Discussion:
What is the name of your state?Illinois
Ok I have a concern here. About a few weeks ago I was selling something from Louis Vuitton on a auction site. Well They have this thing on there called C.O.P.S. that took it off, ok fine. It said basically don't sell anymore and we won't go further. Ok so I did. Well a few weeks after that I got an email ffrom this company called Trademark Enforcement LLC, (Which he works from home and has only been in business since July 2005 and has a PO box and a cell to contact.) Saying I have to sign a cease and desist letter saying that I will no longer sell anything affilated with LV and send him 200 for investigation fees. Here is the letter I got both email and mail**************.
Attached is a “Cease & Desist” letter for your review. If you agree to the terms of the letter, you are to sign the letter and send it back to me at the above address. Included in those terms is the payment of investigative fees incurred during the course of this investigation. As stated in the “Cease & Desist “letter, you are liable for trademark counterfeiting, trademark infringement and unfair competition, seeking both preliminary and permanent injunctive relief, attorney fees and costs.
At this time, Louis Vuitton has decided that it will not take this matter any further if you pay all costs incurred during this investigation and comply with the terms of the “Cease & Desist” letter. The cost of this investigation is currently $200.00. This includes all internal costs as well as the cost of this outside investigation firm and information searches on your identity. We will consider this matter closed once we receive this money. Please send a certified check for $200.00, payable to Trademark Enforcement LLC to the following address:
Trademark Enforcement
This letter is delivered on behalf of LOUIS VUITTON MALLETIER (“Vuitton”), the owner of the exclusive right to use federally registered Vuitton Trademarks: “LV” (application No. 726.741), “Louis Vuitton” (application No. 60.441), “Floral Device” (application No. 407.999), among others (hereinafter referred to as the " Vuitton Trademarks"). In addition, Vuitton is the owner of certain copyrights protected in the United States by copyright registrations: VA-1-225-388; VA-1-225-389; VA-1-225-390; VA-1-225-391, VA 1-250-121-and VA 1-250-120.
Vuitton has established a worldwide reputation for luxury goods. It has invested significant time, effort and money over more than a century and a half to promote its trademarks and trade name. As a result of these efforts, the Vuitton Trademarks have enjoyed widespread popularity and recognition throughout the world.
Vuitton merchandise is only available from Louis Vuitton stores, boutiques and the Web site The Company does not offer its goods for resale, nor are there overruns or off-price outlets. Vuitton has an active campaign to prevent counterfeiting and trademark infringement.
It has recently come to our attention that you are offering for sale and selling merchandise bearing the Vuitton Trademarks, or bearing marks substantially indistinguishable thereto, on iOffer.com and that this merchandise is COUNTERFEIT (the “Counterfeit Goods”).
Not only is such use of the Vuitton Trademarks likely to create, and indeed has already created, confusion as to the sponsorship of the Counterfeit Goods but the sale of these goods, which are palpably inferior to those sold under the Vuitton Trademarks, has damaged and will continue to damage the goodwill represented by the Vuitton Trademarks. This misappropriation of the Vuitton Trademarks constitutes counterfeiting, trademark infringement, unfair competition, dilution and passing off in violation of the Lanham Act, as amended, and a violation of common law. As a result, the Counterfeit Goods are subject to seizure and you are liable to Vuitton for trademark counterfeiting, trademark infringement and unfair competition, seeking both preliminary and permanent injunctive relief, attorney fees and costs.
On behalf of Vuitton, we demand that you immediately cease and desist from any and all importation, manufacture, offering for sale, distribution, advertising, promotion and display of the Counterfeit Goods. We demand that you confirm in writing that all importation, manufacture, offering for sale, sale, distribution, advertising, promotion and display of the Counterfeit Goods has ceased. Finally, we demand that you do the following:
1. Provide the identity of the source of all of the Counterfeit Goods sold by you or offered by you for sale.
2. Turn over all Counterfeit Goods in your possession, custody or control to the undersigned.
3. Provide the names and addresses of any and all other persons to whom Counterfeit Goods have been distributed or sold or by whom orders for any such items have been placed and the relevant details of such sales and orders.
4. Make payment to Vuitton for all investigative costs incurred by Vuitton in regards to this investigations.
Unless you have surrendered the Counterfeit Goods and unless you or your counsel notify us that the infringing activities have been halted and supply the additional information requested within ten days following the receipt of the present letter, we will take all steps necessary, including requesting the assistance and prosecution of the local law enforcement officials, to protect our rights, including seeking immediate injunctive relief, compensatory and punitive damages, as well as attorneys’ fees.
This letter is written expressly without prejudice to the rights and claims of Vuitton, all of which are hereby expressly reserved.
When I called Louis Vuitton and asked them bout this they never heard of a third party getting involved and I gave them all the info I got on him so far. Plus the law firm he has that Hired him out to do this is Gibney, Anthony, & Flaherty LLP out of New York and Trademark Enforcement is in New Jersey. I like to know what to do in this case now. I told him I would make payments to him. Can someone help me???????????? THANKS
Answer:
Plus the law firm he has that Hired him out to do this is Gibney, Anthony, & Flaherty LLP out of New York and Trademark Enforcement is in New Jersey. I like to know what to do in this case now. I told him I would make payments to him. Pretty simple. Ask him to send you a written authorization that tells he has the rights to the claims he is making.
If he does, then get a complete WRITTEN release from any further claims made against you and make your check out to 'Louis Vitton Malletier'.
Answer:
You say "I was selling something from Louis Vuitton on a auction site."
He says "this merchandise is COUNTERFEIT"
Are the goods for real?
If he is legitimate, correct in his assumptions and can prove it, then you may find that fighting this will end up costing you more than $200.