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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 14439
Experience:  Solicitor
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We have received a letter from a London based solicitor

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We have received a letter from a London based solicitor stating we have violated a trademark. They have provided the trademark number and screen shoted the item that was on eBay. They are saying they are acting on behalf of their client and demand we pay £500 by Thursday. If payment not received by Thursday then it will go up to £1500 and if payment is not received by the following Thursday then they will start legal proceedings. We have only made in the region of £12 on the sale of the item and we removed it as soon as we got the first letter. We have written back to them as some of their dates were wrong on the first letter and asking them if they can prove who they are working for. They have written back with the same demands for £500, then £1500 and then legal proceedings, they say they are not obliged to prove who they are working for. We are not sure if they can just demand a certain amount even though the profit we have made is far far less than the amount they are demanding we pay.

Hello my name is Jamie and I will help you. I am just reviewing your question. This is an email service so there may be delays when responding.

What is it you want to know about this today please?

Customer: replied 12 days ago.
We have received a letter from a London based solicitor stating we have violated a trademark. They have provided the trademark number and screen shoted the item that was on eBay. They are saying they are acting on behalf of their client and demand we pay £500 by Thursday. If payment notreceived by Thursday then it will go up to £1500 and if payment is not received by the following Thursday then they will start legal proceedings. We have only made in the region of £12 on the sale of the item and we removed it as soon as we got the first letter. We have written back to them as some of their dates were wrong on the first letter and asking them if they can prove who they are working for. They have written back with the same demands for £500, then £1500 and then legal proceedings, they say they are not obliged to prove who they are working for. We are not sure if they can just demand a certain amount even though the profit we have made is far far less than the amount they are demanding we pay.

Yes, I read the background thanks. But what do you want to ask me about this?

Customer: replied 12 days ago.
Can they legally claim the £500 or are they only entitled to the profit or part of the profit.

They can claim a sum. They can claim the profit made from breaching their trademark.

However, if they issue proceedings, any claim for £10,000 or below would be a small claim.

As such they can not claim costs.

So yes, they are entitled to something, but not the full sum claimed.

They would need to show they have suffered a loss.

But you dont need to pay their costs.

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer, by clicking the button at the top of the screen. I am not paid for my time unless you rate. If you need anything further I am available for a follow up at no extra cost.

Customer: replied 12 days ago.
Just to clarify. They can only claim the £12 profit not the £500 they are demanding.?

Correct.

Does that assist?

Customer: replied 12 days ago.
Yes thank you very much you have eased our minds.

Pleasure. Can I assist with anything else today?

Jamie-Law and other Law Specialists are ready to help you
Customer: replied 12 days ago.
No thank you