QUESTION

What are my rights concerning selling goods that I wasn't aware of that was unlicensed by Nike for the NFL.

Asked on Jan 15th, 2013 on Business Law - Virginia
More details to this question:
I had been buying NFL jerserys direct from China with the Nike logo. The person had assured me more than once they were licensed and official. Nike had someone come in our store and take all of the products that had their name on it. What are my rights and do I need an attorney.
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1 ANSWER

You are most likely out of luck. You can sue the Chinese company but I suspect that would be a waste of time.  Hopefully Nike won't sue you for unauthorized use of their logo and will be satisfied that the merchandise was removed. You won't need a lawyer unless Nike sues, or unless Nike tries to have your criminally prosecuted.     Many foreign countries do nothing in the area of trademark/tradename protection so if you do business with companies overseas, it's a risk you take.  You can always request a supplier produce proof of licensing from the company...but even that can be forged, so call the producer (Nike) to confirm it's real..   If a price seems too good to be  true on stuff like this, that's a huge flag and if a supplier can't produce proof of authorization, that's a second big red flag.
Answered on Jan 16th, 2013 at 8:29 AM

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