeits and be willing to cooperate with us and law enforcement authorities, e.g., U.S Customs, in stopping them and getting them off the market. We know you purchase these grips from KCC. Who is he or she? Where are they located? Are there other sources you use?
Third, we demand you provide us with your accounting records that show the profits you made selling our grips, and reimburse us for our damages caused from these counterfeits. We need to know who purchased these grips from you so that they know they are not genuine. We have already had one complaint about those grips you are selling.
In the event, I do not receive your agreement to the above within five days, we will take appropriate legal action to stop your activity including pursuing the maximum damages and penalties under the law.
Sincerely,
Eaton Corporation
They also had a total of my sales of approximately $10,500 with profits of about half of that. If I had known what a mess I was getting myself into I would have checked with the supplier to make sure he was legit. I never suspected them to be fake because I am a golfer and thought I could tell, and I had no customer complaints.
They told me after I send them what they requested we will have a meeting August 23 face to face at there Cleveland headquarters. So naturally, I am a bit scared and thought of you for some advice or insight into a situation like this. I would really appreciate any information or advice you can give me. Should I send this info and hand them the case? Do they have a case with 1 customer complaint?
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