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Trademark Infringement

Discussion in 'Copyright, Trademark, Patent Law' started by biffy, Feb 22, 2008.

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  1. biffy

    biffy Law Topic Starter New Member

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    Hi there was wondering if anyone can help me please.3 months ago I bought 20 sets of famous Good Hair Day hair straightners which I believed to be the real ones as I asked the seller and she told me that they were real,i then went on to sell them on ebay,now i have been sent a letter from a solicitor saying that they were fake and they want to take me to court for trademark infringement if i dont pay the company £1000 and supply the names of all the people that bought the goods from me and send them any straightners that i have in my possesion, i do not have any money that i can give this company and i dont have any of the straightners left what should i do????????? Any advive would be very much appreciated
     
  2. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    For the most part these companies will not take people to court who don't have deep enough pockets to make it worth their while. I don't know how far along the path you are but ignoring the letter and laying low may work. I also don't know what is on the letter and what specifically any repercussions are for doing so. At some point if you have a discussion you can discuss with them an honest mistake and that you were defrauded. If they persist and play hardball, don't be afraid. That's what they do - usually a lot of intimidation tactics. I'd say as little as possible and, if you need to, mention you are absolutely not in the business, you were defrauded but if you're going to help them catch the people they really should be concerned with then you need a release agreement from them not to sue you. It doesn't hurt to mention that "you can't get blood from a stone" - getting a default judgment against you won't help them recover any money. I doubt it will ever get that far. These things are small items and attorneys usually send these letters to make sure that the amount of contraband is at a minimum and to maintain rights to sue the people actually created the goods.
     
  3. biffy

    biffy Law Topic Starter New Member

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    Hi thanks for helping me with my question i feel i can relax a bit now, I did actually get in touch with the company a few weeks ago to tell them that I had stopped selling and that I could not make the payment,i am still waiting to hear back from so I will just have to sit tight to see what there next step is if there is one.Thanks again.
     
  4. biffy

    biffy Law Topic Starter New Member

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    Have just had the company on the phone they are still making demands for money and said that i have until tomorrow to give them a decision on what i am going to do, i have been to a lawyer but he says that he cannot help me as he is not trained in this field, they did not mention court do you think that they are maybe just bullying me as i asked them why they were coming down so hard on me when there is factorys abroad obviously selling thousands of sets of these goods .
     
  5. les1967

    les1967 New Member

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    Jemella GHD

    Hi, I have too received a letter via Jemella regarding GHD. Demanding £350 plus compensation together with names and addresses of supplier and who sold too.
    What should I do, what was the outcome of yours.

    thanks
     
  6. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    In my opinion, I would probably tell the company that I had no money to pay, would not be paying them for something where there is no proof of wrongdoing, and certainly not when I would be just as much as a victim. I would tell them that if they wanted my help, it would require a full release of all liability. The exchange of information for the release would be the deal and hope that works.



    Sent from my Droid using Tapatalk
     
  7. johnnyhind

    johnnyhind New Member

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    Hi, I'm in the same situation. I acquired a small number of these items and have had the same standard letter demanding £350 as everyone else seems to. I have sent them a letter and emailed a copy, requesting any evidence that these items were counterfeit as I bought them believing them to be genuine and I find it hard to accept that they assume guilt without presenting me with any factual evidence. It seems that from reading past forums, a lot of people settled and paid up, but I would like to hear if anyone has succeeded in offering to cease and desist along with details of where they purchased them in exchange for a release of liability. I sent my letter to them by their deadline and I am waiting to hear their answer. Would they really take it to court over a matter of just a few hundred pounds? Also, is it true that Paypal records are protected by European law and that they can not without your permission, take details from your account in an attempt to use against you?
     
  8. army judge

    army judge Super Moderator

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    Did you read the prior advice?
    Reading the prior advice describes what you should do.
    Bottom line, ignore these bottom feeders.
    A letter from a lawyer isn't a courtvorder.


    Sent from my iPhone using Tapatalk
     
  9. johnnyhind

    johnnyhind New Member

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    I received a reply through that is a stock reply to an extent as an associate of mine has received the same response. They have provided a screenshot of the listing as evidence even though I admitted I was selling the product, but what was disputed was it's authenticity. They also say that they can tell by the picture that it's counterfeit, which is false because they said the sdame thing to my associate and his picture was of a proven genuine pair of his own. They also say that the price I was offering them was proof that they were counterfeit as they wouldn't sell at such a price. I merely looked at the prices of others on eBay and used that as a guide. They are not as aggressive in tone in this letter, but still want the same outcome. Please note that this is in the UK and the laws of the land may differ to those of the Any help anyone?
     
  10. johnnyhind

    johnnyhind New Member

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    Les, Email me on my user name at yahoodotcodotuk mate and we'll compare experiences.
     

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