*Updated* Legal Advice Needed - Received a Cease & Desist

[Rdskn4Lyf21]

*Just an update, I received the initial letter today that had been emailed to me, I figure it's just a scare tactic, so I'll lay low on it for now.*

Alright guys, I NEED help in a huge way here:

Recently I was laid off work due to downsizing. I was looking for ways to make money during the down time to have some sort of income. I've always used Ebay and have known that people sell NFL jerseys for cheap on there. I had found a wholesale site I had seen on here a while back, bought 4 jerseys and put them on Ebay.

Immediately, one sold and shortly after I got a message from Ebay saying that the other listings had been pulled due to trademark violations of the jerseys. If they are fake, I have no problem removing them, so I let it be.

Approximately a week later, I received a letter from a firm representing the Adidas group in response to the jerseys with a Cease & Desist order. Here are some exerpts from it:

"Therefore, we demand that you immediately cease and desist from any and all offering for sale, sale, distribution, importation, manufacture, advertisement, promotion and display of the Illegal Merchandise. We also demand that you do the following:

1. Surrender all Illegal Merchandise in your possession, custody or control.
2. Provide the identity of the source of the Illegal Merchandise.
3. Make payment to adidas International, Inc. by bank check, or money order, for all damages and costs incurred by our clients in connection with your illegal conduct, in the amount of $450.

We strongly urge you not to contact the supplier of the Illegal Merchandise or to take any other action which would interfere with our client’s ability to eliminate Illegal Merchandise from the marketplace and will hold you responsible for your complicity in any such actions to the maximum extent provided by law.

Please be advised that your failure to respond or to comply with these demands before June 10, 2008, may result in our clients taking legal action to enforce their rights, all of which are hereby expressly reserved."

Is this legit? I responded to the email but have had nothing back. I don't think its right that I pay anything as I was sold these jerseys saying they were legit. I only sold one on top of it. Would Adidas really pay all the court fees and such to take this further with someone who has sold one jersey which I was told was legit if I don't pay that amount?

Please, anyone with any clue help me!

[redskinss]

i am no legal expert so dont take this as advice but it sounds to me like you bought fake jerseys and sold them as authentic therefore breaking the same law that the person who sold them to you broke.
its like if someone stole something then sold it to you and you turned around and sold it to someone else, you didnt steal it but you are breaking the law by selling stolen merchandise, ignorance has never been a valid excuse when it comes to the law.

[Rdskn4Lyf21]

i am no legal expert so dont take this as advice but it sounds to me like you bought fake jerseys and sold them as authentic therefore breaking the same law that the person who sold them to you broke.
its like if someone stole something then sold it to you and you turned around and sold it to someone else, you didnt steal it but you are breaking the law by selling stolen merchandise, ignorance has never been a valid excuse when it comes to the law.

I was sold these on the premise that they were "Authentic" - most jerseys on that site say numbers are "sewn on" hinting around the fact that they aren't real.

[DarrellsMyHero28]

I was sold these on the premise that they were "Authentic" - most jerseys on that site say numbers are "sewn on" hinting around the fact that they aren't real.

They have no basis. You can thumb your nose at them, a cease and desist letter is just a threat, and if you ask me they wouldn't have a case against you.

Theres nothing "Illegal" about jerseys that aren't authentic. I think its hilarious that they want you to pay Addidas and honestly this might be a scam.

[redskinss]

I was sold these on the premise that they were "Authentic" - most jerseys on that site say numbers are "sewn on" hinting around the fact that they aren't real.

again ignorance of the law is no excuse.
if they are fake then they lied to you and broke the law by selling you merchandise under the premise that they were real.
That doesnt change the fact that you did the exact same thing by selling them to someone else.

[DarrellsMyHero28]

again ignorance of the law is no excuse.
if they are fake then they lied to you and broke the law by selling you merchandise under the premise that they were real.
That doesnt change the fact that you did the exact same thing by selling them to someone else.

If he didn't claim they were authentic then he broke no laws.

[Rdskn4Lyf21]

again ignorance of the law is no excuse.
if they are fake then they lied to you and broke the law by selling you merchandise under the premise that they were real.
That doesnt change the fact that you did the exact same thing by selling them to someone else.

If I'm told they are Authentic, why would I think differently?


They have no basis. You can thumb your nose at them, a cease and desist letter is just a threat, and if you ask me they wouldn't have a case against you.

Theres nothing "Illegal" about jerseys that aren't authentic. I think its hilarious that they want you to pay Addidas and honestly this might be a scam.

That's the thing, I think it is a scam too and that's why I'm hesitating. I just don't want this thing to explode as I have so many other things to worry about right now.

[redskinss]

They have no basis. You can thumb your nose at them, a cease and desist letter is just a threat, and if you ask me they wouldn't have a case against you.

Theres nothing "Illegal" about jerseys that aren't authentic. I think its hilarious that they want you to pay Addidas and honestly this might be a scam.

I agree it sounds like a threat to me and i highly doubt they would pursue any legal action unless you continue to try to sell the jerseys.

[Rdskn4Lyf21]

I agree it sounds like a threat to me and i highly doubt they would pursue any legal action unless you continue to try to sell the jerseys.

That's why I have no problem removing them and I'll just use them as jerseys for when I play football on the weekends.

[DGreenistheBest]

Get a lawyer.

[DarrellsMyHero28]

I agree it sounds like a threat to me and i highly doubt they would pursue any legal action unless you continue to try to sell the jerseys.

I don't see any legal action they can pursue even if he continues to sell them.


If I'm told they are Authentic, why would I think differently?



That's the thing, I think it is a scam too and that's why I'm hesitating. I just don't want this thing to explode as I have so many other things to worry about right now.

You're not liable if you weren't aware that they weren't and it isn't obvious that they weren't. If a "reasonable person" would know its not Authentic then you're liable, but if you didn't know then you're probably fine.


I think this is BS, whats the name of this group that supposedly represents Addidas?

[redskinss]

[QUOTE=Rdskn4Lyf21]If I'm told they are Authentic, why would I think differently?



if a 13 year old girl tells you she is 19 and divorced on her myspace page does that make it legal to sleep with her?
I know the analogy is a little off but its along those same lines.
If you are going to sell a product it is your responsibility to know without a doubt you are not infringing on trademarks.

[DarrellsMyHero28]

Get a lawyer.

He might not need one, I'm no expert--I'm just pre-law but this stinks of a scam to me.

[jrockster21]

They have no basis. You can thumb your nose at them, a cease and desist letter is just a threat, and if you ask me they wouldn't have a case against you.

Theres nothing "Illegal" about jerseys that aren't authentic. I think its hilarious that they want you to pay Addidas and honestly this might be a scam.

:laugh: Of course there is something illegal - that's why official licensing exists.

If it were me, I would take the letter to a lawyer, and get a consultation. Might cost you a little bit, but its worth it. I'm sure you have a friend of the family who is a lawyer who may do it for free...most people do. Someone on ES may even look at it for you if you're nice enough.

[DarrellsMyHero28]

if a 13 year old girl tells you she is 19 and divorced on her myspace page does that make it legal to sleep with her?
I know the analogy is a little off but its along those same lines.
If you are going to sell a product it is your responsibility to know without a doubt you are not infringing on trademarks.


No offense but thats a terrible analogy. Thats not really related at all.

[redskinss]

I don't see any legal action they can pursue even if he continues to sell them.



You're not liable if you weren't aware that they weren't and it isn't obvious that they weren't. If a "reasonable person" would know its not Authentic then you're liable, but if you didn't know then you're probably fine.


I think this is BS, whats the name of this group that supposedly represents Addidas?

if its b.s then why would ebay pull the ad.

[DarrellsMyHero28]

:laugh: Of course there is something illegal - that's why official licensing exists.

If it were me, I would take the letter to a lawyer, and get a consultation. Might cost you a little bit, but its worth it. I'm sure you have a friend of the family who is a lawyer who may do it for free...most people do. Someone on ES may even look at it for you if you're nice enough.

So you're telling me that every knock of jersey is illegal? Quite a few companies make jerseys, theres not one company with official licensing...if they don't use Adidas' logo they have every right to make the jersey.

[DarrellsMyHero28]

if its b.s then why would ebay pull the ad.

Missed that, but they could just be trying to be careful.

[redskinss]

So you're telling me that every knock of jersey is illegal? Quite a few companies make jerseys, theres not one company with official licensing...if they don't use Adidas' logo they have every right to make the jersey.

if they dont use the addidas logo then your right they are legal but i think that is the problem here is they have the addidas logo on them and they were not made by addidas.

[Heidenreich]

Every "authentic" jersey sold on ebay is a fake.

Everybody knows this.

That's why they're all sold from Korea, so a US company can't do anything about them.

Since you're in the country, you get a nice cease & desist letter.

[DarrellsMyHero28]

if they dont use the addidas logo then your right they are legal but i think that is the problem here is they have the addidas logo on them and they were not made by addidas.

If thats the case then yeah you're dealing with copy right infringement.

Point is though, if he couldn't be reasonably expected to realize that they were fake...he won't be liable.

[Rdskn4Lyf21]

Missed that, but they could just be trying to be careful.

Why would they allow so many up on their site to begin with then?



if a 13 year old girl tells you she is 19 and divorced on her myspace page does that make it legal to sleep with her?
I know the analogy is a little off but its along those same lines.
If you are going to sell a product it is your responsibility to know without a doubt you are not infringing on trademarks.

I could ask the girl for her ID :silly:

The point there is how are you supposed to tell that they aren't? How the hell can anyone other than Mark??? :laugh:


:laugh: Of course there is something illegal - that's why official licensing exists.

If it were me, I would take the letter to a lawyer, and get a consultation. Might cost you a little bit, but its worth it. I'm sure you have a friend of the family who is a lawyer who may do it for free...most people do. Someone on ES may even look at it for you if you're nice enough.

I've been corresponding with www.worldlawdirect.com/ and am waiting to hear back.

[Zguy28]

Do you really think Adidas is going to take you to court over $450?

[Rdskn4Lyf21]

The thing is, if this letter is legit, I have no problem not selling anymore of them (I'm not anyways). I also have no problem informing them where I purchased them.

The issue is the $450 they want me to pay them for "damages".

[Rdskn4Lyf21]

Do you really think Adidas is going to take you to court over $450?

I'm praying not :laugh:

[Heidenreich]

I don't get why it's Adidas. They haven't made an NFL jersey in years.

Reebok is the official licenser now, I believe. Even my knockoff Landry jersey has the Reebok logo on it.....

[Xameil]

if its b.s then why would ebay pull the ad.


lol nevermind...I need more coffee

[DarrellsMyHero28]

Why would they allow so many up on their site to begin with then?

I don't know.

Again I'm putting my neck out there on this issue. My knowledge on this is limited--I don't know anything about official licensing laws or copyrights but as far as I know you can't be held liable for such issues unless you knew (or very obviously should have known) that what you were selling is illegal.

Plus theres no way they can force you to name your source.

[redskinss]

this is such a massive grey area and so many people do it which is why i doubt they would ever seek legal action against such a small fish, but if they did i think the law would side with them is all im saying.

[Alvin_Walton40]

I am in the golf biz. Counterfeit clubs have become a huge problem. I know that the golf manufacturers send these types of letters out all the time.

It would not surprise me if Addidas has put a firm on retainer to track and monitor Ebay transactions. Especially since it has become a huge outlet for NFL jerseys.

Companies will go to no ends to protect their brand integrity. I am not trying to scare you, but it wouldn't surprise me if that letter was legit.

**Question - do the jersey's have an Addidas logo?

[Rdskn4Lyf21]

I don't get why it's Adidas. They haven't made an NFL jersey in years.

Reebok is the official licenser now, I believe. Even my knockoff Landry jersey has the Reebok logo on it.....

http://www.msnbc.msn.com/id/8805430/ - would that have something to do with it?

[Winning Season Please!]

lol nevermind...I need more coffee

No, read teh OP again. Ebay pulled it. I don't understand why they would. 95% of the auctions on there are for fake crap.

[DarrellsMyHero28]

If they had Adidas on them and they were fake then you could be in some trouble.

Like I've said though, you could make the case that you weren't aware that they were counterfeit.

I don't think they'll get any damages from you, probably just best to stop.

[Rdskn4Lyf21]

If they had Adidas on them and they were fake then you could be in some trouble.

Like I've said though, you could make the case that you weren't aware that they were counterfeit.

I don't think they'll get any damages from you, probably just best to stop.

They just have the Reebok on it where the size is on the jersey.

That's my thinking - that they will only pursue the ones who continue if its legit.

[jrockster21]

So you're telling me that every knock of jersey is illegal?

Yes.


Quite a few companies make jerseys, theres not one company with official licensing...if they don't use Adidas' logo they have every right to make the jersey.

Only the companies who have a licensing agreement with the NFL get to make NFL jersies. Adidas pays money to the NFL for the right to make jersies - anyone who doesn't is breaking the law.

Heidenreich got it correct in that most of these fake ebay jersies come from Korea, where Adidas really can't do much about it.

[DarrellsMyHero28]

Yes.



Only the companies who have a licensing agreement with the NFL get to make NFL jersies. Adidas pays money to the NFL for the right to make jersies - anyone who doesn't is breaking the law.

Heidenreich got it correct in that most of these fake ebay jersies come from Korea, where Adidas really can't do much about it.

Fair enough, I don't know crap about the licensing but I think he'll be fine.

[DarrellsMyHero28]

They just have the Reebok on it where the size is on the jersey.

That's my thinking - that they will only pursue the ones who continue if its legit.

It has Reebok on it, and Adidas is contacting you?

Color me confused.

Even if Adidas has the official licensing now, its not like you can't sell old stuff from when Reebok had the license...

[Rdskn4Lyf21]

Heidenreich got it correct in that most of these fake ebay jersies come from Korea, where Adidas really can't do much about it.

Hmm.....According to Ebay forums, Reebok does manufacture merchandise in China (which is where I got these) :whoknows:

[Heidenreich]

http://www.msnbc.msn.com/id/8805430/ - would that have something to do with it?

There you go. I had no clue that Adidas bought Reebok. Even worse that it was three years ago!!!



It has Reebok on it, and Adidas is contacting you?

Color me confused.

Even if Adidas has the official licensing now, its not like you can't sell old stuff from when Reebok had the license...

See above. Adidas is the parent company of Reebok right now, so it is their property that is being knocked off.

[Rdskn4Lyf21]

It has Reebok on it, and Adidas is contacting you?

Color me confused.

Even if Adidas has the official licensing now, its not like you can't sell old stuff from when Reebok had the license...

The Adidas Group.

[Mark The Homer]

Wow, this is interesting. I've never heard of this happening before.

You say you received a letter - but you responded to the email...

So was this actually an email? Who ever heard of receiving a legal document by email? The fact that they did that makes me think they're either BSing or grabbing at straw.

How do they know you received it? How do they know it didn't end up in your spam folder, which you never check? ;)


I think this is BSI think there's a good chance of that too.


Every "authentic" jersey sold on ebay is a fake.

Everybody knows this.

That's why they're all sold from Korea, so a US company can't do anything about them.

Since you're in the country, you get a nice cease & desist letter.I don't think that's quite correct. I think rougly 90% are fakes and 10% are legitimate. There are licensed sellers - sellers who are authorized and licensed to sell NFL jerseys - at least the Reebok jerseys at this time. And it's not a crime for them to sell on eBay - so why wouldn't they? But the jerseys are going to be expensive, even on eBay. From what I understand, an authentic Reebok costs the dealer around $140. He has to sell above that to make money.

Personally I would ignore this until I got a hard copy of something signed in ink.

[Heidenreich]

I don't think that's quite correct. I think rougly 90% are fakes and 10% are legitimate. There are licensed sellers - sellers who are authorized and licensed to sell NFL jerseys - at least the Reebok jerseys at this time. And it's not a crime for them to sell on eBay - so why wouldn't they? But the jerseys are going to be expensive, even on eBay. From what I understand, an authentic Reebok costs the dealer around $140. He has to sell above that to make money.



You're percentage is probably closer to correct than mine, I'll give you that. I know the ones I buy are fake.... :)

But if the OP was buying jerseys on the cheap from a "wholesaler", then selling them off for profit, I'd be willing to bet that he laid out 50 per jersey, not 150+

[Rdskn4Lyf21]

Wow, this is interesting. I've never heard of this happening before.

You say you received a letter - but you responded to the email...

So was this actually an email? Who ever heard of receiving a legal document by email? The fact that they did that makes me think they're either BSing or grabbing at straw.

How do they know you received it? How do they know it didn't end up in your spam folder, which you never check? ;)

I think there's a good chance of that too.

I don't think that's quite correct. I think rougly 90% are fakes and 10% are legitimate. There are licensed sellers - sellers who are authorized and licensed to sell NFL jerseys - at least the Reebok jerseys at this time. And it's not a crime for them to sell on eBay - so why wouldn't they? But the jerseys are going to be expensive, even on eBay. From what I understand, an authentic Reebok costs the dealer around $140. He has to sell above that to make money.

Personally I would ignore this until I got a hard copy of something signed in ink.

The first part of the letter says it was sent to my email and to my address :whoknows:

[Heidenreich]

The first part of the letter says it was sent to my email and to my address :whoknows:

They probably got both of them from ebay.

A quick email to put the fear in you, and an official cease & desist letter (by certified mail, perhaps?) is en route.

If you just got the email this morning, it could be possible that the letter is on the way....

[Mark The Homer]

You're percentage is probably closer to correct than mine, I'll give you that. I know the ones I buy are fake.... :)

But if the OP was buying jerseys on the cheap from a "wholesaler", then selling them off for profit, I'd be willing to bet that he laid out 50 per jersey, not 150+

Absolutely. The OP was breaking the law, whether he realized it or not. I don't think ignorance will work very well as a blanket defense.

This may very well be legit - but I don't know if they, those representing Adidas, would pursue it. Getting the OP's personal info from eBay is not easy, I suspect.

[Mark The Homer]

Is this legit? I responded to the email but have had nothing back. I don't think its right that I pay anything as I was sold these jerseys saying they were legit. I only sold one on top of it. Would Adidas really pay all the court fees and such to take this further with someone who has sold one jersey which I was told was legit if I don't pay that amount?

Please, anyone with any clue help me!Now that you've responded to the email, you've acknowledged receipt of it. Not good.

Still, you don't have a signature in ink. You don't know for sure if the complaint is legit. I think I'd just cross my fingers and lay low for a while. And stop selling those jerseys. ;)

[Rdskn4Lyf21]

Absolutely. The OP was breaking the law, whether he realized it or not. I don't think ignorance will work very well as a blanket defense.

This may very well be legit - but I don't know if they, those representing Adidas, would pursue it. Getting the OP's personal info from eBay is not easy, I suspect.

I know YOU can tell a jersey is fake, but if I'm sold something that is said to be legit (from a place where they make the products: http://www.sportbusiness.com/news/159998/adidas-secures-reebok-rights-in-china) and the item is not legit, how does that fall on me?

I can't tell an Authentic from a fake.....


They probably got both of them from ebay.

A quick email to put the fear in you, and an official cease & desist letter (by certified mail, perhaps?) is en route.

If you just got the email this morning, it could be possible that the letter is on the way....

I want to say I received the email yesterday so I should get something today.

I'm just wondering if I follow the cease and desist of selling these jerseys if they'll lay off, or really pursue this.

[Alvin_Walton40]

Lay low and if they want to take the next step, they will. My guess is that they have already got what they wanted.

[Rdskn4Lyf21]

Now that you've responded to the email, you've acknowledged receipt of it. Not good.

Still, you don't have a signature in ink. You don't know for sure if the complaint is legit. I think I'd just cross my fingers and lay low for a while. And stop selling those jerseys. ;)

That's the plan.....I don't have them listed on there anymore. I had them up on Amazon.com at one point, but removed them myself to try to end this.

[Mark The Homer]

BTW, you asked for legal advice, and you need to know I am not an attorney in any way shape or form.

So I'll shut up now. :)

Good luck.

[Heidenreich]

I can't tell an Authentic from a fake.....




If you paid less than 200 bucks for the jersey, it's a fake.....

[Rdskn4Lyf21]

Lay low and if they want to take the next step, they will. My guess is that they have already got what they wanted.

In scaring the :pooh: out of me and me stopping? :laugh:

[Rdskn4Lyf21]

If you paid less than 200 bucks for the jersey, it's a fake.....

I'll never be able to afford a true authentic then....


BTW, you asked for legal advice, and you need to know I am not an attorney in any way shape or form.

So I'll shut up now. :)

Good luck.

Thanks Mark :cheers:

[Clarkin09]

First off ignorance is no excuse for the law.

Second if you are worried that it is a scam try calling Adidas office and talking to legal, if they sent you that letter they would have it on record.

Third Yes they might go through with the threat just to try and prove a point to others doing it. And if they do take you to court and you lose you would be responsable for all legal and court fees.

At least thats how it works in most states.

[TK]

Did you get the letter in the mail & have to sign for it, or was it just an e-mail?

[gazpar]

I am not a lawyer, but have some sense of our legal system.
Unless you get something in the mail, you don't have any responsibility to respond.

Heres what I would do...
Hold onto the jerseys, in the same way that you received them.
Don't reply to their emails, but print them out and save them with the jersey.
Find the bill of sale, Credit card receipt, or other proof of purchase that came when you bought them
Put all that in a box for a couple of months...

If they do mail you a letter to your home, addressed to you by name, you then need to get a lawyer. (I highly doubt that will happen)

If you haven't heard anything back by then, you could probley re-sell them, but not on ebay, if you have been "flagged".
Message boards and friends are your only real options, and even then, do NOT claim that they are authentic.

Again, I am not a lawyer...

Good luck!

[Rdskn4Lyf21]

I am not a lawyer, but have some sense of our legal system.
Unless you get something in the mail, you don't have any responsibility to respond.

Heres what I would do...
Hold onto the jerseys, in the same way that you received them.
Don't reply to their emails, but print them out and save them with the jersey.
Find the bill of sale, Credit card receipt, or other proof of purchase that came when you bought them
Put all that in a box for a couple of months...

If they do mail you a letter to your home, addressed to you by name, you then need to get a lawyer. (I highly doubt that will happen)

If you haven't heard anything back by then, you could probley re-sell them, but not on ebay, if you have been "flagged".
Message boards and friends are your only real options, and even then, do NOT claim that they are authentic.

Again, I am not a lawyer...

Good luck!

I'm just going to go through these guys: http://www.worldlawdirect.com/


Did you get the letter in the mail & have to sign for it, or was it just an e-mail?

In the letter that was emailed to me, it says it was sent to my email and by "first class mail" to my house address - I haven't received anything.

[DCSaints_fan]

I am not a lawyer, but this is my take on this

1) If Addidas does indeed have an exclusive licensing agreement with the NFL, then they can prevent anyone from producing and selling original jerseys with any NFL team or Adidas logos on them. This is the reason why there are no other NFL football games other than Madden, and you have to get DirectTV to get Sunday Tickets - because Electronic Arts and DirectTV have exclusive rights to their respective products.

2) They cannot however, prevent a "resale" - someone who bought a jersey from an authorized outlet and decided to resell it That goes to the "right of first sale" doctrine - if there are no other licensing terms when agreed to upon the sale, then the consumer is able to resell whatever physical property he bought (i.e., you can sell your physical copy of Madden NFL 2kx, but you can't copy the disc and resell the copy).

3) You could sell jerseys that were in color with numbers which had no team or NFL logos. They couldn't have player names without permission of the NFLPA and the player involved, however. E.g., a maroon #26 jersey with no other markings, that doesn't say 'Portis' on the back.

[CounterTrey75]

I'm just going to go through these guys: http://www.worldlawdirect.com/

Looking at their website the company looks legit. You might want to stick to your advice and don't sell the rest of the jersey's.

[I_Bleed_B&G]

I am not a lawyer, but this is my take on this

1) If Addidas does indeed have an exclusive licensing agreement with the NFL, then they can prevent anyone from producing and selling original jerseys with any NFL team or Adidas logos on them. This is the reason why there are no other NFL football games other than Madden, and you have to get DirectTV to get Sunday Tickets - because Electronic Arts and DirectTV have exclusive rights to their respective products.

2) They cannot however, prevent a "resale" - someone who bought a jersey from an authorized outlet and decided to resell it That goes to the "right of first sale" doctrine - if there are no other licensing terms when agreed to upon the sale, then the consumer is able to resell whatever physical property he bought (i.e., you can sell your physical copy of Madden NFL 2kx, but you can't copy the disc and resell the copy).

3) You could sell jerseys that were in color with numbers which had no team or NFL logos. They couldn't have player names without permission of the NFLPA and the player involved, however. E.g., a maroon #26 jersey with no other markings, that doesn't say 'Portis' on the back.


I was about to post something almost identical to this. These were my thoughts as well.

[Rdskn4Lyf21]

Looking at their website the company looks legit. You might want to stick to your advice and don't sell the rest of the jersey's.

That's the site I'm going through for help on this matter. From forums it looks like they have previous knowledge of this, even saying they doubt Adidas would push this further and is just using this to stop the additional sales.

[CounterTrey75]

That's the site I'm going through for help on this matter. From forums it looks like they have previous knowledge of this, even saying they doubt Adidas would push this further and is just using this to stop the additional sales.

Oh, ok.

[LegionOfDoom]

Can you post the pics of the items.

[grhqofb5]

Adidas isn't going to sue you. It would cost them more money to have an attorney file the complaint than it would for them to just write off the $450.00. You received a form demand letter written to make you piss your pants, and maybe cough up a few bucks.


Then again, don't take my work for it.

[redskin56]

Rdskn4Lyf21:

PM me.

[Rdskn4Lyf21]

Can you post the pics of the items.

I went by the higher selling jerseys, so don't get on me :silly:

http://i78.photobucket.com/albums/j91/TurnTheTables/Brady50F.jpg

[Heidenreich]

Adidas isn't going to sue you. It would cost them more money to have an attorney file the complaint than it would for them to just write off the $450.00. You received a form demand letter written to make you piss your pants, and maybe cough up a few bucks.


Then again, don't take my work for it.

I'm thinking the same thing.

Even a real letter is just there to make you piss your pants.

Stop selling the stuff, though.

If they send a follow up letter, then you might be in trouble.

[Rdskn4Lyf21]

I'm thinking the same thing.

Even a real letter is just there to make you piss your pants.

Stop selling the stuff, though.

If they send a follow up letter, then you might be in trouble.

You mean a follow up letter after the one that is supposed to be on the way....speaking of it, the mail should be here, I'm going to go check.

[Heidenreich]

I went by the higher selling jerseys, so don't get on me :silly:

http://i78.photobucket.com/albums/j91/TurnTheTables/Brady50F.jpg


There's one dead giveaway on this jersey that proves it's a fake.

"Authentic" jerseys from Reebok, don't say AUTHENTIC on the tag.

If it was a Redskin jersey, I could find more (Since I have one of each), but it's tougher with a Patriots jersey.....

[Rdskn4Lyf21]

There's one dead giveaway on this jersey that proves it's a fake.

"Authentic" jerseys from Reebok, don't say AUTHENTIC on the tag.

If it was a Redskin jersey, I could find more (Since I have one of each), but it's tougher with a Patriots jersey.....

:doh:

I had no clue on that....I didn't get the letter in the mail today...

[Heidenreich]

:doh:

I had no clue on that....I didn't get the letter in the mail today...


Not sure where the offical Adidas headquarters is, but First class mail to Florida could take more than a day. I would say you're in the clear if you don't have it by this time next week.

As for the AUTHENTIC, I didn't know it either until my Korean Landry jersey showed up. It said Authentic in about nine different spots, just to hammer the point home that it was a "real" jersey.

[Rdskn4Lyf21]

Not sure where the offical Adidas headquarters is, but First class mail to Florida could take more than a day. I would say you're in the clear if you don't have it by this time next week.

As for the AUTHENTIC, I didn't know it either until my Korean Landry jersey showed up. It said Authentic in about nine different spots, just to hammer the point home that it was a "real" jersey.

Weird, I just checked my Moss, Taylor, and Landry and they don't have that "Authentic" label.....

*I bought them from Ebay and they say "Made in Korea".

[Heidenreich]

Weird, I just checked my Moss, Taylor, and Landry and they don't have that "Authentic" label.....

*I bought them from Ebay and they say "Made in Korea".

Can you post the Moss? The real authentic I have is Santana, so I can compare the two.

[Rdskn4Lyf21]

Can you post the Moss? The real authentic I have is Santana, so I can compare the two.

http://i78.photobucket.com/albums/j91/TurnTheTables/DSCN3557.jpg

[Heidenreich]

Something about the numbers looks off, but it could just be the way that it's hanging.

The #1 difference is the sleeves. The white & gold & the arm is fabric, sewn into the shirt.

On an official authentic, the white & gold is screen printed, like it is on a replica jersey.

Also, I think the NFL shield on the neck goes down further, but don't quote me on that. I'll look at mine when I get home.....

[SoCalSkins]

Didn't you also sell Ipods loaded with music and videos last year? When you are based in the USA and sell other people's property for profit, you are going to get burned. Buying the products is one thing, but selling them is going to get you in massive headaches.

Hope this one goes away as just a threat in a form letter. Take it as a lesson learned and realize that it is probably not worth the risk to make a few dollars this way.

[DeanCollins]

disclaimer: not an attorney. Sounds like a threat to me also. I'd take the "wait and see" approach. If they write you another letter, then I'd respond that you sent the other jerseys back to the source (name them) and demanded a refund, btw I'm a 21yo Broke college student, so bite me.

[DeanCollins]

Rdskn4Lyf21:

PM me.

I say, the boy wouldn't know an attorney if he saw one :silly:

[Rdskn4Lyf21]

disclaimer: not an attorney. Sounds like a threat to me also. I'd take the "wait and see" approach. If they write you another letter, then I'd respond that you sent the other jerseys back to the source (name them) and demanded a refund, btw I'm a 21yo Broke college student, so bite me.

So that's the alibi right? I'm a poor college student trying to make it :laugh:

I'm going to do just that - wait and see. The more I think about it, the more I'm convinced that it's a very strong warning.


Didn't you also sell Ipods loaded with music and videos last year? When you are based in the USA and sell other people's property for profit, you are going to get burned. Buying the products is one thing, but selling them is going to get you in massive headaches.

Hope this one goes away as just a threat in a form letter. Take it as a lesson learned and realize that it is probably not worth the risk to make a few dollars this way.

Wow SoCal, good memory.

I sold a few online (Ebay) and no legal issues or anything ever surfaced. I was just selling used ones with the data on them. A lot of people have been selling hacked iPhones on there and that hasn't been an issue either (from what I've seen).

That's what I'm doing. Next time I sell something on Ebay that I myself did not purchase directly from the store, I will do some research.

[SpringfieldSkins]

I don't know much about the legal aspect of this. I only read the first two pages and last of this thread, but I have a question.

I thought Reebok made all of the official jerseys for the NFL.


I'm probably wrong, if so just file this under the "epic fail" thread. :)

[Rdskn4Lyf21]

I don't know much about the legal aspect of this. I only read the first two pages and last of this thread, but I have a question.

I thought Reebok made all of the official jerseys for the NFL.


I'm probably wrong, if so just file this under the "epic fail" thread. :)

Reebok and Adidas are one as of 3 years ago (or so).

[SpringfieldSkins]

Reebok and Adidas are one as of 3 years ago (or so).


Like I said... file this under "EPIC FAIL"!!!!!!!!!! :silly:


EEEEPPPPPPIIIICCCC FAAAAAAAAIIILLL



Good luck with your legal troubles. I'm not a lawyer, but it sounds like a scare tactic to me. That's all of my advice, just don't epic fail.

[Rdskn4Lyf21]

Like I said... file this under "EPIC FAIL"!!!!!!!!!! :silly:


EEEEPPPPPPIIIICCCC FAAAAAAAAIIILLL



Good luck with your legal troubles. I'm not a lawyer, but it sounds like a scare tactic to me. That's all of my advice, just don't epic fail.

:laugh:

Thanks :cheers:

[Rdskn4Lyf21]

Quick update and bump if anyone wants to ad their 2 cents....I'm calling an attorney today.

[Heidenreich]

Quick update and bump if anyone wants to ad their 2 cents....I'm calling an attorney today.

Did the letter show up?

[grhqofb5]

Quick update and bump if anyone wants to ad their 2 cents....I'm calling an attorney today.

He's going to want a retainer that is at least $500.00. You're better off paying the fine.

[Rdskn4Lyf21]

Did the letter show up?

That was in the update ;)

Yes, the one that was sent to my email did. Nothing further though. I had responded to that email and nothing back.


He's going to want a retainer that is at least $500.00. You're better off paying the fine.

I'm going to call someone that wants to hear more of what happened and see from there.

[Darth Tater]

i am no legal expert so dont take this as advice but it sounds to me like you bought fake jerseys and sold them as authentic therefore breaking the same law that the person who sold them to you broke.
its like if someone stole something then sold it to you and you turned around and sold it to someone else, you didnt steal it but you are breaking the law by selling stolen merchandise, ignorance has never been a valid excuse when it comes to the law.
Not to hijack this thread but I know of a few criminal cases where the ignorance defense worked and a few others where ignorance was considered a mitigating circumstance. I also have been involved in a couple of civil cases where ignorance on the part of one party tipped the balance in their favor.

[Rdskn4Lyf21]

Not to hijack this thread but I know of a few criminal cases where the ignorance defense worked and a few others where ignorance was considered a mitigating circumstance. I also have been involved in a couple of civil cases where ignorance on the part of one party tipped the balance in their favor.

Here's a response from one law place, very comforting :whew:

"Hi Antonio--if you remove the items and tell them they were sold to you as originals, they normally will not take further action. They have costs of any court case and it is normally not worth it. We see this often. If they do keep pursuing it for some reason, we could intervene with them and usually we can halt it at that level as well.



Please feel very free to follow up on this email."



Kind regards.



Greg Turner

WORLD Law Direct

http://worldlawdirect.com (http://worldlawdirect.com/)

[HogNose]

Here's a response from one law place, very comforting :whew:

"Hi Antonio--if you remove the items and tell them they were sold to you as originals, they normally will not take further action. They have costs of any court case and it is normally not worth it. We see this often. If they do keep pursuing it for some reason, we could intervene with them and usually we can halt it at that level as well.



Please feel very free to follow up on this email."



Kind regards.



Greg Turner

WORLD Law Direct

http://worldlawdirect.com

Well it looks like Greg Turner is your new best friend. Keep us updated. :cheers:

[Rdskn4Lyf21]

Well it looks like Greg Turner is your new best friend. Keep us updated. :cheers:

Haha, you bet he is :high5: (I've wanted to use that forever).

Thanks man, I will :cheers:

[Mark The Homer]

http://i78.photobucket.com/albums/j91/TurnTheTables/DSCN3557.jpg
Something about the numbers looks off, but it could just be the way that it's hanging.

The #1 difference is the sleeves. The white & gold & the arm is fabric, sewn into the shirt.

On an official authentic, the white & gold is screen printed, like it is on a replica jersey.

Also, I think the NFL shield on the neck goes down further, but don't quote me on that. I'll look at mine when I get home.....

Yep. Heidenreich called it correctly. The sleeves are a dead give away.

I don't own an authentic, so I"m not positive, but on the gamers, the REDSKINS on the chest has more of a bulb look - it doesn't look flat like yours looks.

And that looks like a Korean fake. You can tell by the stitching. It's not tackle twill. It should be a zig zag stitch. That stitch is typical of a Korean knock off.

Here's some more info if you're interested:

http://extremeskins.com/forums/showthread.php?t=247947

[lolicoptr]

any updates?

[lolicoptr]

bumpp .. any updates