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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 13372
Experience:  Barrister 17 years experience
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Please, england, i have been accused of infringement, All

Customer Question

please
JA: Where is this? It matters because laws vary by location.
Customer: england
JA: What steps have been taken so far?
Customer: i have been accused of infringement
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: All good
Submitted: 16 days ago.
Category: Law
Customer: replied 16 days ago.
I am selling candles via a retailer and another company has reported me for ip infringement. We sell joke candles and labels, design, logo is different to the other company the only thing it say "fart extinguisher" on ours so does on the others company. Other company is claiming they have got copyright to this saying, is it possible to have a copyright to a quote/saying?
Expert:  Buachaill replied 16 days ago.

Hello, and thank you for your question. I am your Expert and I will provide the answer you require.

Customer: replied 16 days ago.
Thank you
Expert:  Buachaill replied 16 days ago.

1.  Whilst it is possible to have copyright in a quote or say, a generic descriptive phrase, such as "fart extinguisher" is not a quote or saying to which copyright would attach, because it is purely a descriptive phrase.  There would have to be some original quote or saying for copyright to attach to it.

Expert:  Buachaill replied 16 days ago.

2.  If you require any clarification or if there is additional information you wish to share, I will be happy to assist further in the resolution of your question.

Customer: replied 16 days ago.
There are actually 2 items they have blocked "our friendship is like this candle if you forget me I will burn you f**k*ng house down" which is also a saying. We feel this cannot be also copywrited. If you agree can you assist us with it?
Customer: replied 16 days ago.
With a full swear word*
Expert:  Buachaill replied 16 days ago.

3.  A phrase like this can be copyright as it is an original phrase.  It is not just a description.

Customer: replied 16 days ago.
Are you able to check for us if this phrase is copywrighted?
Expert:  Buachaill replied 16 days ago.

4.  Be aware that this is purely a Question and Answer website for informational purposes.  Experts don´t represent people in disputes.  Here, you will have to see a solicitor near where you live.

Customer: replied 16 days ago.
Thank you
Customer: replied 16 days ago.
I will find a solicitor
Expert:  Buachaill replied 16 days ago.

5.  Copyright is an unregistered right.  There is no such thing as a register of copyrighted sayings.  So, it isnot possible to check to see if a phrase is copyright or not.

Customer: replied 16 days ago.
We just don't understand how this person is claiming they have got the copyright :(
Expert:  Buachaill replied 16 days ago.

6.  I appreciate the situation.  However, you should write back a legal letter rejecting their claims of copyright, if this is what you want to do.  Otherwise, you might end up in receipt of legal proceedings.