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Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have received a letter that I am selling counterfreit good

Customer Question

I have received a letter that I am selling counterfreit good and threatened with court
Submitted: 2 years ago.
Category: Law
Expert:  Harris replied 2 years ago.
Hi, thanks for your question. I am a qualified solicitor.
Please can you elaborate more on the issue and what you need assistance with.
Customer: replied 2 years ago.
Please see attachedI do sell these good.. they are bought from my supplier in China who supplies me and the photos. I am asking advice what I should do.Thank you
Customer: replied 2 years ago.
Expert:  Harris replied 2 years ago.
Thanks. It appears that you have been using the offical Smiffy photographs to sell unauthorised/unoffical products in an attempt to pass them off as Smiffy products.
The company are requesting you to agree not to use their photographs to pass off third-party products and to take down any ebay listings still active.
They are requesting you compensate them £700 plus £400 costs to settle the matter. It is unclear how they have calculated these damages.
If you do not agree to this they have stated that they will issue court proceedings.
From what they have provided, I cannot see any defence that you can put forward as you have been using their copyrighted photographs to sell third-party products that look identical to theirs.
If you cannot afford to pay what they are requesting I would suggest you attempt to negotiate for a lower settlement, or a figure based on however many items you had sold.