Trade Dress
Hello, my wife has a small on line business selling handmade soap. She molds soaps in many different designs and shapes. She received a letter from a attorney that suggested that one of her designs/shapes was infringing on their employee's ''Trade Dress''. The shape does resemble the the item they indicate but has no direct link to this item. After she received this letter she removed said item from her website and sent an email stating the item was removed from the site and would no longer be listed for sale. She also called by phone and they told her they would respond when they decided how they would settle the case. After two months (yesterday 5/21/07) she received by certified mail a letter that stated: She was in violation of ''Trade Dress'' and is required to pay $500.00 to cover their (the attorneys) costs. The shape is a very generic shape. The letter she received said the offer to settle ($500.00) is open until 6/6/07. If they have not received this money by then they will proceed with an action against her: $100,000.00 for each infringement plus court costs and other fees. Her business is very small, home based. She is the only employee. The company the attorney represents is a huge company that all would recognize. Thanks.
Re: Trade Dress
You can and should consult with an attorney if you have any intention of contesting the "huge company's" claim. They could claim the trade dress was a standard bar of soap and have no legitimate case but if they sue, you would have to defend or default. Either way, that will, indeed, cost you a good bit of money, and there's no assurance you'd be able to recover your attorney fees if you win.
Re: Trade Dress
You can and should consult with an attorney if you have any intention of contesting the "huge company's" claim. They could claim the trade dress was a standard bar of soap and have no legitimate case but if they sue, you would have to defend or default. Either way, that will, indeed, cost you a good bit of money, and there's no assurance you'd be able to recover your attorney fees if you win.
