Cease and Desist Letter From Nike - What Now?

[gluecow]

Hello everyone I recently received this email from Nike.
Nike wants me to sign a Cease and Desist Declaration as well as provide my name, phone number, address, and ID via email. I never realized anything I was selling was counterfeit or fake. It was mostly stuff I bought at tag sales in bulk. I'm sort of scared and thinking I should just take down my site and move on because it's not worth it. I'm not sure if Nike will come after me with further legal actions once I sign the cease and desist declaration and provide all the information. Below is a copy of the letter received. Not included was an attached cease and desist declaration. Any and all advice is appreciated.

Dear sir/madam,

Recently, Nike established that you offer and sell counterfeit Nike products, inter alia on the following Webpage(s):

www.******.com

By offering and selling counterfeit Nike products, you infringe on Nike's trademark rights. Nike suffers great damages because of these infringements.

Having regard to the following, Nike demands that you return this letter together with the attached cease and desist declaration per e-mail, initialed and signed for approval, within 2 days, in which you, amongst others, declare to cease and desist all infringement on Nike's trademark rights and permanently take down the Infringing Webpages, on which you offer the counterfeit goods.

In case you do not comply with these demands before said deadline, Nike will take further legal action.

Nike reserves all rights, more specifically the right to claim its full damages, loss of profits, surrender of profits and its full legal costs.

 

[Victoria S]

Hello @gluecow
Have a look at this existing LawAnswers Intellectual Property Law Forum thread "Cease and Desist Letter from Nike" which deals with your question - many helpful answers.

 

[ghostmutt]

Hi, I received a VERY similar email to you from Nike for football jerseys. I am basically in the same situation as you.
What was the outcome of your case? I don't mind sending them my stock, I just don't want to be obligated to pay the fee.

Any advice would be really really helpful. Thanks