Q: I received a cease & desist letter from a co. for selling their clothing on Ebay. The items are legit. How do I respond?
Cease and desist letter received requesting names and information of all suppliers and that I turn over all inventory for no compensation. These items are genuine items that were purchased from reputable buyers in China so they are not counterfeits, which the letter does not allege. We are being threatened with a lawsuit if we do not comply, but I feel like this is bullying as we have not broken the "First Sale" doctrine. My wife has removed all listings temporarily, but they are still pushing.
A: Its unsafe to assume that because of the first sale doctrine they have no claim. They may be concerned that a Chinese distributor has breached a contract to not distribute the products in the US. An attorney would need to review the letter and all the facts to determine whether you should comply or not.
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