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(Interlectual Property Rights) Solicitors Letter - Trademark - Ebay

Discussion in 'Copyright, Trademark, Patent Law' started by kn95, Mar 1, 2008.

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  1. kn95

    kn95 Law Topic Starter New Member

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    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
     
    bluemann33 likes this.
  2. sillo

    sillo New Member

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    There is not much you can do. You can explane them your situation and hope to come to some settlement.
    What brand did the solicitors letter come from?
     
  3. kn95

    kn95 Law Topic Starter New Member

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    Hi the comany is Jemella Limited (GHD)

    I popped into a local solicitors who briefly read the letter and told me not to give them any details or sign, and just to explain to them that i had bought them and sold them in good faith (which is correct) and see what comes of it.

    Advice please

    Thanks

    Kn95
     
  4. tomhedley

    tomhedley New Member

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    Jemella letter from solicitors

    Hi kn95

    I have had the same problem as you, received a letter from Jemella's solicitors. I didn't have a clue that they were fake. How are you getting on with sorting it out. What did the solicitors advise you to do. I also bought them in good faith to make a bit of cash to pay off debts.

    Really appreciate a response.

    Thanks

    Tom
     
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  5. kn95

    kn95 Law Topic Starter New Member

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    Hi Tom,

    I spoke to Ghd solicitors (W Morris) i take it yours is the same, we are not the only ones here pal, they are dealing with quite a few.

    If you wanna contact me direct i can give you some info

    Reply with yor email or if you can contact me through this site'

    Kn95
     
  6. biffy

    biffy New Member

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    Hi there I have also received this letter 2 months ago, as with both of you I beleived that my straighners were real. I did get in contact with the company Walker Morris, they also wanted £350 from me but now it has went up to £1000 as i sold 20 sets and they are wanting £70 for each set sold and they also want names and addresses of all buyers so that they can get in touch with me so they would probably all want a refund as well,i did go to my lawyer but he can't help me as he doesnt know trademark law,I phoned the company last week and told them that i am doing nothing and if they want to take me to court they can bring it on as i have no money and don't own my own home so my lawyer did say at the worst they can take a CCJ out on me,the guy then phoned back threatening to get in touch with my local council to evict me from my home!!!!!!!! , i hung the phone up on him at this point as he was just threatenig me with stupidness i have not heard anything since. He did say that they had 800 cases of this going on at the moment and i asked if they were prepared to take 800 people to court and he said they would rather not.
     
    bluemann33 likes this.
  7. biffy

    biffy New Member

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    Please keep in contact to let me know what you are doing about it as maybe we can help each other
     
  8. biffy

    biffy New Member

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    P.S. what is name of the person dealing with you both
     
  9. kn95

    kn95 Law Topic Starter New Member

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    Biffy, thanks for your comments pal, ive just read your other thread
    http://www.thelaw.com/forums/showthread.php?t=18413

    So have you signed the form and sent it back to w.morris and also have you supplied them with the buyers names and address.

    Keep in touch bud, i think this topic is going to read by a lot of people in the same boat as us.

    Kn95
     
  10. biffy

    biffy New Member

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    No i haven't signed anything and don't intend , i told them i would give the details of where i bought them from but not the names and addresses of the buyers as that could then put my safety at risk,Chris Payling the guy that is dealing with it said that was'nt good enough every time i speak to him he just keeps saying that i should pay the money and has'nt mentioned court proceedings, i have been to citizens advice and they are going to look into this if it goes any further as this guy kept phoning my house and he also phoned my lawyer which they said is harrassment.
     
  11. tomhedley

    tomhedley New Member

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    re - Jemella Letter

    Hi guys, thank god i am not alone in this, kn95 if you want to contact me i am willing to do that as it seems we both have the same problem. My e-mail address is [email protected]

    If you do want to give me your number thats fine.

    I was worried at the start but feel much better after finding i am not alone.

    Thanks
     
  12. tomhedley

    tomhedley New Member

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    forgot to mention, we are dealing with Walker Morris too, got pictures of the GHD boxes etc.
     
  13. skylark

    skylark New Member

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    Hi,

    Looks like im in the same boat as you lot, i did the same and bought some ghd's from a supposed "wholesaler", sold them on ebay and then got the letter from walker morris.
    If anyone wants to talk to me about it and my experience then send me a private message.

    good luck everyone
     
  14. biffy

    biffy New Member

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    Hi,

    What action have you took if any?
     
    Last edited: Mar 4, 2008
  15. kn95

    kn95 Law Topic Starter New Member

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    Hi Skylark, Can you let us know exactly where you are with this,

    When did you receive the letter

    Have you signed the form and returned it.

    What Information if any have you provided

    Have you sent a cheque for any payment.

    Dont mention any addresses / names etc so if they do begin to look at this thread we aint given anything away.

    My local solicitor told me not to sign the form as he says they cannot claim for damages as its less than £5000 (He is not in this sort of field though)(Is this correct you legal experts on here).

    I cant seem to understand why each and everyone of us has to pay £350, i personnaly think this is nonsence as who has given them permission to throw this charge upon us.

    Any legal guys on here to give us some clarification around this would be great.

    Thanks

    Kn95
     
    Last edited: Mar 4, 2008
  16. tomhedley

    tomhedley New Member

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    I have just taken the letter and attachments to my solicitor, the person who deals with this sort of thing wasn't in the office and will phone me tomorrow. He will tell my my exact position and what i should do next, the bloke we gave the things to is also a friend so should get a good response.

    Personally though, i think we should just say that we purchased the in good faith, as we did, and saw that other people were doing exactly the same thing. They can't take 800 people to court it would take too much time, money & hassle for a multi-million pound company to do.

    Did anyone else receive loads of pictures of the GHD boxes etc basically saying that we have broken graphic copyright also?

    I just think it is so unfair & at the end of the day, the people making them in China should be fined and possibly taken to court, NOT US!!
     
    Last edited: Mar 4, 2008
  17. tomhedley

    tomhedley New Member

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    Is there anyone here who has kept on ignoring Walker Morris and they have left them alone???
     
  18. biffy

    biffy New Member

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    Hi Tom,
    The letter that I received was really poor quality on cheap paper and there was only one photocopy at the back with a black&white picture of a GHD box and did'nt mention anything about graphic copyright.
     
    Last edited: Mar 4, 2008
  19. kn95

    kn95 Law Topic Starter New Member

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    Hi Tom

    Yes bud i received about 5 pictures of the box, this is the copyright pictures that are on the box, but i beleive they are still only after one thing and thats damages (The profit that was made).

    Keep us posted mate as to what your solicitor reccomends

    Thanks

    Kn95
     
  20. tomhedley

    tomhedley New Member

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    Hi Biffy

    Mine doesn't actually say 'graphic copyright' but that is what they are trying to say as they have put pictures of the box in there, i had 3 pictures of the boxes & yes like you say the paper is poor quality for a solicitors.
     

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