First off we want to thank everybody for the support we have received concerning this bullshit Cease and Desist order from Lacoste. It looks like Lacoste, or their lawyers didn't like our last blog post and are still sending us demands. We find that amusing. This email was sent by ANOTHER one of their Lawyers, Richard Lehv. What a Dick. Below is the email we received and a nice and lengthy response from us, which we have still not gotten a reply to. We'll take that "W" and keep pushing. Enjoy.
-Dear Mr. Sagastume,
We have received your email of February 3, 2012, in which you say that you are “in the process of taking the #HeadsUp project down from [your] online shop.” Please confirm that you have permanently ceased use of the headless alligator logo to which we objected. In particular, please confirm that you will no longer sell or promote items bearing this logo, not just online, but also through dealers, by word of mouth and in any other manner.
We request confirmation that you will permanently cease such use because your blog says that you are “just gonna lay low,” which could mean that you will temporarily suspend sale and promotion of the logo, and might resume sale and promotion in the future.
In the absence of an unequivocal commitment by you permanently to discontinue your sale and promotion of goods bearing the headless alligator logo – which infringes and dilutes our client’s famous mark – our client will have no choice but to take legal action against you in federal court.
As for the statements you make on your blog about our client’s factories, please be aware that Lacoste and its licensees are opposed to human trafficking and slavery and take steps to ensure that such illegal behaviors are not taking place within the Lacoste supply chain. These steps include securing contractual commitments from all vendors to refrain from this type of behavior and to comply with applicable laws. Lacoste also has secured the right to conduct facility audits during visits, and to conduct unannounced audits using independent auditing agencies.
In your blog, you make false and defamatory claims about Lacoste and its suppliers, including that Lacoste sells “slave made tennis gear,” “us[es] sweatshops in countries like Guatemala and India,” “pay[s] some of these people 8 cents a day,” “hire[s] kids, some [of whom] are missing limbs from working in the famous brand's manufacturing facilities,” “rob[s] these sweatshop workers of a quality life,” and causes “limbs lost, [and] lives destroyed.” Please explain in detail what steps you took to investigate these claims before publishing them, and provide documentation supporting these claims. If you cannot provide an explanation and supporting documentation, we will assume that you have not done any investigation, and that you knowingly or recklessly published false and defamatory statements about Lacoste. We will add this to our legal action against you in federal court.
Finally, we note that in your email you say you “bought blank hats downtown.” We assume you also bought blank t-shirts and hoodies. Please describe in detail the steps you took to investigate and determine that the hats, t-shirts and hoodies you bought downtown were not made by slave labor, were not made in sweatshops, were not made by workers paid 8 cents a day, and were not made by workers injured on the job, and provide supporting documentation. In particular, please let us know the countries in which the garments you sell were manufactured and whether you visited the factories in which they were made. If you made no such investigation and have no such documentation, we think this will be of interest to the court.
We regard this as a serious matter. Please let us have your response on or before March 8, 2012.
Very truly yours,
Fross Zelnick Lehrman & Zissu, P.C."
Here's our response: