Hi, im from the UK and have just received a solicitors letter regarding Trademark and counterfeit goods selling on ebay.
Part of the letter says they would prefer to settle this matter on the basis of undertakings attached.
They will advise the client to take all steps necessary to protect their interlectual property rights if they do not receive executed settlement undertakings from me by a certain date
Ill only list the ones need further info on
3a The undertakings are as follows:
Full names and addreses of all or any concerns who have supplied or delivered any infringing goods to me or whom i have sold or supplied more than 10 of the infringing goods
3b full and clear copies of all invoices, delivery notes documents and records within my possesion relating to these goods
3c The precise number o infringing goods which i have purchased, been supplied with or taken delivery of orotherwise supplied or disposed of together with all pricing
4 if reqiired by you or you authorised representitive forwith confirm in writing under oath that the information provided pursuant to the undertaking given is complete and accurate.
5 Within 7 days from the disclosure send you a cheque representing my offer of a reasonable sum by way of damages in accordance with the nature and extent of my disclosed dealings which within 7 days of receipt of such preferred sum, you will confirm whether or not such figure is accepted in consideration of your claim for damages for my past dealings, but meanwhile, i note that you reserve all of your rights to compenation against me.
6 Within 7 days pay to you the sum of £350 by way of cheque in settlement of your legal expenses to date on the understanding that these expenses will increase if these undertakings are not promptly given and/or we do not comply fully with these undertakings, and
7 embody these undertakings in an order of the high court if required by you to do so
Firstly
I was led to believe the items i was supplied with and sold on ebay where authentic items, but since learning now know that they were fake.
A customer had contacted the makers of the original item who had then informed them they had purchased a fake item as each item has a product code.
I dont have any documentation regarding delivery notes/ invoices as these were all shredded upon receipt.
The payments were made via western union and document shredded after payment made.
The only information i could give is the website where they were purchased from.
I sold approximatey 15 items
I dont think i should sign the undertakings as why should i pay £350 for legal expenses.
Some advice would e great
Thanks
Kn95
Part of the letter says they would prefer to settle this matter on the basis of undertakings attached.
They will advise the client to take all steps necessary to protect their interlectual property rights if they do not receive executed settlement undertakings from me by a certain date
Ill only list the ones need further info on
3a The undertakings are as follows:
Full names and addreses of all or any concerns who have supplied or delivered any infringing goods to me or whom i have sold or supplied more than 10 of the infringing goods
3b full and clear copies of all invoices, delivery notes documents and records within my possesion relating to these goods
3c The precise number o infringing goods which i have purchased, been supplied with or taken delivery of orotherwise supplied or disposed of together with all pricing
4 if reqiired by you or you authorised representitive forwith confirm in writing under oath that the information provided pursuant to the undertaking given is complete and accurate.
5 Within 7 days from the disclosure send you a cheque representing my offer of a reasonable sum by way of damages in accordance with the nature and extent of my disclosed dealings which within 7 days of receipt of such preferred sum, you will confirm whether or not such figure is accepted in consideration of your claim for damages for my past dealings, but meanwhile, i note that you reserve all of your rights to compenation against me.
6 Within 7 days pay to you the sum of £350 by way of cheque in settlement of your legal expenses to date on the understanding that these expenses will increase if these undertakings are not promptly given and/or we do not comply fully with these undertakings, and
7 embody these undertakings in an order of the high court if required by you to do so
Firstly
I was led to believe the items i was supplied with and sold on ebay where authentic items, but since learning now know that they were fake.
A customer had contacted the makers of the original item who had then informed them they had purchased a fake item as each item has a product code.
I dont have any documentation regarding delivery notes/ invoices as these were all shredded upon receipt.
The payments were made via western union and document shredded after payment made.
The only information i could give is the website where they were purchased from.
I sold approximatey 15 items
I dont think i should sign the undertakings as why should i pay £350 for legal expenses.
Some advice would e great
Thanks
Kn95