Ebay - Infringement of Intellectural Property Rights
- Thread Starter Angela0801
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Every case is different. If you've resold an item you had and bought, thinking they were genuine, there is usually very little that can be done and these demand letters are sent in the hope that you'll settle. But it's not always that clear if it gets to court. To begin, if you've sold, e.g. 15 Louis Vitton handbags at 80% off the list price, unless there was good cause for that value it is very likely that you had to know something was wrong with the merchandise and that it probably wasn't real.
I'm looking at the letters - it seems the solicitor is claiming that the recipients are engaged in fraud and committed acts they did not. That's the key. If it were me, I'd probably say something along the lines of giving them no information other than denials and a very short sentence about such great exaggeration and that they have no claim. To get rid of them entirely if this is a "one-off" item and you're not actively engaged in the reselling business of this item then I might say that I am not a manufacturer, do not have anyone manufacturing for me and am not in the distribution business, don't bother wasting your time and mine. My guess is that this might be enough for them to lose interest.
Do note that I am a US attorney and that my knowledge of the English court system is limited. I do know that recovering court costs there is very different than in the US, which might make cases worthwhile if they know they can win and costly if they don't. At this point I believe many of those letters are form, designed for settlements via percentages.
I'm looking at the letters - it seems the solicitor is claiming that the recipients are engaged in fraud and committed acts they did not. That's the key. If it were me, I'd probably say something along the lines of giving them no information other than denials and a very short sentence about such great exaggeration and that they have no claim. To get rid of them entirely if this is a "one-off" item and you're not actively engaged in the reselling business of this item then I might say that I am not a manufacturer, do not have anyone manufacturing for me and am not in the distribution business, don't bother wasting your time and mine. My guess is that this might be enough for them to lose interest.
Do note that I am a US attorney and that my knowledge of the English court system is limited. I do know that recovering court costs there is very different than in the US, which might make cases worthwhile if they know they can win and costly if they don't. At this point I believe many of those letters are form, designed for settlements via percentages.
Hi everyone,
I am in the same boat. i have recently received a letter from Hamlins LLP on behlaf of Paul Smith.
In the letter, it says:
"Paul Smith takes an extremely serious view of your activities and we have instructions to pursue all remedies on their behalf in relation to this matter, including seeking an Injunction, damages/an account of profits, delivery up, costs and their concurrent criminal remedies.
To avoid such course of action, our client requires that you sign and return the enclosed form of undertakings by 10th May 2010 and comply with them thereafter. If you are at all unsure as to the meaning of the undertakings, you should seek independent legal advice.
Please note enquiries relating to this letter cannot be dealt with over the telephone and we request that your response to this letter be made in writing within the deadline herein, quoting the above reference.
If we do not hear from you by then, we have instructions to proceed without further notice, including notifying your activities to the relevant authorities to take the necessary criminal action against you. In the meantime, we continue to reserve our client's rights generally and in this regard nothing contained in this letter nor omitted herefrom is intended to be or may be construed as a waiver or relinquishment of any right, claim or contention whether factual or legal; all such rights, claims and contentions are reserved."
please advise what i should do? many thanks
I am in the same boat. i have recently received a letter from Hamlins LLP on behlaf of Paul Smith.
In the letter, it says:
"Paul Smith takes an extremely serious view of your activities and we have instructions to pursue all remedies on their behalf in relation to this matter, including seeking an Injunction, damages/an account of profits, delivery up, costs and their concurrent criminal remedies.
To avoid such course of action, our client requires that you sign and return the enclosed form of undertakings by 10th May 2010 and comply with them thereafter. If you are at all unsure as to the meaning of the undertakings, you should seek independent legal advice.
Please note enquiries relating to this letter cannot be dealt with over the telephone and we request that your response to this letter be made in writing within the deadline herein, quoting the above reference.
If we do not hear from you by then, we have instructions to proceed without further notice, including notifying your activities to the relevant authorities to take the necessary criminal action against you. In the meantime, we continue to reserve our client's rights generally and in this regard nothing contained in this letter nor omitted herefrom is intended to be or may be construed as a waiver or relinquishment of any right, claim or contention whether factual or legal; all such rights, claims and contentions are reserved."
please advise what i should do? many thanks
Hi
i have had a letter from hamlyns asking me to sign and return but there is no mention of £750 payment in this letter. I have written to say i put the wallet on in good faith etc etc. it was taken off ebay 2 months ago!! the letter came this week. does the demand for money come in the next letter? i have crossed out all the sections about manufacturing and supplying etc and put N/A non applicable. I am of the understanding that the information they have is for the item or items removed from ebay and nothing else. Not sure if anyone agrees with this? therefore if you had listed multiple items and multiple items were removed then it might be more serious than trying to sell one item and that item being removed.
i have had a letter from hamlyns asking me to sign and return but there is no mention of £750 payment in this letter. I have written to say i put the wallet on in good faith etc etc. it was taken off ebay 2 months ago!! the letter came this week. does the demand for money come in the next letter? i have crossed out all the sections about manufacturing and supplying etc and put N/A non applicable. I am of the understanding that the information they have is for the item or items removed from ebay and nothing else. Not sure if anyone agrees with this? therefore if you had listed multiple items and multiple items were removed then it might be more serious than trying to sell one item and that item being removed.
army judge
Super Moderator
Stop the madness, people.
You're worrying about nothing.
This is a classic scam.
They demand money.
They can't legally do anything to you.
They won't sue you.
Why?
That's work.
They have no case.
They send you a latter to scare you into paying.
Easy money, no work.
Scam.
Ignore the letter.
They won't sue.
They never sue.
They haven't sued.
They only scam.
Tear up the letter.
There is no law that requires you to respond to some letter from a lawyer. Heck, I doubt this is even a law firm. But, if it is, so what? Ignore it. Destroy it. It is worthless.
You're worrying about nothing.
This is a classic scam.
They demand money.
They can't legally do anything to you.
They won't sue you.
Why?
That's work.
They have no case.
They send you a latter to scare you into paying.
Easy money, no work.
Scam.
Ignore the letter.
They won't sue.
They never sue.
They haven't sued.
They only scam.
Tear up the letter.
There is no law that requires you to respond to some letter from a lawyer. Heck, I doubt this is even a law firm. But, if it is, so what? Ignore it. Destroy it. It is worthless.
army judge
Super Moderator
There is no outcome, unless you give them your money.
Then you lose.
If you ignore them, they may send a few more demands for your cash.
If you continue to ignore them, they'll slither away looking for weaker prey!!!
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