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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. johnnyhind

    johnnyhind New Member

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    It seems that they are clutching at straws with regards to mentioning the charity donation and then throwing the word 'fraud' in there. Utterly ridiculous. Keep us updated with your complaint to the LCS as there is surely some form of harassment involved here. I'd consider seeking legal advice as to whether or not you could sue them for emotional turmoil that these ELEVEN emails have brought you.

    I am still awaiting a reply from them as I said that unless they could prove that the irons I sold were counterfeit, which I doubt they were, then I wouldn't even speak with them further.

    This whole debacle is doing nothing but giving GHD a bad name, and I certainly will never purchase their items again or recommend them to anyone.

    Keep us updated with your situation friend, and I in turn will do the same.

    Regards
     
  2. forummember

    forummember New Member

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    What happened in the end?
     
  3. marineuk1

    marineuk1 New Member

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    Hi all,

    I can see there hasn't been any replies for quite some time but wondering if anyone can help with my situation as I can not really afford solicitors etc.

    I will keep it as simple as possible.

    *I find a place in Manchester selling cheap GHD's & also a wholesale website online (China) selling GHD's at a good price.
    *Not knowing they were counterfit at the time I open a website to make some profit off these 'Wholesale' GHD's (Keep in mind I didn't buy any until someone wanted a pair, nor did I have any on ebay)
    *My website contained GHD pictures and the price which I sold them at (Keep in mind only when someone purchased GHD's through my website at the time would I then go about getting the GHD's from Manchester or this China website)

    !!SO I ACTUALLY NEVER STOCKED THEM!!

    *Not long after my website being open I get a sale of x1 GHD for x amount (I then order x1 GHD from this China wholesale website with no indication to them being counterfit) *THIS IS THE FIRST TIME & FIRST SALE*

    *Item takes around 2 weeks with it being from China and comes packaged with delivery note saying *GIFT* which I thought was a little wired. Open the package and the x1 GHD's is boxed with a barcode and everything else to make them look 100% genuine.

    *The person being UNDER TRADING STANDARDS comes to my house to collect x1 GHD

    *Couple of week later my house gets raided, they find no GHD's (Which is what they come for) but take my computer as evidence. At this time it was my wife and baby in the house, I was studying at college. I then get told the news and the police advise me to make my way to the police station, so me thinking "What's going on?" I go down off my own back to try resolve this matter. I then get locked up for stupid amounts of hours and interview then put on bail. At this point I have found out the x1 GHD's I sold were to Trading Standards and that they were not real. I give trading standards recorded statements and comply fully, giving them details of the website, were I could also get them from in Manchester and how I didn't know they were fake. I told them how they sold them in Manchester i.e wholesale prices if we bought so many and also how much they were online and basically said i'm really sorry and was only doing it for extra money as we were to be married soon.

    *I get a caution after coming back for my bail date and thought that this was it as they never recovered any GHD's from my house as I didn't have any and I only sold x1 pair to them thinking they were real like many other people did.

    *I get married and get on with my life, forgetting about my laptop and other items they seized from my house on the day of the raid until 1 month ago I GET A LETTER.

    *The letter is like the ones mentioned in previous posts although from a company called Clarke Willmott The solicitor named Andrew Stone. They demand £350 plus damages which is basically the money I made from the x1 GHD with a contract type letter in which I need to sign and send back. (I DID NOT SIGN)

    So I ring this Andrew Stone straight away and go through the letter and tell him I will pay towards the x1 GHD I sold but not to cover costs as I got locked up etc. I give him my contact number and he advised me once he had spoken to Jamella Group Limited he would be in touch with me.

    * 2 Weeks later, no contact so I do the right thing and ring him although it was out of hours I still leave a messaging asking him to contact me. He does just that the following day saying they have not accepted my offer and don't believe I have only sold one pair because I said in my statement something along the lines of "We usually bought them from Manchester". My reply was "Yes I did say that because that was basically our first port of call" basically because it was going to be quicker than ordering from the China website. Andrew says to me "This suggests you bought more than one pair". So I just basically said im not arguing with you, i've offered to pay for the one pair of GHD's and only sold one pair which was to trading standards, via the website I opened. So he said something along the lines of I doubt they will accept that but will be in touch with Jamella Group and then back in touch with me.

    I'm sick of all this now and its like it's all been dug back up!! What can I do if they don't accept again? How do I get my Laptop etc back which have been signed over to Jemella Group from Trading Standard? and I have written proof from Trading Standards of this sign over.

    Anyone ever settled without paying?
    Has anyone's case ever been taken to Court?

    Cheers
     
  4. brian1234

    brian1234 New Member

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    This case is really bad situation for you.I think you have to contact the eBay authorities directly for this problems.Then will help you for the illegal access of your account by the some other people.But this type of incident is rarely found in eBay because eBay provides very high security to both customers and suppliers.
     

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