UKSolicitorJA : Hello
UKSolicitorJA : Have you ever used DFS's photos previously before this incident as you say there was another incident after where they emailed your business?
No - the first time a Dfs picture came up was the incident I have explained. Following this incident we put up our adverts again and we were then contacted again a few weeks later by the same person from Dfs ( I think he is in charge of monitoring eBay adverts ). He pointed out that we needed to remove a different picture ( it was a v small one ) which we did immediately. I feel this is the kind of notice we should have been given the first time round as well instead of a phone call to a random employee. Is there any law/rules re this. After the first incident the guy from Dfs was v quick to point out that he realised we were innocent in all this ( and that employee was at fault) and he immediately informed eBay to allow us to continue advertising. At the time it felt as if both eBay and Dfs were v quick to try and rectify things.
UKSolicitorJA : Thank you.
UKSolicitorJA : unfortunately, the obligation is on you not to infringe copyright or intellectual property rights of a third party, including DFS. Therefore, the law would expect you to make sure that you have systems in place to ensure that no third party copyright or intellectual property rights are breached, whether or not you are notified of such breach is another matter.
UKSolicitorJA : there is no obligation on DFS to notify you of the breach in a particular way, the fact of the matter is that they could have taken legal proceedings against you for breaching their copyright but they have not done so which you should be glad about. The fact that they notified your business by telephone is absolutely permissible and it is your problem I am afraid that your employee did not make you aware of their phone call.
UKSolicitorJA : sorry, but I can only advise you in accordance with the law. Can I help further?
One question - we did search for any pictures that we used - but if the picture is nowhere to be found on DFS site etc then it is easy to get wrong, especially when you see other people using it. Does this mean that there is no requirement for any notice of infringement? Thanks
UKSolicitorJA : Yes, it is up to you to ensure that the pictures do not infringe IP rights of others, whether or not the owners notify you.
UKSolicitorJA : hope this clarifies. Please remember to rate my answer so that I am credited for my time.
UKSolicitorJA : thank you
Ok thanks - one final question. Someone can sue in such cases without any prior notice? It is impossible to be sure you are not in breach. Most aspects of law allow for notices to be received by right before action so I am surprised about this. Thanks