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QLD Letter from Nike - How to Respond?

Discussion in 'Intellectual Property Law Forum' started by melsueme, 3 July 2015.

  1. melsueme

    melsueme Member

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    I have been sent this letter from Nike. Is it real?

    I didn't advertise the shoes as genuine or replica. I buy them from an online store that also doesn't state they are real or fake ( counterfeit). What do I respond with? My Facebook page is a closed group that you need to ask to be part of and I have had a listing on Gumtree.

    Can someone please help me to respond?

    [MODERATOR NOTE - LINKS TO DOCUMENT IMAGES REMOVED ON REQUEST FROM NIKE AUSTRALIA - 5/AUG/2015]

     
  2. Sarah J

    Sarah J Well-Known Member

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    Hi melsueme,

    Selling goods that contain Nike's trademark, or similar mark that looks like Nike's trademark, without Nike's consent, is a breach of IP law. Passing off counterfeit goods as if they are real Nike products is also a breach of many other laws (e.g. misleading and deceptive conduct). Further, in the UK, Nike has been known to sue a customer who (unknowingly) bought a pair of counterfeit Nike shoes online and Nike succeeded in arguing that the customer infringed their trademark. Granted, this was in the UK, so laws are different in Australia, however, it shows that Nike is known to take IP infringements seriously.

    As for how to respond, take a read of:
    However, do some research and see if the letter is genuinely from the company. Call them up to enquire. Try and negotiate with them. There have been some scam letters sent around from different suppliers (e.g. Adidas) that also demand $850 (or similar) amounts in compensation. Nevertheless, I suggest you stop reselling Nike products as it does constitute IP infringement.
     
  3. DennisD

    DennisD Well-Known Member

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    Hi there
    Well, not exactly a letter you would like to find in the mailbox!


    To follow up from SarahJ's (very useful) comments and in particular her final paragraph, you might like to consider the following suggestions A to E:


    A. Stop selling merchandise. Don't fulfil any more orders even if this means reimbursing customers for unfulfilled orders


    B. Consider their requests as set out in points 1-5 in the letter. Think about how able in practical terms you are to meet each of these. Points 2, 3 and 4 may require a bit more thought on your part


    C. Concerning the deadlines in their letter (which have come and gone already), consider your delayed response and if there was any particular reason for this. Was the letter only just brought to your attention for some reason? Delay on your part for no good reason may flag to them that you initially you did not take their concerns seriously. So consider if there were any circumstances which can help explain your delay


    D. Call to confirm the letter and contact are genuine (as on first glance they appear to be)


    E. If the contact is genuine, try to negotiate their points 1-5 and their deadlines. If you follow A to C above, this should help you. Put in writing (at least an email) what was said in your discussion and follow up as required.


    The above are simply general suggestions for your consideration and certainly are not intended as an action plan. Good luck with this, let us know how it goes!
     
    Sarah J likes this.
  4. Funnyhaga

    Funnyhaga Member

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    What eventuates of this
     

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