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Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
I assume you had a patent? When was this registered and when was the competitor product designed do you know?
Yes I have a patentit was registered over a year ago.I do not know anything about the other product.
You need to write to the company and state that they are in breach of your patent.
You need to state that you believe they are in breach of your intellectual property.
You then need to wait for their response.
Thank you for your interest in Homebase, but I wont take these conversations any further. I have been shown a product by a current vendor that covers the same job as yours,
Best of luck,
DIY Trading Team - Floor 4 West
489-499 Avebury Boulevard
Tel: 01908 603026 (direct)
Email: [email protected]
From: [email protected] [mailto:[email protected]] Sent: 19 March 2014 15:00To: XXXXX XXXXX; [email protected]Subject: Doorpal
If they respond with evidence that it was designed BEFORE your patent then you can't take action
If they do not provide evidence then you can take action
You can sue them and get the Court to Order them to stop selling the product and sue for loss and damage
You can claim the lost profits and the profits they have made from this product
But this all applies assuming they are in breach
Should I answer this email?
If they developed it before yours then even if you have a patent you may not be able to take action
I would prepare a formal letter and send it regular mail instead
Can I clarify anything for you about this today please?
Its such an unusual product and I sent it to them a year ago who is in breach?
Homebase for buying or a supplier?
It depends when it was designed by the competitor
If its before your patent then they are not in breach
If its after, then they are
The supplier would be liable
Can I clarify anything else?
So how do I find out the suppliers details
You need to write and ask Homebase
If they do not give it then you can ask a Solicitor to write to them
Ok thanks for your help,no doubt we will talk again.
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