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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I've received a claim from Adobe regards unlawful selling/IP

Customer Question

I've received a claim from Adobe regards ***** ***** infringement, which to a point is correct/I agree with, as I have sold through a well known auction site. I am being asked to settle outside of formal court proceedings and sign up to several undertakings: some are fine (I agree with) some are somewhat questionable and rather open - agree to compensate and pay for the costs to investigate me and bring the matter to their lawyers. How much do they want...
Do I respond? Owing to the fact the details they have on the claim are not actually mine - wrong name, wrong address (address doesn't exist), effectively I've used the online auction account under fake ID and details. Should I be concerned about the letter from Adobes solicitors? Not talking a huge infringement - perhaps 10 sales on the auction site.
Submitted: 11 months ago.
Category: Law
Expert:  Ash replied 11 months ago.

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

How much are they claiming? How much did you sell please?

Ash and other Law Specialists are ready to help you
Customer: replied 11 months ago.
Hi Ash, thanks for prompt reply. I will accept and have done. Perhaps we could discuss this on Tuesday of next week, I am tied for now until then and will have limited time to discuss on the phone. Hope this is okay. To answer the questions : they have not put a figure in the letter to me. They are stating that I pay a reasonable sum in damages for past infringements. In addition, they state I am to compensate them for legal and investigative costs - again no figure is suggested. What have i sold - approx. £1500-2000 I think. I am travelling but can answer questions online before our telephone call if you wish. Again - as per my original question - the online auction account is under completely different details to that of my own, so they are claiming under civil proceedings a person that doesn't exist at an address that doesn't exist. The only link will be financially as the proceeds of sale are transferred from the payment agent to my bank account. Clearly I have ceased selling the software but should I negotiate with the solicitor acting in their behalf or just ignore it.
Expert:  Ash replied 11 months ago.

Do you have a number we can chat on?

Customer: replied 11 months ago.
I am unable to chat until Tuesday evening; possibly can discuss Monday evening at 6:30pm.
Expert:  Ash replied 11 months ago.

I can call today?

Customer: replied 11 months ago.
I have company most of today so will be limited in terms of what questions/information I can pass over the phone as people will be listening in to my conversation - do you have a number I can call you on should I get a 30min window of free time where I can have an open discussion?
Expert:  Ash replied 11 months ago.

Just come back here when you are free and I will call you.

Customer: replied 11 months ago.
Hi Ash,Are you available today at 1pm for the call?
Customer: replied 11 months ago.
Hi awaiting your call
Expert:  Ash replied 11 months ago.

Sorry I was in Court. When are you free?

Customer: replied 11 months ago.
Are you able to call at 5:15pm today?
Expert:  Ash replied 11 months ago.

Sure. If you could just remind me on here at that time? Thanks

Customer: replied 11 months ago.
Ideal, thank you. Yes, I'll send a message on here at the time.
Expert:  Ash replied 11 months ago.

Thanks

Customer: replied 11 months ago.
Hi I am available now
Expert:  Ash replied 11 months ago.

Thanks.