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Ed Turner
Ed Turner,
Category: Law
Satisfied Customers: 1913
Experience:  Director and Consultant Solicitor (Self-Employed) at Ed Turner LLB Limited
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I sell on amazon and i have another supplier that has

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i sell on amazon and i have another supplier that has hijacked my items no matter how i try amazon wont help me to get them back.
JA: Where are you? It matters because laws vary by location.
Customer: uk
JA: What steps have you taken so far?
Customer: Asked them to change the brand and manufacturer to myself, tried reporting them, spoke to an uk based amazon person who agreed with my point and advised me on what to do which ive done but still no luck.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I raised the items on amazon is 2014, i purchased the product bar codes , wrote the item descripton and added the item and pictures but becuase the other seller obtained brand registery before me they allowed him to hijack the items. Ive not also obtained a trademark and brand registery on amazon thus i thought they would help me but no luck.
Customer: replied 16 days ago.
Information i recently sent to amazon with no luckI added the listed items below to Amazon many years ago, wrote the descriptions and took the pictures.
Celtic woods appear to have been able to add themselves as the brand and ive lost control and the ability to sell these.
I believe this was possible because they applied for a trademark which enabled them to join the brand registery.
I however note that under their trademark uk00003213578 they requested class 6 only which is ironmongery.
Celtic woods therefore have no trademark entitlement to wooden doweling which falls under class 20 and therefore cannot be brand holders of these items.
I respectfully ***** ***** these be returned to carlton paper sticks ltd as the original raiser of these items, we are also brand registered our trademarks correctly cover class 20 dowelling, and also class 6,16 and 21.852665344148 3mm Dowel
852665344155 4mm Dowel
852665344162 5mm dowel
852659982165 6mm dowel
852659982172 8mm dowel
852659982189 10mm dowelI added this item in 2014 using the asin 852665344148 3mm Dowel
I manufacture this item and am the brand ownerHowever celtic woods hijacked my item and added them selves as the manufacturer and the brand owner this because they became brand registered before carlton paper sticks ltd but this dose not allow them to take this item.I have now trade marked my items and am brand registered and require ownership back of items i raised and produce.
Customer: replied 16 days ago.
amazon can see their end that i raised these items and have confirmed such

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.

However, if you do not want a phone call, please cancel the offer for a Premium Service Phone Call and you will not be charged extra.

You may have a claim for Intellectual Property Rights (“IPR”) Infringement against the other party for the profit that they have made on using your “work” without your express permission unless you have signed a written assignment of your IPRs.

Your cause of action is in Copyright and Trademark Infringement, which arises naturally as soon as someone commits text to paper or computer screen.   The copyright to the text of this conversation is owned by me!   However, it is a very weak right and the burden of proving copying and direct financial loss because of the infringement is very high.   However, the images may be protected under an EU Creative Commons Licence which is stronger.

Damages for IPR Infringement are account of profits to the claimant for monies obtained through use of the work.

There is a six-year limitation period for a Claimant to issue Court Proceedings for IPR Infringement from the date that the infringement was first discovered by the Claimant or first ought to have been discovered.   IPR Infringement is a “continuing tort” and a claimant’s cause of action in law against the defendant is refreshed each day that the tort continues.   Therefore, a claimant may issue court proceedings, but damages can only be recovered for that part of the loss which arose within the six-year period prior to the commencement of proceedings.

You should seek legal advice as soon as possible after you are aware that your legal rights may have been breached by another party.   I suggest that you instruct specialist IPR Solicitors to review this matter in full, advise you on your prospects of success and commence any IPR Court Proceedings on your behalf.

Ed Turner and 2 other Law Specialists are ready to help you

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