QUESTION
Got a letter for trademark infringement. They're asking for information. What am I obligated to provide?
Asked on Jun 29th, 2015 on Intellectual Property - Kansas
More details to this question:
I have been sent a letter by a law firm claiming that I have infringed on a trademark of their client, but that they will attempt to pursue an amicable resolution to this matter, but if I do not comply with their demands, they will pursue further legal action. Demand one is to cease use of the trademark completely- I have done this. Demand two is to shut down the website and all other social media- I have done this too. Demand three is to provide accounting of any sales bearing the infringing mark "so and so" including the date of the sales, quantity, price, and name and location of customer made by you or for you- this is where I think they're demanding too much. But this is why I am here, asking you; am I legally obligated to provide such details? They seem very self-incriminating. Thank you.
1 ANSWER
No, you are not required to voluntarilly provide such information as " the date of the sales, quantity, price, and name and location of customer made by you or for you- ". Of course, should they institute litigation, they may be able to obtain such information via discovery. In this case, since you have terminated all of the acts they have complained of, it is highly unlikely that they would institute litigation since the costs could exceed anything that they might hope to recover assuming that you have not had a hugh volume of sales and they might not even be correct in their assertions of trademark infringement (you have not indicated whether your mark was identical to theirs and for essentially the same goods, or whether you had prior knowledge of the other party's trademark).
Answered on Jul 06th, 2015 at 12:48 PM