Hey guys, So I have a product out there and one of my affiliates were promoting it through job listing sites. He would post a job for my product, but he used a real company's name (they offer employment services). This went un-noticed to me until I received an email from a law firm representing that company. They told me I was under trademark infringement blah blah blah. So I emailed back saying I would take care of the issue. They emailed me back saying that I need to send them a letter in writing stating that it would be solved, and they also stated: Do I have to send them a letter in writing? And do I have to confirm my company's identity and that I'm "authorized" to represent my company. P.S. I don't even have a company... I work as a sole proprietor. Your input and help to this situation is appreciated! Thanks!
You don't "have" to do anything in response to a letter. Of course, if they take your lack of cooperation badly, they can bring suit and get all the information they want through the discovery process. It's up to you. Sometimes when you do nothing, the matter will just fade away; at other times it can escalate into a very time consuming and costly legal proceeding. Unless you have the power to look into the future, it is hard to know what will happen. Personally, I'd be inclined to cooperate, but like I said, it's really up to you.
I am totally for cooperating with the trademark infringement claims they have presented me with. I agree 100% that one of my affiliates are currently promoting my product with trademark infringement, and I am all for taking care of that situation. But asking... "identify your company by its formal name so that we can confirm your company's identity and that you are authorized to represent your company". Really? Basically, what I'm asking, are they legally entitled to that information? Again, I am sole prop so I don't have a "company", and I do not want to give up my real name and information if they are not legally entitled to that. Thanks.
As it is now, you aren't legally required to give them any information. The problem is, that if they want that information, they will name you in a lawsuit and then you are going to need to spend money to hire an attorney. If you have nothing to hide and want to cooperate with them and you haven't participated in the activity in question, then there really isn't any harm in giving your information to them. If you are operating as a sole proprietorship under your own name, you aren't required to have another business name. For all they know, you hired some people to make those posts. Without knowing who you are, they have no way of knowing if there is a relationship. Do you really want them to legally force the information out of you, or do you want to prevent spending thousands of dollars in legal fees?
It sounds to me like it would be pretty simple to just send them the letter and explain the situation to them. Trademark infringement is pretty serious.. so if it were me I certainly wouldn't ignore them.. providing they are a legitimate firm anyway. BTW.. Astral Walker.. are you talking about OBEs with that? I just downloaded an ebook to learn how to get out of body consciously. I've done it a couple of times but I cannot seem to do it consistently.