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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi I have a Jam business and have been trading since 1995. here

Resolved Question:

Hi
I have a Jam business and have been trading since 1995.
here is my website www.edinburgh-preserves.com
As you can see, we have a specific look with the craft paper and images on the jars.

This company has just come to my attention:-
http://www.thevictoriankitchen.com/index.html
they seem to have copied us and have a copyright mark against the product. If the copyright is to do with the 'look' of the product they have quite clearly copied us. Is there anything we can/should do about this?
Thank you
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Do you know when they registered the trademark please?
Customer:

Thank you

Customer:

I think it was 2010

Customer:

I am also popping away just now for most of morning.

Alex Watts : Are you a Limited company?
Customer:

yes

Alex Watts :

Have you written to them at all to explain the position?

Customer:

No. Wasn't sure if we could do anything. In the end they are just using craft paper labels like us. Their logo design is different but the product does now look very similar. Wasn't sure if they were trying to stop anyone using the craft paper look or if is more to do with the company name?

Alex Watts : The test is this - is it confusingly is similar to yours? Would someone be confused?
Alex Watts : If the answer is yes then it makes no difference whether they have a trademark.
Alex Watts : You have been in the industry longer. So if they are in the same industry as you and customers could be confused between you and them then yes you can take action.
Alex Watts : This is called passing off and a breach of intellectual copyright.
Alex Watts : Can I clarify anything for you about this today please?
Customer:

Thanks Alex. That is helpful.

Customer:

So just to confirm, we don't need a copyright/trademark to take action against this?

Customer:

And if we believe that this product could be confused with ours then we could take action for 'passing off' their products for ours and would be breach of intellectual copyright?

Alex Watts :

No, thats correct - you can show that you have IP on the design, logo etc.

Alex Watts :

If it could be confused with yours then its passing off

Alex Watts :

Does that help?

Customer:

Yes, that does help, thank you.

Customer:

My thoughts are that we should maybe start with a legal letter to them explaining that we believe they are copying us and to stop.

Customer:

Is this something you can help with? If so how much will it cost?

Customer:

The final question also then being what would approximate cost be to take them to court?

Alex Watts : I agree a letter would be a good start.
Alex Watts : Sadly I can't be instructed as it is against site rules.
Alex Watts : A letter would cost around £150
Alex Watts : If you wanted to take them to court and they defended the matter cost would be around £8000
Alex Watts : Can I clarify anything else.?
Customer:

No, thank you very much. Thats very helpful.

Alex Watts : If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
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