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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I sell airline crew luggage tags online. However I do not

Customer Question

Hi
I sell airline crew luggage tags online. However I do not have authorisation from all airlines to use their logo and marks.
I have been contacted by Emirate Airlines who wants me to pay compensation of £2000 for unauthorised use of their trademark and they also want a signed undertakings that i will not use their marks again.
Is it better to settle or not?
I will appreciate your advise.
Regards Todd
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello Todd my name is ***** ***** I will help you with this.

Alex Watts :

May I ask why have you been using the logos without permission?

Alex Watts :

What is it you would like to know specifically about this?

JACUSTOMER-dmlluvws- :

yes i did

JACUSTOMER-dmlluvws- :

Just want to know if its best to settle the case with them or let it go to court

JACUSTOMER-dmlluvws- :

They have asked for £2000 compensation which represent the amount i acutaully sold of Emirates products

JACUSTOMER-dmlluvws- :

and also a signed undertakings

Alex Watts :

Is that accurate, £2000?

JACUSTOMER-dmlluvws- :

yes two thousand pounds

Alex Watts :

Is that profit it income?

Alex Watts :

How do they know its £2000?

JACUSTOMER-dmlluvws- :

cause they asked me how much i sold and I have only been selling them for 6 months

Alex Watts :

Ok. What would your profit element be?

JACUSTOMER-dmlluvws- :

approximately £1200

Alex Watts :

Ok - why didn't you give them this element?

JACUSTOMER-dmlluvws- :

They ask me for the value of the products i sold

JACUSTOMER-dmlluvws- :

and they also stated they will not charge me solicitors costs

Alex Watts :

Ok. If it went to Court you would lose.

Alex Watts :

So although there is some argument over the £1200 or £2000 then I would consider settling.

Alex Watts :

You had no right to use the trademark.

Alex Watts :

Therefore I would pay them the £2,000 together with the undertaking.

Alex Watts :

Then nothing is likely to happen

Alex Watts :

Of course they may be willing to provide you with a licence to use the logo - I would ask about this.

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-dmlluvws- :

I see ok so its best to settle

Alex Watts :

Yes I would.

Alex Watts :

You have no defence as such

JACUSTOMER-dmlluvws- :

If it did go to court how much compensation they will receive if they win

JACUSTOMER-dmlluvws- :

so that i have an idea

Alex Watts :

It would be over £2,000 plus around £5,000 - £10,000 in legal costs

JACUSTOMER-dmlluvws- :

I see ok thanksfor the answer

Alex Watts :

Happy to help.

Alex Watts :

If I could ask you to rate my answer before you go today, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

JACUSTOMER-dmlluvws- :

I guess it does not matter to court even though i was providing their own crew

JACUSTOMER-dmlluvws- :

ok I will

Alex Watts :

No it makes no difference. You were using their logo without permission.

Alex Watts :

I am sorry

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


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