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UK-Justice
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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A competitor of mine has copy much of the text from my website

Customer Question

A competitor of mine has copy much of the text from my website to use on theirs. I have sent them a cease and desist letter but as yet nothing has been changed. I have given them a deadline of 01/03/2013 to remove the copied text and send me written confirmation that they have a. done this and b. agree not to do it again.

If they do not change it then can I start a claim in the county court for an injunction stopping them and claim back my costs. I appreciate that I probably can't claim compensation as I probably haven't lost any money.
Submitted: 3 years ago.
Category: Law
Expert:  UK-Justice replied 3 years ago.
Thanks for your question, I will do whatever I can to help you. Please remember to rate my answer SMILEY FACE OR ABOVE.

Have you got a copy of the website as evidence?

Customer: replied 3 years ago.

Yes I have taken screen shots of each page. Some of the text is exactly the same and some has been slightly modified but obvious it is mine.

Expert:  UK-Justice replied 3 years ago.
Great,

You need to complete form n1 at the county court and pay a fee of £175

The claim will then be issued.

As you say you can seek an injunction making them remove it.

You also need to complete form n16 - an applcation for injunction,

Any legal fees you pay if you win you would get back.

But complete those two forms as it may be that matters are resolved once proceedngs and issued.

I hope this helps you.






Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Customer: replied 3 years ago.

Many thanks thats a great help.


 


I will be representing myself as I think it is a straight forward issue and they probably wont get representation and even if they do I still think it straight forward.


 


I will claim for my time spent for research and out of the office court which will probably be £500+vat for a day which I think is reasonable.


 


Just one last thing, when filling out the form what acts do I need to reply for copyright?


 


 

Expert:  UK-Justice replied 3 years ago.
Agreed you should represent yourself, as it seems straight forward.

You may struggle claiming £500 a day as the litigant in person rate is £18 per hour.

You just need to say they are passing off. You don't need to worry about acts.



Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Customer: replied 3 years ago.

Ok fair enough I will just claim £18 per hour up until the point of issue but leave it open for claiming £18 per hour during proceedings.


 


One last question I forgot to ask and I think we are done and thats if I pay the fees and start proceedings and they suddenly change the content can I still proceed with the claim to get my costs back and the injunction to prvent future issues and use the evidence already obtained?

Expert:  UK-Justice replied 3 years ago.
Yes that's fine.

That's why you need screen shots........




Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience: Called to the Bar in 2007
UK-Justice and other Law Specialists are ready to help you
Customer: replied 3 years ago.
Thanks for your help
Expert:  UK-Justice replied 3 years ago.
Welcome
Expert:  UK-Justice replied 3 years ago.
I'm just following up with you to see how everything is going. Did my answer help?

UK-Justice

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