VIC Accused of Selling Counterfeit Nike Soccer Jerseys on eBay

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Roddy

Active Member
4 February 2015
7
0
31
I have been selling some soccer jerseys on eBay and I have received an email from Nike stating that they are now preparing to commence legal proceedings against me because i have sold 50 counterfeit Nike soccer jerseys.

I had until close of business on Friday, 16 January but I asked Legal Aid Victoria they said that:
  1. intellectual property law is not their area and
  2. to seek legal advice and
  3. contact the writer either agreeing to or refusing their settlement offer, which is immediately cease & forever desist from using or selling, deliver to Nike for disposal what stock I have, disclose the name and address and provide all other relevant details including orders, pay $6,450.00 as contribution to Nike's damages, give an undertaken not to again infringe any of Nike's trade marks.
What do I do?
 

Roddy

Active Member
4 February 2015
7
0
31
As in a newbie I would not know the difference between counterfeit or original
I also did not know that Nike are the manufacturers of the jersey I thought Nike was just a sponsor like any of the other ones on the shirt
Like I said I'm very new
 

SHARP

Active Member
16 July 2014
12
2
34
Can't really help you then. In my case I actually wasn't selling fake shirts, so I did have a leg to stand on as far as asking them for evidence of their claims was concerned.
 

Rod

Lawyer
LawTap Verified
27 May 2014
6,716
924
2,894
Did/does your ebay ad say these are Nike jerseys? and does Nike have a case against you?

What manufacturer name/label is on the tags?
 

Roddy

Active Member
4 February 2015
7
0
31
I only wrote the team the I was selling and player name that's
What do you mean by a case against me?
 

Rod

Lawyer
LawTap Verified
27 May 2014
6,716
924
2,894
I only wrote the team the I was selling and player name that's
So why does Nike think they are counterfeit Nike products?

What do you mean by a case against me?
Have you got any documentation from your supplier saying these are genuine jerseys? Does anything in the supply terms cover you in the event that the supplier has done the wrong thing?

And what manufacturer's name or label name appears on the jersey?

I also read the other post about Nike products and the guy there seems to have succeeded in forestalling any action by being proactive in his responses back to Nike. Maybe you need to do the same. Without details it is hard to give specific advice.
 

Roddy

Active Member
4 February 2015
7
0
31
So why does Nike think they are counterfeit Nike products?
Well i think because they have the nike tick on the jersey other than that i would not know


i purchased the jerseys from overseas and no the supplier did not say anything in regards to it being genuine or not like i said earlier im a newbie when it comes to these things so i did not know about if products are genuine or not

i just thought nike is a sponsor of the just like any other sponsor on the shirt i never knew they were the manufacturers of the jersey
 

Roddy

Active Member
4 February 2015
7
0
31
Can't really help you then. In my case I actually wasn't selling fake shirts, so I did have a leg to stand on as far as asking them for evidence of their claims was concerned.
can i ask them for evidence as well in regards to how the shirt is not genuine and how do they know this?