How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Alex J. Your Own Question

Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3520
Experience:  Solicitors 2 years plus PQE
13113900
Type Your Law Question Here...
Alex J. is online now

I have received a letter from a company wanting to sue me for

Resolved Question:

I have received a letter from a company wanting to sue me for loss of earning and they are demanding I close my company facebook group and change my company name because the name of my shop is similar to corporate brand and we sell similar products, I have another business I set 10 many years ago with with the same name selling different products hence the reason I am using the name again so don't feel this is right or fair.
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.
Does the business that is threatening own a registered Trade Mark in this name?
How much money are they demanding?
Kind regards
AJ
Customer: replied 2 years ago.

Hello

They are trademarked as e-lites my company is elite vaping

They are details daft loss of earnings at 3 million

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
Can you prove that you have a previous trading history in the name "Elite Vaping"?
The issue here is one of Trade Mark infringement. If you have infringed their Trade Mark it is entirely their prerogative to sue you. If the prcoeedings are unfounded then it is up to you to demonstrate that your logo is not the same of similar to their logo.
Further more there is actually a remedy under the Trade Mark 1994 under S.21 of the Trade Mark Act 1994 for groundless infringement proceedings. http://www.legislation.gov.uk/ukpga/1994/26/section/21 where you can seek damages and a declaration that the marks are not similar or infringement has not occurred.
You have to consider whether you want to take the time and expense to defend this. If you do there are grounds for a defence as I have detailed above, however I would strongly recommend that any response you send to them comes form a solicitor. If you have the letter coming from a solicitor setting out your position that:
1. This claim frivilous an unfounded;
2. You have a prior trading history in your mark;
3. The marks are not similar or likely to cause confusion;
4. Saying that if they continue to chase you, you reserve the right to sue for your own damages;
The headed paper of that solicitor will carry far more gravitas and show that you have been properly advised and are aware of your rights.
It seems to me that this company is trying to bully you to an extent that is why it is imperative that you show them you have been properly advised of your rights.
I look forward to hearing from you.
Kind regards
AJ
Alex J., Solicitor
Category: Law
Satisfied Customers: 3520
Experience: Solicitors 2 years plus PQE
Alex J. and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice