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INC Law
INC Law, Solicitor-Advocate
Category: Law
Satisfied Customers: 13664
Experience:  LL.B, LPC, LL.M, Pg.Dip, Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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Intellectual property tradmsrk infringement, Eu registered,

This answer was rated:

Intellectual property tradmsrk infringement
JA: Is the trademark federally registered?
Customer: Eu registered
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: Been issued a 500 pound demand notice by a London based solicitor
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 12 days ago.
Yes, I will continue to wait for an answer.

Hi,

Thank you for your query. What exactly is your question in relation to this?

Customer: replied 12 days ago.
We received a urgent demand notice for a trademark violation from a London based solicitor, demanding we pay £500 by the 5th December 2019 or the fee will then rise to £1500 which is to be paid by the 12th December 2019 otherwise they have threatened to start legal proceedings. We asked the solicitors to provide evidence that they are working on behalf of their client but they have refused to do this saying that they are not legally obliged to do so and that we should take them at their word. Although we except we have violated the trademark, the only profit we have made is in the region of £12 so we feel that the £500 they are demanding is not justified

Hi,

Thank you for this. This seems to be a scam. Solicitors are supposed to explain the infringement and provide evidence of the infringing items by way of links or pictures.

At this stage, I would suggest you ignore the letter. If they persist, you should report the matter to the Solicitors Regulation Authority.

I hope this answers your question. 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 12 days ago.
They have provided screen shots of our eBay page of the item which has violated the trademark and have also provided the trademark number.

Hi,

Have you now removed the infringing items?

Customer: replied 12 days ago.
Yes we did this as soon as we got the letter

Hi,

If that is the case, it would appear that this may be a genuine potential claim.

I would suggest that as youbhave removed the infringing items, you write back and state that the items have been removed and no further images have been used.

You should ignore the requests to make payment at this stage. If they continue pursuing this, you may have to pay as if it goes to court, it could be a lot more expensive.

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

Many thanks

INC Law, Solicitor-Advocate
Category: Law
Satisfied Customers: 13664
Experience: LL.B, LPC, LL.M, Pg.Dip, Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
INC Law and other Law Specialists are ready to help you
Customer: replied 12 days ago.
Thank you for your assistance.

It's a pleasure.

Good luck!