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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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Hi we registered a design chess set that was manufactured and

Resolved Question:

Hi we registered a design chess set that was manufactured and created for our company, we registered the set with the UK COPYRIGHT SERVICES...we have the letter of authorisation also from the manufacturer dated in 2010/11 when the set was also registered. To date our company and the appointed distributors sell this design. However a few days ago we found a competitors website selling our set albeit under a different given product name. However the design is exact.

we tried to issue a takedown however the infringer has disputed the copyright without giving any clear reason why, but in short because of this dispute the hosts company will not have the infringing website remove the fake sets. The hosting company have told us the only way around this is to hire a copyrights lawyer??

in the light that we actually do own the copyright and have the letter of authority to register not just this design but 4 others by the same manufacturer, is there anything we can enforce to have the infringing site remove our design from their website and is there anyway the fake goods can be ceased?

regards

Carmelo
Submitted: 2 years ago.
Category: Law
Expert:  tdlawyer replied 2 years ago.

tdlawyer :

Hi thanks for your question.

tdlawyer :

My name isXXXXX can assist with information about this.

Customer:

hi tony

tdlawyer :

Hello!

tdlawyer :

Okay, so you have the rights to the design, and the logos etc., in the chess boards?

Customer:

yes its a specific design chess set of pieces

Customer:

we have the copyright etc

tdlawyer :

Okay. You sound like you might have the "design rights" in it too, which is a separate thing to copyright.

tdlawyer :

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.

tdlawyer :

exploit.

tdlawyer :

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.

Customer:

yes the competitor is claiming the copyright is not correct?

tdlawyer :

Why do they say that?

Customer:

no idea

Customer:

but we contated copyright service and this reply 1 sec

tdlawyer :

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.

Customer:

Dear Mr Miceli

Thank 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_infringement

DMCA 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 you

Sincerely Yours

UKCS Information Desk
[email protected]

www.copyrightservice.co.uk
Registration centre for copyright works.

Customer:

how do i enforce it though?

tdlawyer :

Okay. You would need to enforce the rights via the High Court.

Customer:

what are the costs involved?

Customer:

is that available online as its business to business?

tdlawyer :

Costs are a difficult question, ... it depends. To get an injunction, I would estimate perhaps around £15k - £20k, but it depends on the lawyers.

Customer:

or do i appoint a solicitor?

tdlawyer :

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.

Customer:

wow jeez we are a tiny company

tdlawyer :

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.

tdlawyer :

Some firms will do no-win no-fee arrangements, so it's worth calling around and seeing who might do it for you.

Customer:

yes

tdlawyer :

If solicitors think you have a great claim, this type of funding is always available.

Customer:

ah thats good, surely we have every right?

Customer:

so there is no other way around this other than court

tdlawyer :

It's difficult to do anything without the court.

tdlawyer :

You could complaint to the police about counterfeit goods, but the truth is, you may struggle to get them to do a lot.

tdlawyer :

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.

Customer:

ok many thanks take care

tdlawyer :

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.

Customer:

thank you

tdlawyer :

Thank you! XXXXX ask, are you happy with the service so far?

Customer:

yes great thanks

tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience: 11 years experience of general practice.
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