Hello Paul my name is ***** ***** I will help you with this.
For now please let me know about yours and their product, I assume it is the same?
Also have you reported the email hack to the Police?
No it's not the same product at all, his is a completely different (and I would say inferior) fragrance to mine
And I've not reported anythung to anyone
But it is in the same industry sector, let me put it like that?
Yes the same sector
Ok. I assume you want to stop this other person?
To confirm the competitor is also based in the uk?
He wholesales a wide range of Indian Goods and acted as my drop shipper last year before we had a big falling out. Now it seems he's doing this both as an act of revenge and to try to steal my market
The competitor is based in the UK?
I only sell my own range of incense sticks - so it's a kind of David & Goliath thing too
Yes he's based near plymouth and lives in Totnes
Ok. Well depending on how quick you want to act this is what you can do
1) You can get a local Solicitor to write and ask him to stop or say you will go to Court and seek an injunction
You want confirmation within 7 days
But if you dont want to wait that long then you can go to Court2
2) You would need to complete form N1
You are asking the court for an order that they stop using the product, packaging, logo etc
They've not copied me exactly
You are also asking the court for an order that they stop using the email list and deliver it back up to you
but they are telling people it's from the same supplier which is a lie
Yes, but the test is this - would a consumer be confused between your product and theirs
If the answer is yes, then you have a claim for passing off
The Court will list the matter for hearing and decide whether to grant an interim order
If the court does and he does not comply he would be in contempt of Court
This means he can be warned by a Judge, fined or sent to prison
Yes, because they are writing to and telling people on the phone that it is the same
The Judge is likely to set the matter down for a final hearing and give directions
You also MUST report the email hack to the Police.
This is a criminal offence
Can I clarify anything for you about this today please?
which police station do I report to ?
or can I do it by email??
Local to you
I would go in, not email, as they would need a formal statement
Ok thanks, ***** ***** say local solicitor do you mean local to me in London or local to him in Plymouth or Totnes??
Does that help?
Ah OK, but a proper solicitor not a CAB or law centre yes?
Its worth the £200 or so
OK do you mind of I ask a second unrelated question please?
That depends if I know the answer
OK, my recent ex girlfriend has failed to return a number of small inexpensive but emotionally attached items and when I tried to make contact her new boyfriend sent me an aggressive threat via facebook. and she has warned me to lie low and keep my thoughts to myself. He is a well known bully so I've not done anything to heat things up but I'm kind of having to watch my back. what would you advise?
Go to the Police. This could be a threat.
Oh it's a threat alright but I don't want to escalate things, could my solicitor send them a cease and desist and please give my stuff back without going to the police?
Yes you could do that too
I don't really want to make things worse for her - well I do but I don't want her to know that haha
Can I clarify anything else for you?
OK should I fill these forms in before going to a solicitor or will they do them for me?
Its a matter for you. I would suggest a Solicitor
What about Trading Standards? or should I just leave it to the court?
Just leave it to Court, Trading Standards are unlikely to get involved
OK Alex, thanks very much.
I think that's all I need for now, thank you
Great. If I could ask you to rate my answer before you go - the button is at the bottom of the screen
If you need more help please click reply
Thanks for your follow up, I've downloaded the court forms and have asked a barrister friend of mine to have a look through and help write them up.
A couple of questions you might be able to help with though:
1. Another lawyer told me I would need to write to the "offender" first and ask him to stop of my own accord before filing any court papers, is that correct?
2. When I spoke with a policeman at my local station he pleaded ignorance of internet law and said I should call the CID of the station nearest the offender's premises as that's where the alleged crime was committed.
Could you please give some advice on this and explain exactly which criminal law it is that he has broken by first stealing my confidential e.mail list and then spamming the people on it.
I appreciate that his comments regarding his products viz-a-viz mine are a civil matter but whatever the content, the mere fact of using my list and sendng out unsolicited e.mails is surely a case for the police to investigate.
I hope you can offer a little insight before I have ot explain how the law works to another member of the constabulary.
I look forward to hearing from you.
Paul Eagle - *****@******.***