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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have a registered mark on a product and have been told by

Resolved Question:

I have a registered mark on a product and have been told by a company that I sent my product to that one of their current suppliers have just shown them a similar product that does the same job.What can I do if they have just coppied mine?

kind Regards
John McGowan
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 as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

I assume you had a patent? When was this registered and when was the competitor product designed do you know?

Customer:

Yes I have a patentit was registered over a year ago.I do not know anything about the other product.

Alex Watts :

You need to write to the company and state that they are in breach of your patent.

Alex Watts :

You need to state that you believe they are in breach of your intellectual property.

Alex Watts :

You then need to wait for their response.

Customer:











9:42 AM (2 hours ago)









to me, john








Hello,


 


Thank you for your interest in Homebase, but I wont take these conversations any further. I have been shown a product by a current vendor that covers the same job as yours,


 


Best of luck,


 


Kind regards


 


XXXXX XXXXXe


Buyer DIY


Decorative Fittings


 




 


 


DIY Trading Team - Floor 4 West


Avebury


489-499 Avebury Boulevard


Milton Keynes


MK9 2NW


 


Tel: 01908 603026 (direct)


Ext: 8026


Email: [email protected]


 


 


From: [email protected] [mailto:[email protected]]
Sent: 19 March 2014 15:00
To: XXXXX XXXXX; [email protected]
Subject: Doorpal



The information contained in this message or any of its attachments is confidential and may be privileged. Unauthorised disclosure, copying or dissemination of the contents is strictly prohibited. The views expressed may not be official policy, but the personal views of the originator. If you are not the intended recipient or have received this message in error, please delete this e-mail and advise the sender by using the reply facility in your e-mail software.
All messages sent and received by Homebase are monitored for viruses, high-risk file extensions, and inappropriate content.
The registered office address of Homebase Limited (registered in England and Wales, number(NNN) NNN-NNNN is Avebury, 489-499 Avebury Boulevard, Milton Keynes, MK9 2NW.

Please visit our website at http://www.Homebase.co.uk for further information about Homebase.



Alex Watts :

If they respond with evidence that it was designed BEFORE your patent then you can't take action

Alex Watts :

If they do not provide evidence then you can take action

Alex Watts :

You can sue them and get the Court to Order them to stop selling the product and sue for loss and damage

Alex Watts :

You can claim the lost profits and the profits they have made from this product

Alex Watts :

But this all applies assuming they are in breach

Customer:

Should I answer this email?

Alex Watts :

If they developed it before yours then even if you have a patent you may not be able to take action

Alex Watts :

I would prepare a formal letter and send it regular mail instead

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Its such an unusual product and I sent it to them a year ago who is in breach?

Customer:

Homebase for buying or a supplier?

Alex Watts :

It depends when it was designed by the competitor

Alex Watts :

If its before your patent then they are not in breach

Alex Watts :

If its after, then they are

Alex Watts :

The supplier would be liable

Alex Watts :

Can I clarify anything else?

Customer:

So how do I find out the suppliers details

Alex Watts :

You need to write and ask Homebase

Alex Watts :

If they do not give it then you can ask a Solicitor to write to them

Customer:

Ok thanks for your help,no doubt we will talk again.

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/

Customer:

Did you receive your payment Alex?

Expert:  Ash replied 3 years ago.
Hello - try and rate this way, it must be a system bug.

Thanks!

Alex

Ash and other Law Specialists are ready to help you