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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. billyb69

    billyb69 New Member

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    GHD - Rip Off

    Hi All

    Having read all of te threads on here I have the following to add.

    I too listed 1 pair of GHD's on eBay. They were removed and I contacted Jemella via email like eBay said.

    They sent a reply stating they thought they were counterfeit and I needed to open the seal and give them the serial number. They were NEW and SEALED and I didn't really want to open them so left it.
    The email from Jemella read that if i tried to relist this item on eBay then I could be suspended and legal action could be taken..

    I did the responsible thing and left it. No relisting at all.

    2 Months later I get the identical letter from WM demanding £350 to cover legal costs. Now don't get me wrong, I am the first to admit a fault but £350 !! for a letter that obviously is identical but with a different name and address for all 1200 people that WM say they have outstanding????? Where do I sign.. I will quite happily send this letter out for yoy GHD for a mear £250 !!!

    Now I have not sold any on ebay nor anywhere else and still have the irons that i purchased. I have said to WM that I am happy to send the iron in for them to dispose of (although my solicitor said that they had no right to ask for them as if it is infact a copy then it is not illegal to buy a copy just to sell it)

    So how can I be expected to pay out a rediculous amout for a simple letter.

    My solictior also advised me that I should sign the Undertakings letter but cross through what I did not agree on.

    Also they said that they could not request the £350 before going to court to get them as these are Pre Issue Costs

    His advise is to send the Undertakings back with the sections crossed through that I did not agree too.

    Has anyone else had similar advice??

    I will not be paying £350 for listing 1 item on ebay ONCE. I contact eBay and they really don't give a monkeys. Not interested 1 little bit.
    In fact it would suprise me if they allow this item to be listed and are on some sort of commission !!!

    VERY disgruntled eBayer
     
  2. billyb69

    billyb69 New Member

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    Me again,

    They have you by the balls with the breach of itellectual property rights thing.

    Spoke to WM and my advice to would be to come to an agreement with them and pay up.

    He gave me some good advice and is again only doing his job. Go GHD, you are making a fortune and not even selling a thing !!!!!
     
  3. Fortuna

    Fortuna New Member

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    You are admitting guilt by signing their undertakings and by paying.
    Apart from your picture on ebay what proof do they have? They would have to have total proof if it went to court.
    I would hold of payment. Especially if you are innocent.
     
  4. abzz

    abzz New Member

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    hi, on 17th of july i recieved a 1 bell to my mobile, so i called the number back, and the person was asking is this Mr ..., and i said yes, and he said that am i selling counterfeit hair straighteners and also other womens accessories. and then he said that he wants to arrange an interview at my house, and that he already has all the details of my address on their system. i was very terrified by this phone call. and dont know how they got my number and address
     
  5. byteme

    byteme New Member

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    Letter from jmw

    Hi,
    I have today received a letter saying I have been selling fake ghd straighteners, and I am also infringing copyright by using one or more of their logo's/photos.

    I listed a genuine pair of ghd straighteners that I bought from the official ghd site, about 3 months ago. I used a photo that I found online, totally unaware that it was copyright, and got a message from ebay saying item had been removed for breaching copyright conditions and my listing had been removed, I then tried twice more using photos I found on other users listings, thinking that surely if they had used them and were ok I would be too.
    But no, they were also removed. So I gave up in the end as my cash crisis had sorted itself and it was more hassle than it was worth!

    So I dont understand how they can be asking me for £200, for a)genuine ghd's not fakes, and b) I didnt even sell them at all, and still have them and am using them to this day!!

    I notice other people have been asked for £300-350, strange the amount I have been asked for is only £200, not that I am complaining if I do end up having to pay.

    My partner was furious earlier and called the number given on the letter and we were told we would get a call on monday.

    Wondering if they have got it wrong as they think I am selling loads of ghd' as I listed a few times?

    Help!!!??:confused:

    Thanks!
     
  6. byteme

    byteme New Member

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    I have now resolved the situation by sending the code on the hologram of my ghd's and the e mail receipt as proof of purchase. They have closed the case and I dont have to pay anything which is a big relief!! Good luck to everyone else!!
     
  7. Sparkycat

    Sparkycat New Member

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    Hi everyone! i have a friend who received the same letter so we are doing some research to find out where we stand and what to do (any suggestions would be great!)

    we were told that the letter is based on our "offer to sell" the fakes not actually selling them so it doesnt matter that we didnt actually sell it in the end! and all the evidence they need is what we put on our eBay listing...eg photo, price etc...

    Im quite shocked at some people's lack of conscious here though- knowing that you've sold someone a fake electrical product that could blow up or, even worse, giving them to your family and friends!!!!

    our view is that we have been stupid- we knew something wasnt right when we bought the ghds for about £50 when they are in the shops for over £100 and we should just accept the consequences! according to the lawyers aswel, it doesnt matter if you bought the ghd's in good faith as the law says you are still guilty (which i suppose would make sense coz everyone who was selling fake anythings could just say-oh i though it was real and get away with it!!)

    i cant see how ignoring the lawyers is good advice, surely your only going to make it worse! when we spoke to the lawyers they were actually alrite- despite the letter being a bit intimidating!

    Oh, by the way...for all you people thinking about calling their bluff...i would think long and hard! i got a lawyer friend to check if they do actually sue people and she said there is a case at the moment where they have taken some guys house coz he refused to pay and insisted he have his day in court and apparantly there are some in the pipeline!
     
  8. OZONE

    OZONE New Member

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    Hello everyone,
    I have received the same letter accusing me of selling counterfeit goods, asking to "admit" how many I have sold etc. The problem is my irons are totally legitimate, I registered them as soon as I bought them and to cut the story short, I told them all this, but the girl (who sounds about 18) in the law firm wouldn't even listen to what I have to say, it was so bad that I have recorded our the conversation and told her that I want a written apology and the proof that the case is closed but she said no, you will not get it because it will incur additional costs for us from our client!!! I will now come down on these people like a tonne of bricks, just wondering if anybody with legal background could list me some of the grounds I can sue these people on. I spoke to my lawyer and I will see him tomorrow. I am so angry...
     
  9. borovetz

    borovetz New Member

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    Hello-

    I am in a very similar situation as you and many others BUT mine is with Farouk Chi flat irons. I received a very similar letter from them and they are demanding $25,000 USD! I just received this letter on 8/16 and they want all of their demands met by end of day 8/19.

    I have done nothing so far. As I keep reading similar accounts, I am not sure if its best to not respond to them at all or what to do.

    Suggestions??
     
  10. juneid2k

    juneid2k New Member

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    HONEST GHD SELLER getting bullied

    Hi All

    Please help me

    I sold 2-3 Genuine Sealed GHD's on ebay 3 months ago. MY GHD's cost me around 60 each and I was able to register them in the GHD website. THe came with all the packagining and passed all the "how to spot a fake GHD" tests that many websites offer. I am confiedent they are not fake because the seller works with me in a big company and would sell dodgy items and put his career in the line.
    To date I have had no complains from the 3 buyers.

    However late July i got a letter from JMW solicitors, who sent me the same old letter thay have sent to 1200 others and are asking for 200 pound compensation. When I called and spoek to the solicitor, she without any reasoning claimed they were fake counterfeits. I explained that there not and also pointed to her all the points i mentioned above, but she still refused to accept there not counterfeit. She said I have to pay 200 plus, 100 for the two GHD's i sold. I asked for time to seek advice and hung up.

    I called after two week and told her that my legal advicer told me that they are being unfair as my items were not fake and if they want to take me to court they can do so, but I will not pay any money. I even pointed out that to prove to them, I will give them one of the GHD's to which they agreed. I sent the item via special delivery and upon recieving the item, they called within hours claiming its looking suspicious.. but want me to send the Mirror and puch to confirm this. I asked isnt it the GHD that shouldlet you verify its authentic or not without the need of mirror etc.. but they claim they need all this. When I called GHD on the other hand, they said they only need the GHD itself and extra parts are not neccasary. I am coming to the conclusion that the GHD i sold are definitely Original as if they were fake they would of certainly threatend to take action by now. I keep thiking that these solicitors are trying to bully me and take money out of me.

    I really could do with someones advice on this matter.

    I onlly got a few (3) of them to sell in good faith and make abit of money to make ends meet and now they are asking me to pay them 300 pound. Also the solicitors now have one of my GHD, although I havent asked for it back yet.. when I do.. does anyone know if they can refuse to sent it back to me?

    please help .. any advice appreciated:(:(:mad::dunno:
     
  11. OZONE

    OZONE New Member

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    Hello,
    this is getting more bizzare by the minute!My solicitor wrote to these people and they wrote back blatantly lying, saying that they only acted upon request by Jemella whoever, and that they contacted me afterwards and informed me that the case is closed! This is quire shocking really, is this what the law is all about in UK???They can harrass people, lie and not even apologize??? I am seeing my solicitor on Monday, this is not the end...
     
  12. victoria123

    victoria123 New Member

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    Hi
    I have read the various posts re JMW solicitors and the listing of the GHDs on ebay. I myself have received a letter from JMW asking for £200 to settle the matter with Jemella. They also advise I seek independent legal advice as to the contents of the letter.

    My scenario is slightly different to yours and I would like advice if possible from anyone who can help, before I contact the solicitiors.

    Around feb of this year my partner spotted a pair of the new pink GHDs on ebid. As my gHDs had broken we decided to purchase the pink ones from ebid - it was the first time either of us had used the site and we set an account up with my details. To be honest I did not know whether they were genuine or not when we purchased them - I am not sure how you can. We paid around £60 for them in the hope all would be ok.

    They came and looked absolutely genuine - I comared them against my others which were also the new MK4 and the box, CD, booklets etc looked as normal. They also worked just like my others but then suddenly stopped working about 4 months later. I decided to sell them on ebay - I sold my other broken ones and had no problem. I stated they were broken, put on a photo and gave all the relevant details. Then they got removed and I got the automated email from ebay but I decided to re-list them - mainly because as far as I was concerned they were genuine (in hindsight, stupid to relist I know). They had the hologram, serial no. etc which I then stated on the relisting. I sold them for about £30 maybe a bit less - the sale was possibly the day I relisted them. That was it!

    Now I have the letter. I am worried as they are asking for £200, implying I am trading counterfeit ghds (they can aparently be classed as counterfeit if Jemella are unaware you are 'supplying' them?).

    I will write back to JMW with the truth - my details are limited though as it was a while back.

    Does anyone have any suggestions - I am concerned as I sold them and didn't end up giving them away like the other post said.

    This was a genuine mistake and am hacked of as I have neither the time nor the money to pursue.

    Grrrrrrrrrr!!!!!!!!!!!
     
  13. bluebear

    bluebear New Member

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    I too have recieved one of these letters. I bought a pair of pink straighteners from the internet from a website for $130, thought that was a good deal as it was in dollars and the dollar was obviously good at that time. When they came they looked to me to be genuine, (i didnt even know you could get fake ghd's for goodness sake!!), they were the thin ones so didnt work well in my thick hair, so decided to try and get my money back and listed them on ebay, after getting them taken off for copyright, I thought because I had copied pics etc so I took my own pics and then sold them, now I get this letter, wanting £200! What can I do about this? I honestly did not know fakes existed and have not supplied anything like the letter is making out!!

    Can anyone offer me advice?

    Cheers
     
  14. victoria123

    victoria123 New Member

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    Hi
    I have received a second letter from the solicitors stating that as I chose to re-list them and ignored the warning from ebay, their position remains the same: I have to pay £200 otherwise further legal action will be taken. Really don't know what to do. ANy advice greatfully received.

    Thanks
     
  15. happybubbles08

    happybubbles08 New Member

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    Jemella Ripoffs

    Hi, I have recieved this letter too, and I am simply going to tell them to do one,
    has any actualy settled this case with JMW without payin anything?
     
  16. OZONE

    OZONE New Member

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    I am about to send a formal complaint to The Legal Society about the professional misconduct of this firm, so if anybody here has a GENUINE case, i.e. has tried to sell an authentic product and has received the letter demanding £200 upfront etc. I would advise you to do the same, write to them and report this serious misconduct. They have the power to investigate them and possibly award you the damages.
     
  17. Sparkycat

    Sparkycat New Member

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    who are you complaining to? there is no legal society!
     
  18. Sparkycat

    Sparkycat New Member

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    Fortuna,

    I would like to ask why you are giving people legal advice when you are not a lawyer?

    I read your post and took your advice but all you succeeded in doing was draging out my dealings with ghd’s lawyers and i had to get my dad to speak to his friend who is a lawyer to give me some helpful advice.

    The lawyer who helped me said that you dont know what you are talking about and if people follow your advice and suffer because of it you are negligent and can be sued! You specifically tell people not to give ghd money if we bought legitimate irons- but how is that helpful when ghd are saying the ghd’s are fake? Are you saying that we would know better than the company that actually makes them!?

    He read the letter i received and said that lawers are allowed to ask for costs without a judge having to award them- they are pre-action costs so why are you saying that they are not allowed????? Also, the Data Protection Act has a section that says you can disclose data if the owner consents and we consented when we signed up to eBay! So again you are talking nonsense!

    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!

    I suggest that anybody else in my position should speak to somebody who is actually qualified to give legal advice- then you can find out where you really stand and resolve the case with ghd with a lot less hassle and grief than i had following fortuna’s advice!
     
  19. Sparkycat

    Sparkycat New Member

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    unhelpful advice!

    Fortuna,

    I would like to query why you are giving people legal advice when you are not a lawyer?

    I read your post and took your advice but all you succeeded in doing was draging out my dealings with ghd’s lawyers and i had to get my dad to speak to his friend who is a lawyer to give me some helpful advice.

    The lawyer who helped me said that you dont know what you are talking about and if people follow your advice and suffer because of it you are negligent and can be sued! You specifically tell people not to give ghd money if we bought legitimate irons- but how is that helpful when ghd are saying the ghd’s are fake? Are you saying that we would know better than the company that actually makes them!?

    He read the letter i received and said that lawers are allowed to ask for costs without a judge having to award them- they are pre-action costs so why are you saying that they are not allowed????? Also, the Data Protection Act has a section that says you can disclose data if the owner consents and we consented when we signed up to eBay! So again you are talking nonsense!

    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!

    I suggest that anybody else in my position should speak to somebody who is actually qualified to give legal advice- then you can find out where you really stand and resolve the case with ghd with a lot less hassle and grief than i had following fortuna’s advice!
     
  20. OZONE

    OZONE New Member

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