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Ed Turner
Ed Turner,
Category: Law
Satisfied Customers: 1910
Experience:  Director and Consultant Solicitor (Self-Employed) at Ed Turner LLB Limited
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Jo, we have the factory supplier of shingled panel whom

Customer Question

hi Jo, we have the factory supplier of shingled panel whom claims they have the copyright for production. will we consider anything for purchasing / distributing their products?
JA: Where are you? It matters because laws vary by location.
Customer: we are based in Oxford. the factory supplier is based in China
JA: What steps have you taken so far?
Customer: we are considering purchasing and distributing their product. just need to check on the league part.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: what else do u need to know of?
Submitted: 11 days ago.
Category: Law
Customer: replied 11 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 11 days ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Ed Turner replied 11 days ago.

Hello.   I am Ed, a Solicitor qualified in England & Wales with over a decade’s experience in the legal profession advising clients.

I specialise in Commercial Contracts, Business Transactions, Employment, Dispute Resolution, Personal Injury and Road Traffic Law and shall be reviewing your legal problem today.

Regarding the site’s automatic offer of a Premium Service Phone Call, I shall be delighted to talk with you by phone to discuss your issue in greater detail if you accept the offer.

Expert:  Ed Turner replied 9 days ago.

I note that you have not replied to my request for further information.   I shall therefore post a “general answer” to your type of legal issue.    Please revert to me if I am mistaken as to your type of legal issue or if my answer does not fit the facts of your situation and I shall be delighted to amend my answer accordingly.

Expert:  Ed Turner replied 9 days ago.

It appears that the other party has served you with a “Cease and Desist and Takedown” Letter reserving their rights under their registered trademark.   The two products must be sufficiently similar that they would cause a risk of confusion in the minds of an onlooker.   The trademark owner does not have to prove intention to copy, only that the two designs are similar and theirs is protected by trademark and was registered first.

Unfortunately, I believe that you will have to remove your [IPR PIECE] from your own corporate advertising material.

Registering a piece of Intellectual Property as a Patent, Trademark or Design Right means that it is automatically protected from all other similar designs and the Right Holder does not have to prove deliberate copying by the other party.

Therefore, any argument by you that you came up with the design first will not succeed.   You should have registered it as a trademark to gain protection.

Damages for Intellectual Property Rights Infringement Claims are account of profits to the claimant for monies obtained through use of the mark.

You have two options.

You can either continue to use the design and risk the claimant issuing proceedings for a court injunction ordering you to remove the offending material, plus damages, interest, and costs.

Or you can remove the offending material and sign an undertaking not to use it in future.

Expert:  Ed Turner replied 9 days ago.

I hope this resolves your enquiry.   Please revert to me if you require any clarification of my answer to your question and I shall be delighted to assist.

Kind regards

LawyerEd

Customer: replied 9 days ago.
Hi Ed, I think I need to clarify the question. There is a type of solar panel, which we are considering to import to UK & EU under OEM license (as our brand). The supplier claims there is no patent or copyright issue in Europe for this product and they will provide a statement to say the following but we need to know if this will protect us from any risk. They state they will guarantee that their own processing technology does not infringe the intellectual property rights of any third party. If we are sued due to an intellectual property dispute, they shall be solely responsible for handling and they shall bear the claimed losses.
I would be much appreciated if you could help the answers for it.Kind regards
Jenny
Expert:  Ed Turner replied 9 days ago.

It appears that the supplier is granting you an IPR indemnity, which is standard in these contracts and protects you.   What else do you need advice on?