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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I had purchased goods from a trade website called Aliexpress

Customer Question

I had purchased goods from a trade website called Aliexpress to re-sell the products on ebay. The company I purchased from were based in Hong Kong.

After listing the good on Ebay, I sold 1 to an individual and it seem the other sale was a sample purchase by a solicitor firm called Briffa.

eBay wrote to me shortly after this purchase to confirm the listing had been taken down. I wrote to the company listed on the notice from ebay to say thanks for identifying them as counterfeit, still not sure how, and how should I dispose of the stock.

The company, Furminator wrote back asking for lots of details about where I bought them and where they were listed. I emailed back to say, I only wanted to know how to dispose of the stock and left it at that.

Today, I received a letter from Briffa stating they would agree a commerical settlement if I account to their client all income that has arison out of the infringement, permit them to inspect my account and pay £1000 vat exclusing in legal fees.

I bought these products in good faith that they were legitimate and have not sold any since.

I haven't made any financial gain from selling them as i bought 48 and only sold 2, leaving me heavily out of pocket.

I have to reply to the letter by the 22nd, but need some advice on how to do so, obviously I didn't knowingly commit this offence and don't really want to pay the £1000 vat exclusive costs.

What should I do?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is Alex and 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 : Are they saying you infringed their copyright please?
JACUSTOMER-bz9xsm6n- : Yes they are saying I have infringed copy right. They sent a letter with a list of commitments they want me to fulfill.
Alex Watts :

Ok - well £1000 is outrageous

Alex Watts :

The fact that you were alerted and then stopped is good.

Alex Watts :

Even if it went to call you wouldnt be required to pay ALL income, it would only be profit.

Alex Watts :

Income is never what would be awarded.

Alex Watts :

You should write and apologise but say you are not going to pay anything

Alex Watts :

If they take you to Court it would only ever be a small claim if you made less than £10,000

Alex Watts :

Therefore they could NOT seek legal costs as a small claim

Alex Watts :

But they can't claim income, only profit

Alex Watts :

But the fact you have stopped is to your credit

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-bz9xsm6n- : Well I only sold one and made £8 profit. Should I send a cheque for that amount explaining the situation.
Alex Watts :

Yes you should and make sure you send the payment 'in full and final settlement'.

Alex Watts :

Does that clarify?

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’.

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JACUSTOMER-bz9xsm6n- : Hi akex
JACUSTOMER-bz9xsm6n- : Thanks for your help so far. To keep you updated, they have rejected the cheque and said they will be in touch. I will let you know more detail when I hear back from them.
Alex Watts :

Please do.

Alex Watts :

Please also take a moment to leave feedback on my service.

Alex Watts :

The question does not close and you can come back to it at any time

JACUSTOMER-bz9xsm6n- : Hi Alex,
JACUSTOMER-bz9xsm6n- : They rejected my offer and came back with a part 36 for a reduced amount of £500. Do you think this is a fair settlement or is this still excessive?
Alex Watts :

Yes I do.

Alex Watts :

You should not accept, they are trying it on

Alex Watts :

Does that clarify the position?

JACUSTOMER-bz9xsm6n- : Hi Alex,
JACUSTOMER-bz9xsm6n- : It sort if clarifies it. What are there options if I reject their offer. I obviously don't want to have a criminal conviction or have to go to court over this matter. Should I continue with my original offer. What action do you think they will take?
Alex Watts :

If you reject they could offer a lower or issue proceedings.

Alex Watts :

You wont get a criminal conviction as this is a civil matter.

Alex Watts :

It would only be the County Court

Alex Watts :

Does that clarify?

JACUSTOMER-bz9xsm6n- : Hi Alex
Alex Watts : Thanja,
Alex Watts : thanks.
JACUSTOMER-bz9xsm6n- : Thanks for your response. If they issued proceedings and it went against me what sort of penalty could I expect?
Alex Watts : It won't be a penalty, they have claimed £1000 so at worst it would be that.
Alex Watts : Is that ok?
JACUSTOMER-bz9xsm6n- : Ok thanks very much. I will write back to them and see what happens. Thanks for your assistance so far.
Alex Watts : No problem. Please remember to leave feedback when you get a chance.