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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3655
Experience:  Solicitors 2 years plus PQE
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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
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