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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3516
Experience:  Solicitors 2 years plus PQE
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Design copyright - we are being hounded on twitter by a jewellery

Resolved Question:

Design copyright - we are being hounded on twitter by a jewellery designer that says we have copied her ring , she says she designed it in 2010 , we brought a ring from a Korean supplier in good faith but have never said we designed it for our jewellery brand and this style of ring is available on the web especially USA ?
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi,

Thank you for your question and welcome.

My name is ***** ***** I will assist you.

What is the Jewelry designer threatening to do? Are they threatening legal action?

Kind regards

AJ
Customer: replied 2 years ago.

no not so far they are asking for a reponse on twitter , she has 3000 followers of influence in the jewellery industry , so we are not sure where to ignore it or reply the it was a item that we brought from our supplier as one of their lines in good faith and we will with draw it from sell ?

Expert:  Alex J. replied 2 years ago.
Hi,

Thank you.

Does she have proof that she designed this ring?

Have your suppliers given you any warranty that they have permission to sell this ring?

As a starting point I would not respond to her publicly.

I look forward to hearing from you.

Kind regards

AJ
Customer: replied 2 years ago.

Hello, I assume she will have a dated sketch but whether she is the first one to design this style of ring I am unsure as it on etsy and pinterest but I can not find any dates on the images.


We do not have any warranty from our supplier but I am checking when and if they designed it.


 


We will not respond publicly but should we send a letter ?


 


 

Expert:  Alex J. replied 2 years ago.
Hi,

Thank you.

If she is not actually threatening anything at the moment, there is no requirement to respond.

However as you have said she is influential in the design world it is probably worth responding - but in private only.

I would start by writing to her and saying that at this stage you deny any wrong doing or infringement. Say you lawfully purchased the rings from a supplier and have seen no evidence that they are anything but an original design.
I would then say that while you are not in the business profiting from someone else's - say to her that "Without Prejudice" (you must say these words when making any admission or concession) to your rights and your right to defend yourself, you would be happy to discuss with her in private any concerns she has and of course if there is evidence you are infringing some one else's copyright then you will take appropriate action.

Before you send this - go to the www.ipo.gov.uk/ - and check whether the design has been registered as a registered design right.

You will have to do something with rings - and if she does actually own the design then you will have to get some kind of permission from her to sell it.

At this stage just try to be as friendly and as reasonable as possible - and do not allow this to turn into a public war - if this ever went to court you would be viewed by the court in a far better light if you were shown to be reasonable and trying to reach a sensible resolution.

I look forward to hearing from you.

Kind regards

AJ

Alex J., Solicitor
Category: Law
Satisfied Customers: 3516
Experience: Solicitors 2 years plus PQE
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