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UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Am I infringing on intellectual property

Customer Question

Am I infringing on this person's intellectual property by listing on his amazon listing? He sent me a link proving the trademark is theirs but I don't think it means the items listed are solely theirs - I know the supplier supplies to at least 10 companies in the UK.. Please advise. This is the listing: Thank you.

and If I would want to sell the exact same products as them could I just buy an EAN number and that would be considered my product even if I don't actually manufacture the product? thanks

my email address is [email protected] - would you send a copy here as I didn't include one when I submitted the question. thanks

Submitted: 1 year ago.
Category: Law
Expert:  UKSolicitorJA replied 1 year ago.
By selling the same product, you are not infringing the person's intellectual property, In the same way that the same product may be sold at different supermarkets but that does not mean that the supermarkets are infringing the intellectual property of the other.
In this case, the person's trade mark is "Home Arena" and as long as you are not using this trade mark, you are not infringing his trade mark.
May I help further?
Customer: replied 1 year ago.

Thank you. But Home Arena seller says to me that by listing on their* listing I am using their trademark as in i'm saying that I sell beds made by home arena, and my beds are not made by home arena. What exactly does the trademark mean anyway? coz I know that they use the same supplier as all the other competition - we all get from the same supplier in China so they are not quite their own beds and I sell exact same product.

did you read the attachment they sent me proving they are a registered trademark?

and where do you live?

thank you

*incidentally all listings belong to amazon so it is never a problem to list on a ready made listing.

Expert:  UKSolicitorJA replied 1 year ago.
I am an English Solicitor but cannot disclose where I live. This is an online only service.

If Amazon owns the listings, then you are not really infringing their IP by listing on their listing.

However, you should not say that you are selling beds owned by Home Arena as that is not true even though Home Arena themselves do not make the beds.

Unless the Chinese supplier has exclusively licensed Home Arena to supply the beds in the UK,Home Arena has no case against you and would infact be misleading the public that the beds are produced by them when they are not.

Hope this helps
Customer: replied 1 year ago.

hi thank you for your reply. I didn't mean where do you live exactly - I meant do you live in UK as I need to know the UK law :)

Secondly - did you check the registered trademark page they sent me - is it legitimate? and did you check the listing - if it says by home arena at the top does that imply all ebds listed are by home arena and so I can not list a bed of it is not by them?

thanks again - just need to clarify exactly as this home arean have accused me of infringing on their intellectual property and my listings were removed making me lose many sales. Thanks :)


Expert:  UKSolicitorJA replied 1 year ago.
Ok, thanks. I am in the UK.
Yes, the trademark is legitimate but the person does not manufacture the products and you should say so to Amazon.
E.g. Apple makes IPads but there are other sellers too, look at this listing
You are simply another seller of the product and should point this out to Amazon. A letter from the Chinese supplier confirming that they manufacture the beds and sell them to you as well as to Home Arena should help to show that Home Arena is not the exclusive reseller of the products.
Hope this helps
Customer: replied 1 year ago.

Thank you, ***** ***** been most helpful. Can I forward you the email communication I had with Adnan who is support at Home arena? Please read and confirm I am definitely allowed to list on his listings.

Thanks again - I just don't want to get in trouble so want to be 100% sure I've given you all the info

See att.

thanks so much

Attachment: 2014-12-20_211200_document.docx

seems like it justs puts in an image - and I can't copy the text here either..please advise.. thanks

Expert:  UKSolicitorJA replied 1 year ago.
I have seen the email exchange and note that they are still to reply to your last email saying you have taken legal advice.
As previously advised, you are allowed to list on their listings.
All the best
Customer: replied 1 year ago.

Thank you - can I hold on rating this exchange as i do want to wait for their reply before letting you go :) just in case I need more support. I will rate your answers as excellent..

Would you get involved with Home Arena if necessary for more pay or would that not be possible? How would I be able to go about this? They are not answering me and said they don't want to be in touch with me anymore so I'm not quite sure where to go from now - do i just list on their listing again - can't affors to get into trouble from Amazon..


Expert:  UKSolicitorJA replied 1 year ago.
This is an online only site and your original questions have been answered. I will not get credited for my time until you rate me although I have spent a lot of time dealing with your queries.
Customer: replied 1 year ago.

I understand and I am really grateful for your time. Only thing is I am not quite sure how to go about now. I will relist my items on that listing, thing is what do i do when the guy gets back to me and is angry that I'm listing on his listing again. Do I forward all our communication to him or what? thanks so much

Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
As long as you are telling the truth and not pretending to be someone else there is nothing they can do.
Does that help?
Customer: replied 1 year ago.

Thank you Alex, but I prefer to continue working withCustomer

Expert:  UKSolicitorJA replied 1 year ago.
Hello Betty,
As advised, you are welcome to submit your listing on his listing but to avoid confrontation, you may want to make a new listing. I do not know how Amazon works so I would not be able to assist you with that but you may inform the person that you are not infringing their intellectual property and that they should stop harassing you.
The main thing is for you to resolve the issue with Amazon as the person's complaint is not valid.
Hope this helps. Please leave feedback and ask any further questions on a new question. I will be accessing the site irregularly over the festive season.
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
UKSolicitorJA and other Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you very much.

The guy hasn't gotten back to me - I guess he was just trying his luck in sounding scary so I would cancel those listings. Thank you very much for all your help.

and if he does come back to me I will forward our communication (or part of it) to him. Hope that'll be enough to show him I know what I'm doing and he can't just fake infringement of intellectual property laws!

Funnily enough, yesterday I received a message from a different seller saying I can't list on his listing because of intellectual property etc. But this time I just answered him back that my lawyer clarified that listing on his listing is not infringing his intellectual property. Hope he leaves me alone :)

Could you just clarify for me what exactly intellectual property is and when I would be infringing on someone's intellectual property so I know for future?

Thanks again!


Expert:  UKSolicitorJA replied 1 year ago.
Hi Betty,
Hope it goes well with the trade.
You may read more about intellectual property and infringement here
Customer: replied 1 year ago.

Hi. Mr Adnan has answered me finally . Please find our exchange attached: Please advise. Thank you

Attachment: 2014-12-24_184042_document_2.docx

Customer: replied 1 year ago.

Hi. Mr Adnan has answered me finally . Please find our exchange attached: Please advise. Thank you

Attachment: 2014-12-25_150344_document_2.docx

Expert:  UKSolicitorJA replied 1 year ago.
Hello again Betty.
From the page I sent you:
If you use an identical or similar trade mark for identical or similar goods and services to a registered trade mark - you may be infringing the registered mark if your use creates a likelihood of confusion on the part of the public. This includes the case where because of the similarities between the marks the public are led to the mistaken belief that the trade marks, although different, identify the goods or services of one and the same trader.
Where the registered mark has a significant reputation, infringement may also arise from the use of the same or a similar mark which, although not causing confusion, damages or takes unfair advantage of the reputation of the registered mark. This can occasionally arise from the use of the same or similar mark for goods or services which are dissimilar to those covered by the registration of the registered mark.
If you are not using their trademark or an identical mark on the goods you are selling, then there is no infringement.
I would advise you to take the issue up with Amazon directly and stop corresponding with this person, or make your own listing.
All the best
Customer: replied 1 year ago.

Thank you very much. So I may be right but I'll just have to be smart!



Amazon do not get involved with legal stuff so I'm pretty much on my own against this Home Arena. Amazon will remove any listings if another seller claims IP - they do not verify whether the claim is correct or not. So as you say I'll just have to create my own listing.


Are EAN numbers copyright or can I use the same EAN numbers that Home Arena use for their products, when creating my own listing?


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