How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Alex J. Your Own Question

Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3520
Experience:  Solicitors 2 years plus PQE
13113900
Type Your Law Question Here...
Alex J. is online now

I've been threatened with legal action. I'm a carpenter and

Resolved Question:

Hi there, I've been threatened with legal action. I'm a carpenter and made a vinyl record picture frame/holder. A company in the U.S. claims they own the copy rite for the idea, although after some investigation I'm sure mine was in existence before theirs and if anything they might have copied my idea. Could you give any advice?
Submitted: 6 months ago.
Category: Law
Expert:  Alex J. replied 6 months ago.

Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. Have they sent a letter from a lawyer demanding you cease and desist? Kind regards AJ

Customer: replied 6 months ago.
Hi AJ, No lawyer letters. I have been warned over Instagram message to make my product disappear. I researched when I designed the item and there was no other one on the market. The other Party has only started displaying their item since May and mine was made in December 15. I've time stamped photos of making the piece and social media uploads well before them. They also interact with an Instagram page that I frequently link my work to, so in my opinion it could be myself that's been copied. I've uploaded some material for you to look at. Kind regards ***** *****
Expert:  Alex J. replied 6 months ago.

Hi, Thank you. Potentially you have a copyright over this as an unregistered design right. You would not be able to get a patent on this as it is not an invention it is just a novel of storing vinyls. Making spurious copyright claims is not permitted under UK law. I would right back to them and explain you have prior goodwill and trading history in this item, you can prove you designed the product yourself it is an original design and was not copied. Say that if he continues to harass you or make unfounded threats you will pursue him for the cost of obtaining legal advice in defending yourself. I would then provide a chronology of when you started selling it to prove that it is an original idea. Kind regards AJ

Customer: replied 6 months ago.
Hi, The product was made for my dads small music room/cupboard. The limited space and the fact it was the entrance to the loft basically restricted my options for the vinyl storage, basically it was a design of necessity. I started putting the item on social media to see if I got positive responses in order to pursue whether to produce them in quantity. I received this threat and now as I've not started selling them, I was wondering if I should abandon the idea because the other party have brought the item to the shops before me.
Expert:  Alex J. replied 6 months ago.

Hi, Thank you. Is the other party selling the item in the UK? Kind regards AJ

Customer: replied 6 months ago.
Hi, I think the set up is, a carpenter (@classycollector) in Kentucky is making them as a side project and has teamed up with a comic book shop (timewarpcomics) to sell to order, they are advertising as will deliver worldwide, but looking at low responses on their social media, I would imagine only a few have been produced as to origin of the purchaser I would doubt that any have been posted outside of the U.S.
Expert:  Alex J. replied 6 months ago.

Hi, Thank you. If you want to commence this as a commercial enterprise I would not let these people bully and intimidate you. If they would wanted to sue you, they would have to do so in the UK which would be an expensive exercise for them without guarantee of success. I would stand your ground and say if anything they have infringed your unregistered design right and if they do not leave the UK market you reserve the right to sue them.

Customer: replied 6 months ago.
Hi, sorry last one. They have claimed copywrite and patent pending on product. As you've advised there can't be a successfull patent as its not an invention, would I be advised to track down their copywrite claim on their product and if it turns out it was before my product was made, should I then not pursue with product or with there been differences in design could we both have copywrite for two different items. Thanks
Expert:  Alex J. replied 6 months ago.

Hi, Thank you. I am not sure how it works in the USA, but in England this would not be protect able as a patent and as a general rule copyright subsists automatically and does not get registered. The only copy right that can be registered is a "registered design right" - you could try and register your idea here - https://www.gov.uk/register-a-design/check-if-you-can-register-your-design . Kind regards AJ

Alex J., Solicitor
Category: Law
Satisfied Customers: 3520
Experience: Solicitors 2 years plus PQE
Alex J. and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice