Hello my name is ***** ***** I will help you with this.
Is this the same person producing the banners please?
Was there any agreement in writing between you both?
Hi,This is the agreement I had:----------------------------------------
A shocknife is a Martial Arts training tool
I do not understand what the other side gets in return?
This is a martial arts training tool that retails at £199
So they would get a knife?
Yes.Its a special one that I got from Canada.In essence its a 'barter'
We had a simple bartered agreement for £200 worth of goods, this is on an email that details, that if they design x,y,z they will have the item described (value £200), long story short, they never delivered anything and I ceased the relationship.
They are now trying to bill me for time that they say they have worked on it, even though there is an email history that has me giving good notice of termination if nothing is forthcoming.
They have moved to £1,500 as the sum.
They are indicating that as they intended to make their money back from the mark up they would have made on the tshirts that’s this is the true cost.
So they do the design and in return you give them a knife. Did you give them the knife?
So they do the design and in return you give them a knife. =YESDid you give them the knife?=NOWe agreed a December deadline, which they missed.I wrote to them saying they then had until 31st January, which they missed.I wrote saying that the agreement was now finished.That's when they started to say they would bill me for their time (£1500) and that they owned the IP (As they had a digital stamp on the creation of the name) and that I'd have to deal with their US lawyer and go to the US or deal with their US lawyer to sort it out.
But had they done the design at the point you cancelled the agreement?
I have an IP registration that completes in about 4 weeks, but they are threatening all sorts. 1. When the IP registration comes through, how safe am I with it? 2. Can I turn round and say, "I have this now so please leave me alone" 3. Can they try to dispute the IP registration even when I get it? 4. 4. They are also saying they will use their US lawyers (they have lived in the US) and that I will have to deal with a US court system, fly there etc Your help would be very much appreciated.
Not the best typing sorry
But if you didnt use the design on what basis are you claiming the IP?
I have put in the IP Registration in for the name, not the design.I am saying that the name is ***** ***** we spoke about in conversation and is not covered by Copyright.
Did you come up with the name?
A name with two words was offered to me.I didn't like it and suggested a new 1st word.
Ok, so you alone came up with the name?
I was with the designer, he suggested a name lets say: Apple Cart. I didn't like this and suggested Orange Cart.The point being as the designer I acknowledge that he owns the designs that he came up with, and as such I never accepted them as I don't think they were any good.
Right now I have a lot of clarity on this from another source.Can you just answer one point, and that my Point 4; "They are also saying they will use their US lawyers (they have lived in the US) and that I will have to deal with a US court system, fly there"How does this work? Can someone in the UK, use a US lawyer?If they do, does that mean I have to go to the US, or deal in US law?I feel that that is pretty unlikely and that 2 people in the UK are governed by UK law only?If you can give me clarity on this, I'll be happy.
He is based abroad, or the UK?
UKHe has lived in the US, but he now lives in the London area
Ok - and he was in the UK when you made the agreement?
He does have business interests in the US and no doubt knows a lawyer there etc..YES we both met on Facebook, and I visited him at his home/office in London.
He is a UK resident.
Ok - then he can't sue in the USA. He can only sue in the UK and get UK lawyers invovled.
Even if he did get USA lawyers involved and get a USA Judgment it makes no difference.
It wouldnt be enforced generally in the UK
But if the deal was done here then its UK law.
Can I clarify anything for you about this today please?
Yes please.What does getting a US Judgement mean?Then you used the word 'generally' does this mean there are exceptions?Finally is there a legal reference for me to use to indicate to this individual that I know he is in the wrong?
1) US Judgment means a Court order like the UK issues for debts
2) Generally, I have never known of a case where it can be enforced save where there has been an agreement between the parties saying it can be
3) This is a jurisdiction contract issue. If the contract or agreement was made here then in the absence of any other agreement, it is UK law that applies
Does that help?
Yes Can I ask:
1) US Judgment means a Court order like the UK issues for debtsHow or why would someone do that if it has no relevance to UK Law?
I have no idea. He may just be trying it on to frighten you.
But in essence it is irrelevant?
Yes. Because generally they can;t be enforced in the UK
OK then that's all good thank you