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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31300
Experience:  Over 5 years in practice
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hi there im a distributor apparently some body as bought the

Customer Question

hi there im a distributor apparently some body as bought the name and logo. there have told me to cease trading yet i still have stock can there just stop me straight away or can i be allowed to sell what stock ive got thank you
Submitted: 4 years ago.
Category: Law
Expert:  Stuart J replied 4 years ago.
Hello, I am Law Denning and I am a practising solicitor in a High Street practice. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects. Because we are all in practice with clients and court and other users, I might not always respond in minutes. Please bear with me in that case

It is my pleasure to try and assist you with this today. Please bear with me while I gather some further information from you in order for me to be able to advise you fully.

Unless I have all the facts that I need, my answer would not be accurate.

-Could you explain your situation a little more?
Customer: replied 4 years ago.

I have been trading under the name "Iron Asylum" for over a year, doing various trade shows around the country selling clothing to the health and fitness industry. The images that are printed on the clothing are designed by Jerry Beck and are all under the name of "Iron Asylum". I was under the verbal agreement with Jerry Beck of been the sole distributor of "Iron Asylum" in the UK as Jerry Beck was the owner,creator and distributor in the USA. However i have just discovered that the name "Iron Asylum" is now owned by a third party, i have been informed that i must cease trade and destroy all remaining stock. I'm not aware of any copyrighted company in UK that trade under the name of "Iron asylum". Hope this is enough information.

Expert:  Stuart J replied 4 years ago.

Who has this come from ? How? What do you know of this other company?

What do they make/sell? We need fine details please.

Thanks

Customer: replied 4 years ago.

  • Today






  • Mick Ironasylum Gym




    ohn Delaney Dear Mr Millingington


    We are the proprietor of trademark registration no. 3973,659 United States of America - United States Patent and Trademark Office. CL:25 serial 85-143.815 VAU 1-076-970. Iron Asylum. Details of this registration are set out on the attached schedule, marked "A".


    It has come to our attention that you are using and the Iron Asylum trademark to promote products and gain exposure via social networks and trade shows. Your company logo is also deceptively similar to our Iron Asylum trademark and also constitutes a reproduction or imitation thereof.


    In the circumstances, your use of the Iron Asylum trademark will constitute an infringement of our registered and common law rights.


    In the circumstances, we demand that you immediately:


    1. cease all use of the trademark Iron Asylum;


    2. deliver-up for destruction all material to which the Iron Asylum trademark or any other mark confusingly or deceptively similar to our trademark has been applied;


    3. withdraw, cancel and/or delete any corporate names, domain names, trademark applications and/or trademark registrations for or including the Iron Asylum trademark;


    4. undertake, in writing, never in future to make any use of the Iron Asylum trademark without prior written authority from us, whether within any corporate name, trading name, trading style, domain name or otherwise.


    We await to hear from you by no later than close of business on Monday 13th May 2013


    This is written without prejudice to our rights, all of which are hereby expressly reserved.


    Yours faithfully,


    Tommy Ervay
    Lord W Grove
    Dave Thatcher


    Iron Asylum LLC


     


    as far as i know there have not even set up yet i presume there wanting to make clothes?










Expert:  Stuart J replied 4 years ago.




How did this
arrive?

From what
address?



Where has your
stuff come from and where did you get the logo from?



Where did you get
the name from, Jerry Beck?



If he allegedly
designed all this, how come they now maintain that it is their's?



What has he had
to say about this?



Has he registered
it?



I need all the
missing bits of the jigsaw please.



The link and
embedded image appeared to be your logo. Where is their logo and what does it
look like or do you not know?