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Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 6527
Experience:  Dual qualified Solicitor and Attorney
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I am 18 years of old I have started my small business of

Customer Question

hi
JA: Hi. How can I help?
Customer: I am 18 years of old I have started my small business of natural hair growth oil and my website is not live yet selling only on instagram while website is under construction my website developer uploaded demo website online for 24 hours in which we found we changes but at same day our one of competitor took screen shot and today they send the letter for copy right infrigment while its clearly website developer mistake and website was not traded single day it was demo website which is still showing under construction I need to reply the letter I have received from claimant's solicitor i did nothing wrong mine all product composition , name , packaging is change then the compititor need your advice
JA: Where are you? It matters because laws vary by location.
Customer: united kingdom Bradford england
JA: What steps have you taken so far?
Customer: nothing received letter today thats it
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no
Submitted: 14 days ago.
Category: Law
Customer: replied 14 days ago.
Hi did you connected me with lawyer
Expert:  Jeremy Aldermartin replied 14 days ago.

Hi thank you for your message, I appreciate this is important to you so I will endeavour to give you a quick but clear answer. Please note this is not a chat service so responses may not be instantaneous. I am sorry to hear about your issue but will do all I can to assist you with this matter.

Customer: replied 14 days ago.
Thank you sir
Customer: replied 14 days ago.
Do you want me to send the letter I have received from solicitor
Expert:  Jeremy Aldermartin replied 14 days ago.

Yes if you could upload it that would be appreciated, you can do this following the directions here: https://www.justanswer.com/help/how-do-i-send-photo-or-file-expert

Customer: replied 14 days ago.
Sir I have sent you file with detail description via outlook I would be greatful of your help I am 18 years old just started business from home did everything according to the law but been accused for something which i haven’t done please i am so stressed and scared what to do need you valuable advice and help
Expert:  Jeremy Aldermartin replied 14 days ago.

Hi thank you for your message I have not yet received the file however, as a general principle you cannot be held liable for wording or design on your website which was not intended to be published in that format and in any event was not yet complete. Therefore, you should not be concerned about this and should instead write back rejecting any claim on the basis of breach of copyright and indicate that you first dispute any breach and secondly, any offending wording or design was on a draft design and had not gone live That should be sufficient to prevent any further action. You can see more about how to respond here: https://www.citizensadvice.org.uk/scotland/consumer/copyright1/the-internet-filesharing-and-copyright/how-to-respond-if-you-deny-the-claim-of-copyright-infringement-s/#:~:text=You%20will%20need%20to%20write,Don't%20ignore%20the%20letter.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Expert:  Jeremy Aldermartin replied 14 days ago.

Thank you again for visiting JustAnswer, please let me know if you need me to clarify anything or if you have any additional questions-I am happy to help!

Customer: replied 14 days ago.
I have sent you another email with attachment hopefully you would receive it please read through claimant letter and advice me accordingly I really appreciate your advice which make me relax but if you could read my email and attachment then you would be more specific
Customer: replied 14 days ago.
Can you draft a response letter through your expert platform I will pay your fee please read the email I sent you plz and also advice me how much would you charge for drafting a letter for me because i have got no solicitor
Expert:  Jeremy Aldermartin replied 14 days ago.

Hi thank you for your message, the answer above should suffice in terms of responding to the letter. I cannot draft a response unfortunately but you can use the above to respond to the claim. Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 13 days ago.
Hi Dear Jeremy,Please find herewith enclosed attachment of claimant's solicitor letter I just need to tell give you more informations.I am 18 years of old I started my business from home and selling my product on my instagram page but meanwhile requested to website maker to build a website for me he created a demo or draft website to show me the content in which i found few content which did not suited me and requested him to change it and i will send my own text material and draft sooner, website developer uploaded draft website on 30/10/2020 and then suspended my website on 01/11/2020 and my website http://www.beautybyhumna.co.uk is still showing under construction while if you see claimant website which did showed any copy rights or code of conduct on their website call http://www.byri.com secondly claimant also accused me for having no testing of my product and threatened to report to the trading standard uk while my product is CPSR tested from oxford biosciences Uk with complete cosmetic safety report and also registered on CPNP portal which uk and europe cosmetic notification portal and my CPNP No:(###) ###-####My website never been live for trading its been live as a draft to show me to make changes at same time claimant took pictures and today I have received a letter which is enclosed with this email.my website never been used for trading at all I was trading on my instagram page and did not mentioned my website to any of customers and I am receiving threatened messages from fake instagram account and also claimant posting their posts on instagram mentioning replica oil while my composition, bottle packaging is totally change.Please read though enclosed attachment letter.I have got some screenshot of instagram messages and posting by claimant without establishing anything. I am 18 years hence don't know what to do.
Expert:  Jeremy Aldermartin replied 13 days ago.

Hi thank you for your message, I appreciate this is important to you so I will endeavour to give you a quick but clear answer. Please note this is not a chat service so responses may not be instantaneous. I have read your previous messages on this matter and this one, I have also read the letter. My advice still stands, you need not concern yourself, you mention you do not know what to do but I have told you twice and this is the third time. As advised previously, write back to Judge Law indicating that in essence, your website is not yet live. You dispute the copyright infringement and in any event your website design will be changing. The letter provides examples where it is alleged you have taken from the website of ByErim Ltd and frankly some of it is extremely generic so I believe you can simply respond on that front take for example the wording under the question How Long does the oil last? That is a statement of fact, if you wish you can amend the wording on your website so it is slightly different but their client cannot copyright wording which amounts to a statement of fact about a product, they cannot for example have copyrighted "the oil is safe to use within 28 months", otherwise no oil based product could be produced and marketed that has an expiry period of 28 months.

Furthermore, in order for a work to have copyright it has to be unique, clearly much of the content of the website is not unique nor original and as such does not and could not have copyright attached. I therefore suggest you write back in those terms.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Expert:  Jeremy Aldermartin replied 13 days ago.

Thank you again for visiting JustAnswer, please let me know if you need me to clarify anything or if you have any additional questions-I am happy to help!