Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : For now please let me know is it they object to the word Oral B ?
Im not sure as they have given me a vague response
Sorry a late 'Thank You'!
Alex Watts : Indeed. Where are they based, UK?
The rights owner? I believe in UK, but not sure
Alex Watts : have you had a letter from their lawyers?
They are working on behalf of Proctor & Gamble, owners of Oral B
No, its just the email which I pasted into the question I provided
eBay advised me to contact the rights owner by email at the given email address, to which they responded -
Your eBay listings have been removed as the products you have advertised infringe one or more patent and/or design belonging to our client, the Procter & Gamble Company, Ohio, USA, or one of its affiliates. The specific IP right identified in our original message is granted/registered in the UK, where your products are being offered for sale. Infringement of this right is independent of whether or not the products you are selling are branded. Should you require further information on this, we advise you to seek advice from a patent attorney.
Alex Watts : Well unless they have jursidiction in the UK and say you are Infringing here I can't see how you have.
Alex Watts : You are not selling their product, just something that can be used with their product.
Alex Watts : That would be for example like apple stopping anyone else selling iPhone compatible chargers. As you know there are lots.
Alex Watts : you should write back and ask for details exactly how you have infringed, the exact details.
The specific IP right identified in our original message is granted/registered in the UK, where your products are being offered for sale.
Alex Watts : Ask them also for a UK adreess for service of court proceedings.
Alex Watts : If they don't give you a suitable answer you could issue proceedings by way of an injunction to stop them contacting ebay removing your listing.
Alex Watts : You would need to complete form N1
Other sellers are selling the exact same brushes here in the UK and from abroad
Alex Watts : http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf
Alex Watts : And n16a
Alex Watts : http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf
Alex Watts : the court would then list the matter for a hearing and decide whether to grant an injunction stopping them removing ebay listings
Alex Watts : can I clarify anything for you about this?
Ok, so first I need to find out how I have infringed, the exact details
Alex Watts : Yes.
if other sellers are selling the exact same items, am i correct in assuming this is not a design right violation?
but rather a listing policy violation - as mentioned in the eBay violation alert
Alex Watts : yes but they can't get ebay to remove that is its not violating their IP as they all edge
Alex Watts : alledge
Alex Watts : Does that help?
Yeah, there must be some listing violation in teh first place otherwise eBay would not be removing it
Alex Watts : only if p&g ask them to, but there is no reason.
Alex Watts : see my example re iPhone chargers
Yes, I kinda figured that out
Alex Watts : ok
but thank you for your response
Alex Watts : Does this answer the question for you today?
To an extent yes