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Jamie-Law
Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 3985
Experience:  Solicitor
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Online retailer selling mobile phone cases. Received a

Customer Question

Online retailer selling mobile phone cases. Received a complaint from another company claiming we are infringing their intellectual property rights and have provided a document. Would like someone to look over it to see if they have a valid argument or not
Submitted: 9 months ago.
Category: Property Law
Customer: replied 9 months ago.
Attached is the file that they provided. the phone case we sell has no logos etc on it and there are many hundreds of sellers selling this case on many online stores such as Amazon and ebay
Expert:  Jamie-Law replied 9 months ago.

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

I can look at this document but this would be an additional service as it is 12 pages and quite detailed.

If you wish to proceed just click accept the offer.

Jamie-Law and other Property Law Specialists are ready to help you
Expert:  Jamie-Law replied 9 months ago.

Is your design the same, save for the logos?

Customer: replied 9 months ago.
the design is similar except a cut out at the back to show the logo. i will attach pictures shortly. My case has no logos on there not even on the packaging.
Customer: replied 9 months ago.
Hi, for some reason its not letting me attach any more files
Expert:  Jamie-Law replied 9 months ago.

Ok. Keep trying and if not you can email them

Customer: replied 9 months ago.
whats your email
Customer: replied 9 months ago.
Hi i have uploaded them to a free image website and you can view the 3 photos in the following 3 links[url=https://postimg.org/image/cecc9uyr1/][img]https://s22.postimg.org/cecc9uyr1/IMG_6091.jpg[/img][/url][url=https://postimg.org/image/xcn3lonzh/][img]https://s22.postimg.org/xcn3lonzh/IMG_6092.jpg[/img][/url][url=https://postimg.org/image/r07ybukx9/][img]https://s22.postimg.org/r07ybukx9/IMG_6093.jpg[/img][/url]
Expert:  Jamie-Law replied 9 months ago.

It says file not found

Customer: replied 9 months ago.
Apologies try these linkshttp://tinypic.com/view.php?pic=2euok2g&s=9#.V_JZBvkrJD8http://tinypic.com/view.php?pic=2z81212&s=9#.V_JZLPkrJD8http://tinypic.com/view.php?pic=2ztcyvc&s=9#.V_JZU_krJD8
Expert:  Jamie-Law replied 9 months ago.

Ok - so the design looks the same, save for the logo, would you agree?

Customer: replied 9 months ago.
Hi, yes the design is more or less the same apart from the cut out circle in the back and ofcourse no logoWhat are my options now?
Expert:  Jamie-Law replied 9 months ago.

The test is this if it went to Court - is it confusingly similar to an existing design.

If they have a Trademark or Patent then this is the test which is applied.

If a customer could be confused between your design and their design - if the answer is yes then it is passing off.

However if everyone else is using the same design, they may not be able to claim it is unique.

There is always a litigation risk - but if you have been getting them from a genuine supplier then you can identify who that supplier is and suggest they contact the supplier directly.

Can I clarify anything for you about this today please?

Customer: replied 9 months ago.
Hi, the document that they have sent me, is that not a trademark/patent?Also there are literally hundreds of sellers online selling this case with either no branding or their own branding on them.This case has been selling for the past 2-3 years from around 2014 onwards so they definately weren't the first to sell it or create it.We have sourced these from genuine suppliers in China and there are many suppliers in China who also supply this caseI will get the suppliers to contact them directly and see what the response isCan i carry on selling them at the moment?
Expert:  Jamie-Law replied 9 months ago.

Ok - if its generic there is nothing they can do. So yes, you can continue selling them.

If there is no mark or patent there is nothing they can do.

Its generic, its like Paracetamol - generic, lots of different brands but the same.

Does that clarify?

Customer: replied 9 months ago.
what you are saying is that if this case has no logo and is generic then i can continue to sell it?Regardless of them emailing me the document in regards ***** ***** similarities in designTo be honest this was what i was thinking immediately because i have no logos etcPlease do clarify this as i have quite a lot of stock and sell quite a few of theseAlso if possible could you ring on***********so we can talk through it and clarify the situationThanks
Expert:  Jamie-Law replied 9 months ago.

Yes, its generic to there is no infringement.

Sadly I am in Court at the moment so can't call you at the moment.

If there are no logos there is no issue.

Its just the design they are disputing.

Customer: replied 9 months ago.
if there are no logos, and its generic which stance would you advise me to take with this company? What should i reply to them?Also is there some sort of official document you could produce for me to provide to them
Expert:  Jamie-Law replied 9 months ago.

Reply and say its generic, non specialist and on the open market by lots of different manufacturers and sellers.

Sadly I cant write to them for you, as this is a question and answer site.

Customer: replied 9 months ago.
Ok will go ahead and do that. If you do get a chance to ring me later please do as it will help
Expert:  Jamie-Law replied 9 months ago.

If I get out of Court at a decent time sure

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