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VIC Accused of Selling Counterfeit Nike Soccer Jerseys on eBay

Discussion in 'Intellectual Property Law Forum' started by Roddy, 4 February 2015.

  1. Roddy

    Roddy Active Member

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    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?
     
  2. SHARP

    SHARP Active Member

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  3. Roddy

    Roddy Active Member

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    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
     
  4. SHARP

    SHARP Active Member

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    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.
     
  5. Rod

    Rod Well-Known Member

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    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?
     
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  6. Roddy

    Roddy Active Member

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    I only wrote the team the I was selling and player name that's
    What do you mean by a case against me?
     
  7. Rod

    Rod Well-Known Member

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    So why does Nike think they are counterfeit Nike products?

    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.
     
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  8. Roddy

    Roddy Active Member

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    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
     
  9. Roddy

    Roddy Active Member

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    can i ask them for evidence as well in regards to how the shirt is not genuine and how do they know this?
     
  10. SHARP

    SHARP Active Member

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    It's entirely up to you how you communicate with them.
     
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