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Topic: HELP! I got a Cease & Desist...what should I do now?!? (EDITED w/ "Resolution")  (Read 33885 times)
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slb2724
« Reply #20 on: January 25, 2007 07:46:20 PM »

"give them any all of the merchandise I have made with these caps, info on who I sold the items too, AND $5,000!!!!"

i just thought of something, not only is it fishy that they randomly pick you, want the 5000 and the info, but they want more of the product.they ask for all of the stuff you made with the caps. it sounds to me that they are a satisfied coustomer who not only wanted more bottlecap bling, but they thought they could make a buck out of you at the same time. the "info on buyers" sounds pointless to me.....werent they the only buyer? but anyway, it sounds to me as though they threw that in to sound professional....
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« Reply #21 on: January 25, 2007 07:49:26 PM »

my boyfriend was buying fake ipods (but clearly not ipods or apple-related) and reselling them labeled just as MP3 players, and he got a cease and desist letter from apple that asked for the same things: where he got them, information about who he sold them to, all his remaining merchandise, and money.

he just had his dad, a lawyer, write an angry letter to apple about how "all further correspondences should be addressed to me," etc., and he was never bothered by them again. i'd try to find some lawyer who will just write the letter for you, and i'd bet it will go away.

also, look up the firm that sent you the letter. if it's a tiny little firm that doesn't look that great, your offensive probably doesn't have to be very strong.

they don't really need your money or anything else from you- they just want you to stop.
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DogGrrl
« Reply #22 on: January 25, 2007 07:57:04 PM »

You poor thing, take a breath, you are going to be okay.  

Many, many moons ago I used to be a legal assistant at a trademark and patent law firm.  I am not an attorney but I just called my attorney (who is also one of my best friends) and she agrees, this is sounds like a scam.  If you are in California, she said she will help you free of charge (send me a pm for her contact info).

First off, a cease and desist letter is just that, stop what you are doing.  Basically, a cease and desist letter is just a warning, nothing more.  They would have to get a subpoena to obtain your client information and a judgement for any monetary compensation.  Without a judgement they are not entitled to ANY MONEY AT ALL!!! To get a judgement they would have to serve you with papers and you would have to go to court.  It is up to the court to decide how much money, if any, this company is entitled to.

Even though the letter may look legit, I would bet dollars to donuts that it isn't.  If it checks out, call the company and tell them you are being represented by counsel and I can almost guarentee they will drop this nonsense.

Oops, forgot to add, for free to low cost legal advice and counsel, contact your local bar association.
« Last Edit: January 25, 2007 08:03:31 PM by DogGrrl » THIS ROCKS   Logged
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« Reply #23 on: January 25, 2007 08:02:14 PM »

you guys rock! thanks so much for your help! it's really calmed me down. i plan to talk to some lawyers (by calling the "free"/pro-bono artists lawyers in my area) tomorrow, as well as contacting the people who initially sent the letter. I also have a friend who's working on it w/ 2 of her lawyer friends.
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diosaperdida
« Reply #24 on: January 25, 2007 08:02:26 PM »

A judge in a court of law would be the one who would tell you what you would have to pay..if any?
The company probably figures they will try to intimidate you into paying what they want.
Or the company isn't even a company but an individual who saw an opportunity to scam you.
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« Reply #25 on: January 25, 2007 08:35:05 PM »

I think it will turn out to be a scam - and then the company that this scam artist was pretending to represent might be interested in finding out more about someone using their name to extort monies from one of their loyal customers (you obviously bought their product).

On another note, I can only imagine that if you were beautifying bottlecaps for people to wear that the incidental effect for the company whose logo is on the caps is free advertising!  The addition of a bit of glitz to the caps couldn't really be categorised as bringing their product into disrepute, could it?

Anyway, I really just intended to add my best wishes to the many expressions of support you have received here.  Good luck with it all - it's a p.i.t.b. but at the end of it all you will have acquired an unusual experience and some useful information.
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« Reply #26 on: January 25, 2007 10:01:02 PM »

Ok, I think you have gotten a lot of good advice here, my ditto is to call ANY attorney, or better yet contact the local bar association and kinda play dumb, they will hold your hand and walk you through a referal!

Secondly... My best friend is the General manager of a local mid range Italian resturant that is a part of a national chain... She was given 6 Box seat tickets to a MLB game from the Beer company that supplies their micro brews... the big whig from the beer company was there at the game, I was rubbing elbows for free stuff, and I asked them to let me collect all the beer caps to do exactly what you are talking about... they were much obliged and actually got me some cups to collect them in. He also made it clear that it was no big deal, that I did not need any statement of permission to use their caps, they were garbage anyway... I did ask!!!
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MissMeshell
« Reply #27 on: January 25, 2007 11:01:07 PM »

Oh that is so scary. Sad

Definitely, definitely go get that free advice from professionals. Eep, horrible.

Keep us up to date! I am very interested in seeing what happens with this situation and if it does turn out to be a scam. Embarrassed
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plonkas
« Reply #28 on: January 26, 2007 01:31:37 AM »

Definitely sounds like a scam.  Check out the "company", is it a national brand soft drink, if so you should be able to forward any correspondence to them. I am sure they would not be happy with this situation if it were, in fact, a scam.
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Mojo
« Reply #29 on: January 26, 2007 03:56:34 AM »

Doggrrl is right, they can't claim any money without a legal judgement against you.  Even then they would likely only be allowed to recoup the profits you had made selling items with their property (though the notion of "their property" is dubious here as this is recycled material).  Given that you sold one item for $7, their demand for $5000 is definitely meant to scare you or scam you. 
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