I received a Cease and Desist letter regarding copyright infringement for a ecommerce store I run.

Hello! My name is Dolan and thank you so much for contacting me! I just had a few quick questions for you: Did the letter actually provide details about how the design of your item infringes on their copyright? Is it more of a general accusation without much explanation?

Interesting! Did you ever register your designs with the US Copyright Office at all?

Ok thanks! Just a few more questions. 1. Have you ever received anything from the USPS or Customs and Border Patrol about anything you've received from China? 2. Have you spoken to your supplier about this at all?

I'm so sorry for the delay ******!

So usually if there is a counterfeit issue, the post office or customs will seize packages or other materials, but it doesn't seem like that happened. Ok, thank you for adding that! Was there anything else before I answered?

Ok! I just need a little time to draft up a high-quality answer. I'll be with you as soon as possible. It won't be terribly long, ok?

Ok so this is very, very, very, very common. So places like these send out THOUSANDS of letters per year to people alleging trademark infringement. What is critical to understand is that UNLESS A JURY OR A JUDGE SAYS SO, a person simply accused by another of violating the trademark law does not have to pay. These companies send letters to those they suspect are infringing on their copyright to scare them into compliance. This doesn’t mean that you have to do anything they say. The reason that they want to scare you is: 1. They have to sue in federal court which means likely hiring a lawyer. - The Lanham (Trademark) Act generally requires the copyright be registered with the USPTO before they can even bring a lawsuit. 2. Nothing that this lawyer sent you suggests that their client even owns this trademark because they could have provided the registration number, but did not. 3. The government would have already seized your items if they believed they were counterfeit. 4. The company has no intention to sue because it would require way too much work. 5. The reason they send these letters is that even if the sender is successful 10% of the time, they can collect thousands from people without having to wait 2 years to settle a lawsuit, and since most trademark violators would just file for bankruptcy, ignoring them tends to work. Does that make sense? So in the end, ignoring them is probably the best thing.

For sure! Were there any details I missed? Were there any concerns you still needed to be addressed?

You got it! Please come back here if you have any questions and remember that things like document review and drafting is 10% off with your membership!