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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have received a letter from Briffa on behalf of the

Resolved Question:

Hi
I have received a letter from Briffa on behalf of the company who makes the Furminator in regards ***** ***** INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT.
I have received promotional items (4 units) from a seller on amazon. I have only used 1 and put the other 3 up for sale on ebay.
I sold two and once I received the letter I stopped selling straight away.
Briffa was claiming £1000 originally which now become 500 for legal costs plus 12 for each of the units sold.
I believe the legal costs are outrageous as they weren't necessary a simple contact from the company would have been enough as I never knew I am breaking any rules.
Not sure what to do now.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Have they told you how they quantified this loss please?
Customer: replied 1 year ago.
Hi AlexHere it is a bit from the letter...Our client's loss in respect of each item sold by you is between 14-16 pounds...our client will accept damages of just £12/tool sold by you...In respect of our legal costs our client as a gesture of goodwill will accept half the sum set out in our letter (originally sent with requesting 1000 for legal costs) or £500....They are talking about big losses my dealing has caused on their clients part but to be honest I do not see how that could happen I bought 4 items at a promotional price from a company on Amazon infringing their trademarks (how would I know that not sure) I acted in good faith by buying those items from a well known online retailer and they didnt need to take legal action could have just contacted me.Thanks Gigi
Expert:  Ash replied 1 year ago.
So its 3 x £12 their loss?
Customer: replied 1 year ago.
I only sold 2 items so they are claiming their loss is 2 X £12 plus legal costs of £500
Customer: replied 1 year ago.
They are asking me to send the remaining two items back which of one I used the other one I took off from ebay straight away after seeing the letter.
Expert:  Ash replied 1 year ago.
Ok - well that seems stupid they want £500. You can refuse to pay and say you have done nothing wrong. Unless you were told the items could not be resold then you can (unless it says not for resale on them). If not then who would you know?In any event writing a letter for £1000 reduced to £500 seems unreasonable. Therefore you should return the ones you have, say you have done nothing wrong but that you wont be paying the fees.Tell them who you purchased them off and say if they need to do anything it is against that person.You purchased them at good faith and therefore its not your fault. If you refuse to pay and are taken to Court it would only be a small claim and no lawyers involved. But if you are, you can counter sue the person you purchased them from. Either way you wont be liable.Can I clarify anything for you about this today please?Alex
Expert:  Ash replied 1 year ago.
Does that help? Alex
Customer: replied 1 year ago.
Yes Alex thats very helpful just one more thing the items I received at a promotional price were received at a discount in exchange for an honest review through a review site for Amazon and none of the items were meant to be for resale from that site but since I didnt need 3 different sizes of the same type of item I decided to list 3 for sale on ebay. It has nothing to do with the company that I received the letter from it is just a general rule of the review site. Could I get into trouble because of this if this is the scenario?
Customer: replied 1 year ago.
It doesnt say not for resale on them...
Customer: replied 1 year ago.
Would you still pay the 2 x £12?
Expert:  Ash replied 1 year ago.
If it didnt say then its not your fault. I would not pay anything, just tell them to take it up with the seller.
Expert:  Ash replied 1 year ago.
Does that clarify?
Expert:  Ash replied 1 year ago.
Alex
Customer: replied 1 year ago.
Hi AlexHere is the email I have received in response from Briffa...If you do not accept the terms of settlement in our letter dated 18 March 2016 by 5pm GMT Thursday 24 March 2016, we are instructed to commence proceedings against you. We have further advised our client that if we issues proceedings against you, not only will it be successful, it will be able to recover its legal costs.
Now if you have solicitors acting upon your behalf, please provide us with their details and confirm by return whether they have instructions to accept service of proceedings on your behalf. Should we not hear from you by return we will serve you directly with proceedings.
How shall I respond?Thank you!
Expert:  Ash replied 1 year ago.
They wont get costs, any claim for less than £10,000 is a SMALL CLAIM and legal costs cant be recovered.
Expert:  Ash replied 1 year ago.
Does that clarify? Alex
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