Blog

A new defense to overzealous trademark enforcement?

Posted by admin on: February 15th, 2011

A woman seeking to re-sell on eBay a legit handbag she purchased received a cease and desist letter and had her eBay listing taken down.

According to an Associate Press article in Seattle Post-Intelligencer, the “letter threatened her with up to $2 million in penalties, instructed her to sign a statement admitting wrongdoing, and demanded she pay Coach $300.”

So the woman has “sued the company in U.S. District Court in Seattle this week alleging violations of the state Consumer Protection Act, defamation, interference with her business relationship with eBay, and other claims. The lawsuit, which seeks class-action status, claims that Coach’s real motive in sending out the letters is an attempt to suppress the online sale of used items and force people to pay top dollar directly to the company if they want a Coach handbag.”

The complaint filed can be viewed (PDF) here. Hat tip to Law  Blog from Wall Street Journal!

Comments are closed.