Q: Trademark Infringement
Hi, i just received a infringement letter for selling bags similar to (kate-kid-sten). I brought them from Taobao and sell online. I sold about 30 bags over 2 years at the price of approx. $26 each bag. I call up and met with their lawyer and he told me I've to sign a undertaking and pay a fine maybe $5000.0 (base on previous cases). Do you think I should look for a attorney or comply? I'm worried about the cost that might bring in later.
A:
That's a lot for the actual damages involved. What state are you in? I've handled a lot of IP infringement cases (on both the plaintiff's side and the defendant's), and we usually work out more favorable settlements than that.
***Please note the important disclaimers at the bottom of this page.***
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
