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Hi thanks for your question.
My name isXXXXX can assist with information about this.
Okay, so you have the rights to the design, and the logos etc., in the chess boards?
yes its a specific design chess set of pieces
we have the copyright etc
Okay. You sound like you might have the "design rights" in it too, which is a separate thing to copyright.
Basically, it sounds like you might need an injunction to prevent the sale of your chess boards which a competitor is seeking to unlawfully explot.
This would prevent them selling them. Also, you would probably then issue a claim which would allow you to work out how much they'd made selling your boards.
yes the competitor is claiming the copyright is not correct?
Why do they say that?
but we contated copyright service and this reply 1 sec
Okay, well, you need to flesh that out, but copyright is copyright -you don't have to register it etc., for it to take effect.
Dear Mr MiceliThank you for your enquiry and sorry to learn of the difficulties.Frankly, I do not know what they mean by "not registered the copyright correctly in the UK" either. Whether a work is registered or not does not affect how they should treat your work, so it sounds like either ignorance or a deliberate red-herring to me.Copyright is an automatic right, not something your are legally required to register either in the UK or under any international convention. Lodging evidence as you have is purely ensuring you have independently verifiable evidence of the date and content of your work. Legally people should respect your copyright whether you registered or not - but clearly it gives you a firmer footing in cases like this where the plaintiff may try to claim that they created the work and you copied them.Legally, the core issue is simply who is the originator of the work (the copyright owner) and who copied (the infringer), unless there has been some contract/licence between the parties in respect to the affected work, anything else is irrelevance that simply clouds the argument.We do have a page that explains the typical process that one should follow in an infringement claim http://www.copyrightservice.co.uk/copyright/p05_copyright_infringementDMCA takedowns apply to content hosted by American ISPs (Internet Service Providers) and should not cost anything (you write them yourself) - if the infringing material is hosted on the network of an American ISP then they should respond to such a notice. A simple Google search should give you some example DMCA notices and advice on wording (like this site for example http://rising.blackstar.com/how-to-send-a-dmca-takedown-notice.html)Naturally only US ISPs are covered by the DMCA (it is US legislation), but ISP in most 'responsible' countries have similar policies and so should take action appropriate when receiving such a request. The issue that arises is if the other party makes a counter claim (which sounds the case from your description) in which case realistically your only course is to get a solicitor on board to assess your situation and progress the claim (i.e. an injunction).Naturally if you require evidence to back up your claim, you can call on us to provide a copy of the deposited materials as evidence of the date and content of your creations. This would normally only be needed if you are presenting evidence to a court or tribunal hearing your claim (it is not something the party on the other side of the dispute has any right to require).I hope this has been of help to youSincerely YoursUKCS Information Desk[email protected]www.copyrightservice.co.ukRegistration centre for copyright works.
how do i enforce it though?
Okay. You would need to enforce the rights via the High Court.
what are the costs involved?
is that available online as its business to business?
Costs are a difficult question, ... it depends. To get an injunction, I would estimate perhaps around £15k - £20k, but it depends on the lawyers.
or do i appoint a solicitor?
You can't do this online, it's a specialist type of claim, and this is really why you would need solicitors to help you.
wow jeez we are a tiny company
Obviously, you don't have to use solicitors, but if you don't then you will still be expected to comply with the court rules etc., and if you dont, then it may not work out well for you.
Some firms will do no-win no-fee arrangements, so it's worth calling around and seeing who might do it for you.
If solicitors think you have a great claim, this type of funding is always available.
ah thats good, surely we have every right?
so there is no other way around this other than court
It's difficult to do anything without the court.
You could complaint to the police about counterfeit goods, but the truth is, you may struggle to get them to do a lot.
The High Court is your best bet as you can get more remedies there, and get everything you need. The police wont give you an injunction, for example. Nor can they get you compensation.
ok many thanks take care
From what you've told me, it sounds like you'd do well to get this looked at further, because it seems like you do have a claim.
Thank you! XXXXX ask, are you happy with the service so far?
yes great thanks