(Interlectual Property Rights) Solicitors Letter - Trademark - Ebay

Hi,
I have helped numerous people successfully in copyright cases and have been involved numerous times in litigation before.
I may not be a lawyer or solicitor but I do have enough experience to give advice.
One piece of advice I will give is that, by all of sparkycat's posts and the way they are written including the context I believe you to be affiliated with JMW Solicitors.
And for what it's worth, I did seek legal advice long before this all started from both a barrister and a lawyer.
This site is for information and advice and you take it as it is, the site owners even say so. They also say to take independent legal advice if need be.
Sparkycat wrote:

I am really annoyed that you have felt the need to get involved and make out that you know what you are talking about when you clearly dont!

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Why would it annoy you that I'm offering free advice? Especially if as you claim you are innocent too? It would only annoy you if you are affilliated with JMW somehow.

Oh and for what it's worth, we have confirmation the straightners are genuine. No way should anyone part with money if they are innocent. If they did go to court I would claim costs against them.

GHD Counterfeit's

Hello all just wanted to share my views on this.

Heres the deal

Customer send's GHD straighteners along with your details (username on ebay is enough)
Soliciters take photo's of packaging
GHD contact ebay for your information - This includes any previous sales made (just a list of item references not customer details because of DPA)
Soliciter contact seller with an approximate cost for selling Irons plus their fee's.
Any refunds will be deducted must be able to prove.

regards

Ghd

i am having the exact same problem at the moment, i have too received a letter from JMW solicitors from me listing GHD's on ebay & the listings having being removed, the letter states as i was selling more than 1 pair i had obviosly bought them to sell for a profit & as 1 of the feedback i received from a person who had a problem registering them so i asked the person to return them & i gave them a full refund. i did not know & still to this day if they were counterfiet. now this letter is saying because this feedback was left it identifies the GHD's to be fake, they want to know where i bought them, all my ebay & paypal details of dealings with any of the GHD's and any other details regarding them, they said if i do not supply this information within 7 days along with the letter signed & £350 for legal fees & a settlement figure then i my name will be passed on for proceedings in the future.

i am really worried about this, i do not have £350 to send them in a week, please has anyone give me some advise who have been in this situation.

thanks

Jemella Rip off!

HI,

I would like to know people's outcomes re the JMW letters requesting £350. I too have received a letter yesterday, so I would like to hear about someone else's experience.

Thanks

Davina

for those of you who have received the letters from walker morriss can you please provide me with the piece of UK legislation which you have supposedly breached through the sale of the product?is there one listed in the letter?(apart from the legislation breached if you used an official picture).

Hi, I am from the UK, and today have received the same letter your received in 2008, what was the outcome of your case.
thanks

Hi, I also have recieved this letter and my deadline is this friday (19th Feb), I was waiting for advice from a lecturer at uni but this has fallen through. As a student I cant really afford to pay the £350 and dont really have time to visit a solicitors this week. Not sure what will happen after the deadline passes though. Also in my case they have misspelt my surname walker morris have spelt it Rishardson when it should be Richardson not sure if this makes a difference? Please can someone who has experienced this situation help?
Thanks

The letter isn't worth the paper on which it's written. Part with your money at your own peril and their gain! It is a letter people, not a court order. Anyone can draft a letter. Perhaps, you might turn the letter over to the police or constabulary?

This is a pretty easy scam. Just write a letter and extort $700 from people who fear they might have done something illegal.

Don't let these scammers trick you out of your money people. You folks picked up on the poor quality paper and barely literate letter, yet you all too eagerly send the scammer what he demanded. Why?


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Army Judge, It's not a scam, it's all legitimate. I've just drafted my second letter to them after they provided me with 'evidence' that I requested. The evidence is rubbish, it is based on the picture apparently showing they are fakes, which is simply a line they use as I have inspected pics of the same model on their website and it's identical. Also saying I have been sellingthem too cheaply for them to be real and they assume I know how much the product generally retails for. I'd like to know if anyone else has settled this or what outcome they have reached.

johnnyhind said:

Army Judge, It's not a scam, it's all legitimate. I've just drafted my second letter to them after they provided me with 'evidence' that I requested. The evidence is rubbish, it is based on the picture apparently showing they are fakes, which is simply a line they use as I have inspected pics of the same model on their website and it's identical. Also saying I have been sellingthem too cheaply for them to be real and they assume I know how much the product generally retails for. I'd like to know if anyone else has settled this or what outcome they have reached.

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You say no scam.

I say scam.

Let's call the whole thing off!

You are free to accede to their larcenous demnds.

Send your cashier's check or wire the scammers their tribute today!


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Hi Army Judge, I meant it wasn't a 'scam' in the purest sense of the word. It's a legitimate law firm as I have checked this and their cause I assure you is real. I've told them to provide evidence otherwise to leave me alone pretty much, and until they do I won't respond further. Is the onus on them to provide caste-iron proof of any wrongdoings in a case like this or does it rest on the judge's opinion of what appears to be reasonable proof?

Thanks,

Johnny

johnnyhind said:

Hi Army Judge, I meant it wasn't a 'scam' in the purest sense of the word. It's a legitimate law firm as I have checked this and their cause I assure you is real. I've told them to provide evidence otherwise to leave me alone pretty much, and until they do I won't respond further. Is the onus on them to provide caste-iron proof of any wrongdoings in a case like this or does it rest on the judge's opinion of what appears to be reasonable proof?

Thanks,

Johnny

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If they bring a lawsuit, they must prove what they allege.

You don't have to do a thing, but deny, deny, deny!!!


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Jamella & JMW Solicitors

Hi all i have been having dealings with jmw over the last 8 weeks, they first contacted me regarding selling ghd irons on ebay,

This is how it goes i purchase second hand irons box them up after checking them and sell on ebay.

I then receive an email from Andrew stone Jmw telling me i must give them, £350 costs and make an offer of settlement to ghd,

I refuse this and tell them as far as i know the irons are genuine, and just reboxed and sold on. Jmw then asks me to send them a set of irons which i do. they send them to Jamella who then confirm the irons are genuine, but the box is fake, ???

They then refuse to send back the genuine items untill i make an offer. i then tell them that i will inform the police as to them stealing the irons unless returned.

Jamella then demand access to my Ebay and Paypal accounts my response is kiss my arse, my wife is not even allowed to look into these.

So i'm still in the argument with them but i aint paying a penny, untill my irons are returned, i've told Andrew Stone from Jmw to take it to court 3 time's and still no joy.

They also state that no one can buy and sell second hand ghd irons unless authorised by jamella,

We better look out as maybe Ford and the like's will stop us fixing and selling our old cars.:no:

I've wrote to Ebay and told them i will be reporting them to the information commissioners bureau for giving out my personel details without my consent or a court order,
I'll keep you posted as to where this ends up.

Absolute cretins aren't they! Thinking they can just demand all these things from us. They have as much right to demand access to your eBay and Paypal as I do. I told them that unless they can prove to me that the irons were fake, as I believed them to be genuine then I wouldn't be answering any more of their letters. Not heard from them in about a month now. I doubt they will take the thousands of people they have sent these letters to to court, as most people are innocent anyway and they will have to pay the costs of such frivellous lawsuits. I think they're working on maybe 10% of people getting intimidated and paying up, which is shocking behaviour. If I receive any more letters of accusation without proof, I shall be rpeorting them to the Law Society for harassment. Let's work together and keep each other informed on this.

Johnny

Ghd

They do have me for the boxes, but the irons were genuine, i've just sent a reply today to Andrew Stone so will prob hear next week from them 8 weeks this has been going on.

I'll keep you posted.

Cheers Brian

Barnum was correct.


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Pardon

Sorry Army Judge i must have missed something, Pardon

Hello Johnnyhind, this week i received this letter back from Andrew Stone of jmw,

We refer to the contents of our e-mail dated 1 April 2010 and your e-mail dated 3 April 2010. Our e-mail of 1 April 2010 covered the majority of the issues raised by you in your e-mail of 3 April 2010. We confirm that we have once again take our client's instructions in respect of the same.

Our client does not accept that this matter has been finalised and as stated previously the irons sent in to our client will be returned to you as soon as you have reached an amicable settlement with our client.

We repeat once again that by offering for sale and selling re-conditioned and/or second-hand irons bearing our client's trade marks in boxes which are counterfeit you are deliberately misleading the general public into thinking that they are purchasing brand new pairs of our client's genuine "ghd" hair styling irons. As the boxes are not manufactured by or with the authority of our client this is sufficient for our client to prove trade mark infringement and passing off. As such our client can refer to the same as being pairs of the Counterfeit Irons. You have also accepted that you did in fact use counterfeit boxes to package the irons that you were offering for sale and selling.

Despite not being obliged to provide evidence upon which our client seeks to rely upon at this juncture we attach copies of the listings that were removed by our client from your eBay account using the VeRO programme. You will note that in none of these listings do you refer to the items as being "second-hand". All of the listings state that these are genuine "ghd" hair styling irons and that they are all "brand new". We further note that in some of the listings you also claim them to be "unused". This completely contradicts your statements that you were offering for sale and selling "second-hand" irons. It is also a clear and deliberate misrepresentation to the public to knowingly offer for sale and sell second-hand items as being "brand new".

As such if our client is to accept your account of your dealings in the Counterfeit Irons then it is clear that you have been offering for sale second hand goods as brand new and as such our client could provide this information to Trading Standards who may wish to investigate your activities.

Furthermore, we note that you also listed limited edition pink hair styling irons. You should note that £10 of the sale price of the genuine limited edition ghd pink hair styling irons is donated by our client, Jemella Group Limited, to the Breakthrough Breast Cancer (registered charity No. 1062636) appeal. Jemella Group Limited have supported Breakthrough Breast Cancer since 2004 (Link Removed ). As such the sale of the limited edition "pink" Counterfeit Irons is also a fraud on the charity.

We note that you have suggested that our client has breached the Data Protection Act 1998 in obtaining your information from eBay. Should you be concerned as to how our client obtained your information from eBay then you should contact them directly. We confirm that our client obtained your information from eBay following the removal of your listings using the VeRO programme as you breached the terms of conditions of your eBay account in listing items which our client believed to be counterfeit and in breach of their intellectual property rights and we refer you to the eBay Privacy Policy (published and in particular the heading "Our Disclosure of Your Information".

When signing up to your eBay account and by continuing to use your account you agreed to be bound by the Terms and Conditions of eBay and by the terms of the eBay Privacy Policy. The eBay Privacy Policy specifically states that eBay shares personal information with VeRO programme participants in connection with an investigation of intellectual property infringement. Details of our client's membership of the VeRO programme can be found at (link removed ) You will note that this confirms that eBay provided to our client your personal details following our client's request for removal of your listings using the eBay VeRO programme. As such neither our client nor eBay has breached any provision of the Data Protection Act 1998 as suggested by you.

If our client cannot agree a reasonable settlement with you then it reserves its right to issue civil proceedings under s9(1)(a) of the Community Trade Mark Regulation 207/2009 and iniatiate criminal proceedings and prosecute you under s92 of the Trade Marks Act 1994 which would include reporting your activities to the relevant authorities.

Should we not receive a substantive response to this e-mail by the close of business on 6 May 2010 then we shall presume that you do not wish to settle this matter amicably. Our client will then be advised to add your name to the list of infringers against whom it intends to issue proceedings against in the near future. In accordance with our client's zero tolerance approach when dealing with those who trade in Counterfeit Irons, you should note that our client has already commenced a number of legal proceedings against people dealing in Counterfeit Irons. Further details can be obtained from the Royal Courts of Justice on 0207 947 6000.

We look forward to hearing from you shortly. Should you feel that you wish to make a complaint about the contents of any of our correspondence or our conduct in this matter then you should contact the Solicitors Regulation Authority (link removed) in respect of your grievances.

JOHNNYHIND,,, MY REPLY BACK TO JMW.



I refer to your email which i have received from you Andrew Stone, i address the comment you have made regarding that jamella donate £10 for every ltd edition pink irons sold, under advice regarding this matter, i have no problem with your client and the donation they make as this will have been paid once all ready, when the irons were sold originally, so i find myself not needing to contribute any more to your clients charity, and also take's away the case of fraud as your client would have donated when the item was 1st sold. and as stated by your client, ( We will donate £10 to Breakthrough Breast Cancer (registered charity No. 1062636) for every brand new set of Ltd Edition irons purchased. so being as the ones i sold were indeed second hand i would not need to pay you or your clients charity the £10. as this was upheld by your client,? why you would think you even had a fraud matter is beyond me.

Second i advertised the irons on Ebay with boxes but your only summising i sold from notice boards with boxes, again i ask for your proof of this, i sent you a box you then said the box was fake, hense my holding the boxes here at home. and here they will stay untill this matter is resolved.

As you state that you client ended all the listing's which had they gone ahead and sold then you most certanly would have something to then send on to Trading Standards, but ended they were and sold from notice boards i did as second hand, without boxes,

Your client has access to Ebay and funny enough my Ebay account was hacked and i was then informed by Ebay about this matter, at which point i also had someone hack my Paypal account again well spotted by Paypal and my account was closed with limited access untill i then clarified a few matters, i personally think you or your client were to account for this, proof i have kept with my emails from both Ebay and Paypal, a coincidence i think not. After this happened i have now closed my Paypal account and will shortly be closing my Ebay account too.


You will also make note that i have reported your client and Ebay for the breach of the Data Protection Act 1998, and have supplied all evidence to the approprate authority, regarding this, i have also forwarded your email to Ebay blaming them for this breach so i'm sure you and Jamella can sort that matter with Ebay and Trading Standards themselves.

Note there will be no settlement for any actions i have taken also note that i have today reported yourself to Solicitors Regulation Authority about the constant emails ( 11 IN TOTAL ) you have sent demanding money and settlement, who have now asked me to send all my proof to the Lcs, who will in turn invetigate the matter further, even though on several occasions i have stated if you wish to take me to court then so be it.

Also make note Andrew that you and your client are embarking on nothing short of blackmail by saying give us money or we keep your GENUINE Ghd irons, would you not agree. And i state now that no Ghd irons were sold with boxes and i have the boxes here, also note that all irons were then sold on notice boards as second hand. due to your client saying the boxes were fake.

My suggestion to you and your client is this 1st return my irons as i have stated in previous email that i cant afford to have money tied up in something this long, so by keeping hold of this set you think your causing me financial hardship, this in turn would be conceived as a method of bullying to get what you want, PAY US MONEY.

Really looking forward to the next email of Bullying Blackmailing Harrasment from yourself,
Brian Field

gixxerboss said:

JOHNNYHIND,,, MY REPLY BACK TO JMW.



I refer to your email which i have received from you Andrew Stone, i address the comment you have made regarding that jamella donate £10 for every ltd edition pink irons sold, under advice regarding this matter, i have no problem with your client and the donation they make as this will have been paid once all ready, when the irons were sold originally, so i find myself not needing to contribute any more to your clients charity, and also take's away the case of fraud as your client would have donated when the item was 1st sold. and as stated by your client, ( We will donate £10 to Breakthrough Breast Cancer (registered charity No. 1062636) for every brand new set of Ltd Edition irons purchased. so being as the ones i sold were indeed second hand i would not need to pay you or your clients charity the £10. as this was upheld by your client,? why you would think you even had a fraud matter is beyond me.

Second i advertised the irons on Ebay with boxes but your only summising i sold from notice boards with boxes, again i ask for your proof of this, i sent you a box you then said the box was fake, hense my holding the boxes here at home. and here they will stay untill this matter is resolved.

As you state that you client ended all the listing's which had they gone ahead and sold then you most certanly would have something to then send on to Trading Standards, but ended they were and sold from notice boards i did as second hand, without boxes,

Your client has access to Ebay and funny enough my Ebay account was hacked and i was then informed by Ebay about this matter, at which point i also had someone hack my Paypal account again well spotted by Paypal and my account was closed with limited access untill i then clarified a few matters, i personally think you or your client were to account for this, proof i have kept with my emails from both Ebay and Paypal, a coincidence i think not. After this happened i have now closed my Paypal account and will shortly be closing my Ebay account too.


You will also make note that i have reported your client and Ebay for the breach of the Data Protection Act 1998, and have supplied all evidence to the approprate authority, regarding this, i have also forwarded your email to Ebay blaming them for this breach so i'm sure you and Jamella can sort that matter with Ebay and Trading Standards themselves.

Note there will be no settlement for any actions i have taken also note that i have today reported yourself to Solicitors Regulation Authority about the constant emails ( 11 IN TOTAL ) you have sent demanding money and settlement, who have now asked me to send all my proof to the Lcs, who will in turn invetigate the matter further, even though on several occasions i have stated if you wish to take me to court then so be it.

Also make note Andrew that you and your client are embarking on nothing short of blackmail by saying give us money or we keep your GENUINE Ghd irons, would you not agree. And i state now that no Ghd irons were sold with boxes and i have the boxes here, also note that all irons were then sold on notice boards as second hand. due to your client saying the boxes were fake.

My suggestion to you and your client is this 1st return my irons as i have stated in previous email that i cant afford to have money tied up in something this long, so by keeping hold of this set you think your causing me financial hardship, this in turn would be conceived as a method of bullying to get what you want, PAY US MONEY.

Really looking forward to the next email of Bullying Blackmailing Harrasment from yourself,
Brian Field

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I'm glad you recognized the charlatan for the crook and con-artist he is.

I'm a lawyer.

If I plan to sue someone on behalf of my client, I don't exchange endless emails and letters threatening to sue them.

I simply sue them.

Good on you for standing up to this wanna be bully and crook.