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Jemella threatening legal action?!

Discussion in 'Copyright, Trademark, Patent Law' started by uk1968, Nov 1, 2008.

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  1. uk1968

    uk1968 Law Topic Starter New Member

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    Hi, please help me,
    I realise this has been raised before but I could not find an answer that matched my situation.

    A few months back my older sister asked me to put some hair straighteners she owned on sale on ebay. However, I put the wrong amount and wrong type up. The listings were taken down, i was unsure why so i put it back up. 24 hours later, I recieved a message telling me they had been taken down because of an apparent breach in copyright. i had already relisted in the meantime. after these messages, i didn't relist.
    About 10 weeks later i recieved a letter that from a solicitors stating I had damaged the Jemella brand by selling counterfeit irons, asking for £350 for legal costs plus extra for any straighteners I had sold.
    They are now threatening me with legal action if I do not pay a ridiculous settlement of over £1000. i sent them a letter stating what happened with the reciept for the irons, proving they were real. However, they accused me of lying and said that they intended to take legal action if I did not pay.
    Are they being real, would they really do this or are they just trying to scare me into paying up. i understand they have hundreds, if not thousands of these cases open so are they going to take legal action against everyone? I have been worried for ages about this and need to be put at rest. I did not actually sell and irons and they keep threatening me!
    Thanks for any help.
     
  2. Rings

    Rings New Member

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    Ebay is a place where people sell things.... If all copyright product owners sued people for selling their items on Ebay, then there would be a heck of a lot of cases out there. If you are selling something on a public site that happens to have a brand name on it, then it's no different than selling the same item at a yard sale. I personally wouldn't send them any money at all. I wouldn't even bother trying to explain it to them. I would pretty much tell them to sue me and not worry about it unless they actually went through with it. If they sue you, get a lawyer and then worry about it, but until then all they are doing is trying to get you to pay them with threats. They are just words until you get something telling you to show up in court.
     
  3. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    If you were selling counterfeit goods and this company was talking about a lawsuit, they'd probably sue you for tarnishing their trademark. There are a number of people discussing this matter here - do a search on the "Nike" brand. Many people were duped into purchasing counterfeit jerseys that they were selling on ebay, only to find out later that they were sold fakes. The attorneys prosecuting are extremely vigilant since many aren't duped into selling fakes - they knew full well the jerseys must have been fakes given the price paid and other characteristics of the deal that should have alerted them to a fraud. Read those discussions and I'm sure it will provide a great deal of assistance to you.
     
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  4. uk1968

    uk1968 Law Topic Starter New Member

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    so if i have not actually sold any, have i broken any uk laws? My advertisement contained a disclaimer that stated i was in no way affiliated with the company.
     
  5. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    Your disclaimer doesn't help you in any way. The company believes you are selling illegal goods - knock off copies of their product.
     
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  6. uk1968

    uk1968 Law Topic Starter New Member

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    But if i haven't sold any goods at all and I can prove it, then have I done anything wrong?
     
  7. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    If you haven't sold anything then they have no right to ask for money for the sale of those items. They also want to confiscate the items. If it were me, I wouldn't pay them either as these are allegations and probably hoping you'll crack and pay them just to make it go away. Just my thoughts and they would have to prove their allegations.
     
    uk1968 likes this.

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