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chatham-chamber
chatham-chamber, Advocate
Category: Law
Satisfied Customers: 13604
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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My question is regarding intellectual property, I have back

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Hello, my question is regarding intellectual property
JA: What written documentation do you have?
Customer: I have back and forth email communications with the property rights owner
JA: Have you talked to a local attorney? Has anything been filed in court?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: The question is regarding my selling rights on an ecommerce platform (ebay) where I have been wrongly accused of a trademark violation. My product listing was taken down as requested by the trademark owner as they believe it to be counterfeit on no grounds whatsoever - this is 100% not the case. I have proof of purchase and each product has a hologram that proves authenticity. My account was threatened with suspension as a result. I've made contact with the trademark owner 2 months ago of which they initially replied asking for stock photos and proof of purchase, both of which I supplied, and have since then not replied to me even after countless reminders and requests from myself (over 2 months of email reminders. Please can you advise what my rights are in this regard and what steps I should take next. Thank you

Hi,

Where is the trademark owner based?

Customer: replied 5 months ago.
The company i am dealing with is a 3rd party "fake goods finder" who operate in the U.S on behalf of the product's actual owner. Their website is www.mainlandipr.com but i believe they have changed their website name to www.findfakes.com. The product in question is a card game called Exploding Kittens who's company is also based in the U.S. Thanks

Hi,

Can you provide a copy of the letter sent to you by the copyright owner?

Customer: replied 5 months ago.
I have not received a letter from the right's owner themselves. The 3rd party company who represent the right's owner sent a request to ebay to have my product listing taken down, which ebay in turn sent me an email to notify me to contact them (the 3rd party company acting on behalf of the rights owner) for authorisation to list the product. Just to make things clear - I have had no direct communication with the product's actual trademark owner (Exploding Kittens LLC) and have only communicated with the 3rd party company acting on their behalf.

Ok. This makes sense.

What authority do you have to sell the items?

Customer: replied 5 months ago.
None - I am in the process of getting that authorisation, and by authorisation I mean confirmation that the goods are not counterfeit from the evidence I have provided. Ebay policy does not require me to get authorisation to sell products belonging to the trademark owner, as long as the products listed are genuine and authentic..
Customer: replied 5 months ago.
Is anyone able to help please?
Customer: replied 5 months ago.
Hello? Is there anything else I can provide?

Hi,

Ebay have the right to suspend or terminate an account if they believe a person or member is selling counterfeit goods.

Based on the limited information you have provided and without delving into your matter further, I am of the opinion that you should be able to resolve this once youbhave received the relevant confirmation from the trademark owner.

I hope this answers your questions. If so, kindly rate the answer and provide feedback.

If you have any further questions, please do not hesitate to ask.

Many thanks

Customer: replied 5 months ago.
I appreciate your reply, however my question has not been answered.You said this should be resolved once the trademark owner sends confirmation - this I know already. The problem here is that they are PURPOSELY NOT responding to my emails/requests. It has been well over 2 months now since I first reached out to them. At first they replied requesting stock photos to prove the products' authenticity of which I supplied, but they have NOT replied to me ever since. I now have idle stock worth over £10,000 of which I cannot sell. What I want to know is what my legal rights are in this situation and if I have any ground to stand on to sue the company as I believe this to be a direct violation of my trading rights. Thank you

Hi,

Have youbhas a lawyer contact them for you?

chatham-chamber and other Law Specialists are ready to help you
Customer: replied 5 months ago.
Nope I have not as I am not clear what my legal rights are in this situation. Before I ask a lawyer to contact them directly I need to know if they are violating any trading standards and whether I am entitled to sue them. I am hoping you would be able to help with that. If there's any more information you need please let me know and I will happily provide answers.

Hi,

They can possibly be infringing anti competition regulations but it would require a lawyer to go through the case in some detail to ascertain your merits.

Unfortunately, the just answer site is not designed to provide specific legal.asvice but more guidance.

I hope this answers your questions

If so, kindly rate the answer and provide feedback.

If you have any further questions, please do not hesitate to ask.

Many thanks