Prada S.A. - Warning Letter

Received-SPF: neutral (google.com: 209.85.220.41 is neither permitted nor denied by best guess record for domain of azhari.ahmad+caf_=azharimad=gmail.com@apik.co.id) client-ip=209.85.220.41;
Received-SPF: neutral (google.com: 209.85.220.69 is neither permitted nor denied by best guess record for domain of noc+bncbcomvk7uu4mbbjfps7nakgqe522cigi@apik.co.id) client-ip=209.85.220.69;
Received-SPF: pass (google.com: domain of bounces+2001486-f1dd-noc=apik.co.id@insightmailer.opsecsecurity.com designates 192.254.118.94 as permitted sender) client-ip=192.254.118.94;
Cc: prada_enforce@opsecsecurity.com
content-transfer-encoding: quoted-printable
content-type: text/html; charset="UTF-8"
Date: Wed, 11 Jul 2018 10:10:42 +0000 (UTC)
From: prada_enforce@opsecsecurity.com
Mime-Version: 1.0
Subject: Prada S.A. - Warning Letter - Immediate Attention Required - case #5b45d7a2f1d3c42318777583
To: noc@apik.co.id
Message-ID: <LpQJ70fPS7mk6fFfj1GeDg@ismtpd0010p1iad1.sendgrid.net>
Precedence: list
Mailing-list: list noc@apik.co.id; contact noc+owners@apik.co.id

<html><body><p>Dear Sirs,</p><p>Please receive this letter in the name and =
of behalf of Prada S.A. (hereinafter, Prada or =E2=80=98client=E2=80=99).</=
p><p>As in your knowledge, our client is the owner and registrant of the fa=
mous and well-known Prada, Miu Miu, Church=E2=80=99s and Car Shoe trademark=
s for apparel and accessories among others. In fact, Prada S.A. owns multip=
le incontestable trademark registrations for its trademarks and numerous tr=
ademark registrations around the world under international trademark law. <=
/p><p>It has come to our attention that you are selling Prada counterfeit g=
oods on the website TASBRAND.COM under your control and/or legal ownership.=
</p><p>Namely, you are tendering the following counterfeit products apparel=
, shoes, handbags & leather accessories, eyewear, featuring signs identical=
 or similar to the Prada trademark at discount prices. Sample screenshot is=
 attached to this e-mail.</p><p>Eventually, your conduct also constitutes u=
nfair competition in terms of use of names or distinctive signs such as to =
lead to confusion with the names or distinctive signs legitimately used by =
other entrepreneurs (acts of confusion). And it also represents passing-off=
 and unfair trade practice, as eligible to create a link with our client=E2=
=80=99s company before the consumers who may hold in good faith that you ar=
e legitimately exploiting our client=E2=80=99s brand.</p><p>Prada takes the=
se infringements extremely seriously and is in a position to resolve this t=
hrough legal means; it shall not tolerate any of the foregoing unlawful act=
ivities as each and all generate prejudices to client=E2=80=99s assets and =
reputation. In the light of the foregoing evidence, we request you to immed=
iately:</p><p>(i)	Remove and cease selling each and all products featuring =
the Prada=E2=80=99s brand from your website and all possibly related links;=
 and<br />(ii)	Cease using, and remove, each and all images featuring Prada=
=E2=80=99s products from your website and all possibly related links; and<b=
r />(iii)	Cease using, and remove, each and all references to Prada=E2=80=
=99s company name from your website and all possibly related links; and<br =
/>(iv)	Provide us with all relevant information on these products (i.e. inc=
luding but not limited to manufacturing sources and distribution channels, =
storage lots or warehouses) as well as buyers=E2=80=99 full details in your=
 possession and copy of each and all sale invoices, with the indication of =
the payment method (e.g. PayPal, credit card, bank transfer, etc.); and<br =
/>(v)	Send us a written undertaking to desist from performing any of the fo=
regoing unlawful activities for the future, with the acceptance of a fine o=
f Euro 5.000,00 for each single infringing act.</p><p>Please, note that, al=
though further monitoring is being performed to ensure your full and prompt=
 compliance with each and all the above requests, in case of total or parti=
al failure within 7 (seven) days from the receipt of this notice, we shall =
consider that you do not wish to solve the issue amicably and client will t=
hen feel free to take further immediate actions for the protection of its r=
ights.</p><p>This letter is written without prejudice to, or waiver of, Pra=
da Group=E2=80=99s, rights and remedies worldwide, all of which are hereby =
expressly reserved.</p><p>Yours faithfully,</p><p>OpSec Security GmbH on be=
half of Prada S.A.<br />Inselkammerstrasse 1<br />82008 Unterhaching German=
y<br />prada@opsecsecurity.com <br /><br /><p style=3D"color:#666666;">Belo=
w is a case number to facilitate correspondence. To more easily serve you, =
please do not remove this text.<br />#5b45d7a2f1d3c42318777583</p></p></bod=
y></html>