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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. scoobyride

    scoobyride New Member

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    hi there guys, yep u guessed it. im another one in the same situation.
    not sure what to do. letter says reply before 11th march or expenses will escalate. will keeo a look at this forum everyday.

    hope you can be of help

    cheers mark
     
  2. scoobyride

    scoobyride New Member

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    hi, i'm just trying to find out how exactly did they get our names and addresses? has anyone or everyone in here had a listing removed off ebay with the vero protection thingy that jemella have started? because i think then they have a right to obtain the contact details from ebay.

    or have they just got our details from a buyer?

    cheers guys
     
  3. biffy

    biffy New Member

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    Hi they gave me until the 14th feb,i got my letter end of January,as soon as you get in touch with them the price goes up, aswell as the 350 they also want money for each set that you sold.They told me on the phone that they get their detail's from ebay,but they cannot access paypal as it is protected from european law.

    p.s. did ebay get in touch with any of you guy's to change your passwords for your account as someone had hacked in to mine just before all this happened,just wondering if this was just a coincidence.
     
    Last edited: Mar 5, 2008
  4. scoobyride

    scoobyride New Member

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    not that i know of mate
     
  5. scoobyride

    scoobyride New Member

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    so how much information can these guys get then? are they actually in co-operation with an ebay official, and are they entitled to our contact details and people we bought them off and people we sold them too?
     
  6. biffy

    biffy New Member

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    Yes i had a listing removed from ebay with the vero protection, but i know someone that was selling at the exact same time as me and they did'nt get removed and have'nt received a letter,the only information that they had on me was through ebay,it's as if we were lambs to the slaughter,let us sell for a wee while, then get us
     
    Last edited: Mar 5, 2008
  7. kn95

    kn95 Law Topic Starter New Member

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    Hi Scoobyride, welcome bud

    Im not sure about how much info they can get there hands on, i personnaly think ebay provided our names and address, if it wasnt them it was a customer, but i put my bet on it being ebay.

    I dont think they will be able to see paypal info as they would have to get permission from the court to make paypal show the info which i dont think is going to happen,

    The way i see it, pay them the compensation they are after and they will leave you be.

    Kn95
     
  8. scoobyride

    scoobyride New Member

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    well so far i'v seen two solicitors and one says they will act for me at a cost. i want to keep the charges to a minimal so am thinking of ringin up the company and sorting it myself. i suppose if you send them a letter then there legal expenses will go up if they reply with a letter.



    has any1 signed the undertakings letter and returned it and paid the 350 legal costs?

    my solicitor told me not to do this, but just keep in contact with them



    cheers
     
  9. tomhedley

    tomhedley New Member

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    I've just been on paypal and printed all the invoices off, also i saved all the proof of postage slips so that may help with regards to getting my profit down.

    What i think i am going to do is send copies of all my receipts and invoices to Walker Morris and find out how big the fine is going to be. If it more that £750 then there is no way i will pay it. I have spoken to a bloke who is kind of a solicitor not a proper one though, he told me that they have got me, that i should co-operate fully. I am not sure though. Has anyone seen a proper solicitor as i am not sure where we stand.

    Will they take us to court? are we in the shit?

    i don't have a clue!!
     
  10. kn95

    kn95 Law Topic Starter New Member

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    "I've just been on paypal and printed all the invoices off.
    What i think i am going to do is send copies of all my receipts and invoices to Walker Morris"

    Hi Tom

    This is exactly what they want so they can work out the damages.

    Kn95
     
  11. biffy

    biffy New Member

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    Hi guy's

    Remember though they also want all your buyers info so that you can refund them aswell so you would be looking at well over £750 if you send them your receipts
     
  12. kn95

    kn95 Law Topic Starter New Member

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    Biffy

    Youre right bud, thats exactly why they want the buyers address's, they will contact them and you will end up giving a refund to them all.
     
  13. skylark

    skylark New Member

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    hi,

    The way i read the letter it seems to me as they only want your buyers details for those that have bought more than 10 from you.
     
  14. kn95

    kn95 Law Topic Starter New Member

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    Skylark i think your right bud, thats how i read he letter also

    Kn95
     
  15. biffy

    biffy New Member

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    Hi

    They told me on the phone that they want all the buyers details so that they can recall the straightners and then get the people a refund
     
    Last edited: Mar 7, 2008
  16. kn95

    kn95 Law Topic Starter New Member

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    Biffy

    The letter says you only have to give w.morris details of the buyers if you sold them more than 10, but we didnt we only sold them 1 each.

    Thats how i read it anyway

    Unless they have told you something different

    Kn95
     
  17. biffy

    biffy New Member

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    Yeah my letter said that aswell but when my solicitor spoke to them on the phone they said that they want all names and addresses, that is the reason i am waiting on there next action as my solicitor advised me against this, have you spoke to anyone at w.morris again, if you are thinking of paying them they might offer for you to pay by instalments as they offered me this
     
  18. kn95

    kn95 Law Topic Starter New Member

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    Biffy

    They have said you can pay by instalments maybe 3.
    I suppose if you offered them £100 a month i think they would accept as long as they knew they were getting the money.

    My situation so far.
    I have not returned anything to w.morris
    Letter should have been returned to them by 4th March thats the 7 day, but have until 13 March.
    I spoke to them on the phone and to be honest seemed a decent bloke just doing his job, gave me a bit insight of what they are after and told me what sort of compensation they are looking for.

    Im sending letter off on Sunday when i eventually
    get round to doing it.

    It must be costing you a fair bit for the solicitor ???

    Kn95
     
  19. scoobyride

    scoobyride New Member

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    i have a solicitor acting on our behalf now. its costing 250+vat to complete negotiations with w.morris. im thinkin maybe it was a wrong move but i hope they can knock the price down if they talk a bit more professionally lol i thought about ringing em up but chickened out i guess.

    kn95,

    did they give you any figures for compensation, and was it based on per item sold?

    cheers
     
    bluemann33 likes this.
  20. kn95

    kn95 Law Topic Starter New Member

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    Hi
    Yes its based on the profit of total items sold plus the £350

    Kn95
     

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