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As per our Law firm, Buchalter/Nemer, we hereby inform you that Prive Products and Laurent Dufourg (collectively "Prive"),
is the owner of PRIVE trademark for hair care products and salons United States Trademark Registration No's 2615833 and 2101341, respectively.
Products bearing the PRIVE trademark are offered and sold extensively throughout the United States and throughout the world at some of the world? most exclusive salons. Because of the excellent quality of the products bearing the PRIVE trademark, such mark has become distinctive and synonymous with health and beauty care products of the highest quality, and now embodies a very substantial amount of valuable business goodwill. Prive controls all distribution of its products to the salons of its choosing. As an integral part of all its distribution agreements, Prive specifically disallows all Internet sales of the products bearing the PRIVE trademark. It has come to Prive? attention that you have been offering for sale numerous products that bear PRIVE trademark on your online store. While Prive respects the first sale doctrine, we are informed and believe that the products you are offering a sale on the Internet do not implicate the first sale doctrine. As such, either the PRIVE products you are selling are counterfeit; or are being sold in violation of an express provision of a distribution agreement with Prive. In either case you and/or your supplier may be liable under the state contract law, federal trademark law or international law for these improper online sales. Furthermore, you may be liable for attorney fees and punitive damages depending on the nature of your use. This liability can exceed $100,000. In light of the foregoing, demand is make that you: |
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(1) Immediately cease and desist from selling or offering for sale any product bearing the PRIVE trademark now and at all times in the future;
(2) Supply Prive, care of the address below, with a written explanation and proof as to how you acquired the Prive items you have sold (such as a copy of applicable invoices and names and addresses of your supplier), as well as a sample of these items to ensure their authenticity and a written assurance that you have complied with the first demand. If we do not receive your written response with 21 days of this letter, we will authorize our attorney to take all appropriate legal action. |
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Your compliance with these demands may help to mitigate the damages for which you may ultimately be liable. We urge you or your counsel to
contact us immediately if you have any questions relate to the demands listed herein. This is a very serious matter and you should give it the
respect and attention it deserves.
This letter is written without prejudice to, and expressly reserves any and all rights, claims and interests which Prive may have. If you would remove the product immediately no further action is required. We would appreciate it if you would comply with this request.
Very truly yours, |