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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 4140
Experience:  Solicitors 2 years plus PQE
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I've been sent a claim for copyright infringement, but the

Customer Question

I've been sent a claim for copyright infringement, but the drawings associated to the claim do not exactly match the products I am distributing.
JA: Do you have a registration record?
Customer: no
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: no
Submitted: 15 days ago.
Category: Law
Customer: replied 15 days ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 15 days ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Alex J. replied 15 days ago.

Thank you for your question and welcome. My name is ***** ***** I will assist you. The test for infringement qualitative not quantitative. I see it is a registered design - does the design you have share any functionality with the design you are alleged to have infringed? How much is being claim from you? Kind regards AJ

Customer: replied 15 days ago.
Hi, they haven't stipulated a claim amount, they have said if I agree to an injunction on importing these 2 products, they will drop the case. I have to pay their legal fees too, which they also havn't stated.
Customer: replied 15 days ago.
Here are the images of the products I distribute.
Customer: replied 15 days ago.
https://shopmeraki.co/p/brass-hardware-furniture-handles-modern-brass-grey-wardrobe-dresser-cupboard-cabinet-drawer-pulls-knobs/https://shopmeraki.co/p/satin-brass-knurled-furniture-handle-luxury-cupboard-drawer-wardrobe-door-kitchen-handle-pull/
Expert:  Alex J. replied 15 days ago.

Thank you. Where do you import the items from? Is the same manufacturer? Kind regards AJ

Customer: replied 15 days ago.
they have issued this document to the business and to me personally also
Customer: replied 15 days ago.
It's also worth noting that there are multiple other vendors listed on market places like etsy who distribute the same or similar products, some with more resemblance than the ones referred to in this claim, such as: https://www.etsy.com/uk/listing/823457146/knurled-kitchen-handles-solid-brass?ga_order=most_relevant&ga_search_type=all&ga_view_type=gallery&ga_search_query=knurled+brass+handle&ref=sc_gallery-1-9&plkey=442*****************3f329eb9fe765a12fcca%3A823457146&bes=1
Expert:  Alex J. replied 15 days ago.

Thank you. How much profit would you lose if you stopped selling the products? They are asking you to pay their legal costs - have they given any indication of this? Kind regards AJ

Customer: replied 15 days ago.
It's hard to forecast, but they are popular products. There has been no indication of the cost of their legal fees that they want me to cover, which is strange. All the documents I've uploaded is all I have received by email.
Customer: replied 15 days ago.
They are imported from China. I've got a good relationship with the supplier. The supplier said they were challenged too, but they said the same thing to the platform they are selling on (AliBaba) and then AliBaba didn't take any further action by removing the listing.
Customer: replied 15 days ago.
The same thing being, the drawings have reasonably different characteristics to the product on sale.
Customer: replied 15 days ago.
My personal opinion is that the overall impression is different, at the end of the day, they are handles. This impression is similar across all types of bar handles. They are a bar with two feet. You can find many types of similar design. The detail is in the knurling and the other intricacies. Plus, there are many other UK retailers selling extremely similar products.
Customer: replied 15 days ago.
Also, im not sure if this is a technicality, but I don't actually import directly, I drop ship from the manufacturer in China. Yes some of those customers are based in the UK, but also, customers from other countries also purchase these items.
Expert:  Alex J. replied 8 days ago.

Thank you. If you do not stop selling the items - the risk is you may be subject to an infringement claim. On that you have to be satisfied that you could defend a claim for infringement. Is there anything you obtain from the Chinese manufacturer to show the created the design independently? Kind regards AJ