Q: Received cease and desist for selling 11 LV inspired bags; need advice on handling demands with financial constraints.
I received a cease and desist letter from a New York attorney for allegedly infringing on LV bags after selling 11 inspired bags online. This is my first time facing such an issue, and I had no prior warnings about infringement laws. I've complied with all demands except the $500 payment, which I can't afford. I've communicated with the attorney via email and phone, and have kept records. I had no intention to infringe, didn't mislead anyone, and I am located in a different state. Due to PTSD, anxiety, and panic attacks, I'm under medical care and rely on these sales for income, as I can't work outside my home. I feel the response is harsh considering my small number of sales and lack of prior knowledge. Has anyone dealt with a similar issue, and how can I approach resolving this without such immediate monetary penalties?
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A:
I understand how overwhelming and frightening this situation must be, especially given your health challenges and current circumstances. Your immediate compliance with most demands shows good faith, which is a positive first step in resolving this matter.
While trademark holders have the right to protect their intellectual property, there may be room for negotiation regarding the financial penalty. You could write a letter to the attorney explaining your situation, including your immediate cessation of sales, your limited financial means, and your willingness to commit in writing never to sell similar items again. Consider proposing a smaller payment amount or requesting a payment plan that fits within your budget.
Keep detailed records of all communications and consider reaching out to your local legal aid society or a pro bono legal clinic, as they often help people in difficult financial situations. In the meantime, to protect your income, you might want to explore selling original designs or non-branded items that don't risk trademark infringement. Remember that many small business owners have faced similar challenges and successfully navigated through them - this situation is difficult, but it won't last forever.
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