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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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Intellectual Property. Court Judgement awarded to me for £10,300. A

Resolved Question:

Intellectual Property.
Court Judgement awarded to me for £10,300.

A person infringed my copyright and I was awarded £10,300.
He placed images that belong to me on his website.
The profit from the website is circa £16k.
There is no stock sold on the website the profits come from affiliate commissions.
There is little cost in keeping the website running.
The person has little in the way of tangible assets and rents his home.
Can I seize the website and auction it online on a site such as flippa.com?
Due to the way the profits are earned the website should sell pretty quickly.
If I can seize the website so that I can sell it to get the money owed to me, how much would it cost to get a court order which transferred the website to me?
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, welcome to the website. My name isXXXXX can assist you with this.

tdlawyer :

You wouldn't be able to simply transfer it to you, it would be sold on the open market if anything, but the problem with intellectual property is that it's incredibly difficult to seize in the same way as physical goods.

Customer:

Can he be forced to sell it with a court judgement?

Customer:

www.flippa.com is an open market.

Customer:

It auctions websites.

Customer:

Would it not be the case that we could seize the domain name maybe without the website?

Customer:

Or is a domain name considered intellectual property?

tdlawyer :

He could be forced to sell with a Court order, yes, but I've personally never known this done, but nothing in the court rules excludes it as a possibility.

tdlawyer :

A High Court Enforcement Officer has the power to seize all property, save with limited exceptions.

tdlawyer :

This may require getting password XXXXX to operate the site and domain, and this might itself require hauling the debtor back before the court.

Customer:

I appreciate that I would have to get the passwords etc, I am internet based.

tdlawyer :

Yes, it's just the extra leg-work that's require before the court again that I wanted to highlight.

Customer:

So how would you estimate costs?

Customer:

Is there a specific part of the law I can read that deals with this kind of order?

tdlawyer :

Costs are difficult, perhaps about £1,000 maximum, but it depends on what needs to be done. A HCEO can give you more details on this, and I'd suggest you contact the likes of Sherforce: https://www.sherforceplus.net

tdlawyer :

They're specialists in this specific area.

Customer:

I've spoken with them they say they cannot do it.

tdlawyer :

The Court Rules governing this are in here: Rule 70 onwards http://www.justice.gov.uk/courts/procedure-rules/civil/rules#part71

tdlawyer :

Oh .... Try Marstons? http://www.marstongroup.co.uk/service/high-court-services/

Customer:

I've spoken with Marstons and several other companies. This is why I came to Just Answer as these companies say they can't seize this kind of property you need a court order.

tdlawyer :

You will need a court order, but in theory still, it's possible as it's an asset that isn't excluded by the rules. I take your point that you'll need a solicitor to go back to court to achieve this though.

tdlawyer :

Incidentally, if you just wanted to take the income from the site, you could do that via third party debt order?

tdlawyer :

You'd have to find out where the money was going into (perhaps a paypal account or something) and then get the order against that entity, which would them be compelled to send the funds directly to you to pay off the court judgment.

tdlawyer :

That might be another option perhaps, which is easier to do.

tdlawyer :

Otherwise, if you made him bankrupt, his trustee in bankruptcy would assume responsibility for dealing with the site and the income, and would be able to divert it to you and his other creditors to pay off (as much as possible) the judgment debt.

tdlawyer :

He would also be in the driving seat and be able to sell the website without a court order.

tdlawyer :

That option is worth thinking about.

tdlawyer :

I have to pop out now, can I check that I have answered everything you need please?

tdlawyer :

Is there anything more you would like to ask me?

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