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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Jo.C Are you conversant with copyright law and can you

Resolved Question:

Hi Jo.C
Are you conversant with copyright law and can you happily assist on this type of query
regards
David
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Thanks for your interest in me but this isn't my area.
Customer: replied 1 year ago.
Hi JoI'm not sure why
but your details came up when I put in the question
If you have an expert in this area - I would prefer to deal with them
I hope you don't mind - please pass onto the appropriate person
regardsDavid Chill
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
-Could you explain your situation a little more?
Customer: replied 1 year ago.
Hi Alex
please let me know what additional information you require to further my initial question information
regards
David Chill
Expert:  Ash replied 1 year ago.
Has the design been trademarked by anyone?
Customer: replied 1 year ago.
Hi Alex
The old product has been copyrighted by a company
but the new design that we are proposing to sell has some similar elements to the old design
but looks totally different in size and shape
would you like to see pictures of both designs ?
regards
David Chill
Expert:  Ash replied 1 year ago.
Please follow you can attach them at all?
Customer: replied 1 year ago.
Hi Alexyour last message really did not make much sense ??
but tomorrow I can take pictures and attach the files appropriately for you to view
are you an expert in copyright law?regards
David
Expert:  Ash replied 1 year ago.
Sorry I meant to say please if you can attach them at all.......
Alex
Customer: replied 1 year ago.
Hi Alex
Here are all the details and correspondence needed
Picture 1 is the new design ( in blue plastic) that we wish to market
Picture 2 is the old design ( in Black) this is the design that Wilson Gunn have complained about
there main concerns are in the letter attached
what I need to know is - is our new design acceptably new/different enough for copyright reasons
are you an expert in this field
regards
David Chill
Expert:  Ash replied 1 year ago.
I have looked and it's nothing similar. So yes you can use this new one.
The test a court would apply is would a customer be confused. It's a different design and colour so is fine.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
Hi Alexwould you be kind enough to answer these specific questions one by one
1. Can this company enforce a copyright on a configuration of holes and number of prongs on this item or their item?
2. Have you fully read the letter from William Gunn? therefore are we safe to go ahead with the new deisgn?
3. If we launch this new product is there any reasonable cause for them to come back to us and complain that our product uses elements or is like there product?
4. As I have asked before are you an expert in the field of copyright law are you a lawyer?
5. I do not wish to enter a legal battle with the create and craft channel over my revised design therefore I wish to be safe in the knowledge that there is no cause for them to write back to me againplease answer each question individually so I can be sure that I have covered my options
from your answers I may have further questions that arise
regards
David Chill
Expert:  Ash replied 1 year ago.
1. No because holes can't be trademarked
2. Yes I read the whole letter. The letter is misleading as we don't have attorneys in the uk
3. But it's not, a customer can't be confused
4. solicitor yes
5. Send them a copy and see if they object if you are worried.
Does that help?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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