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Vineet S
Vineet S,
Category: Law
Satisfied Customers: 4086
Experience:  Freelance Solicitor at Self Employed
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I have a company asking for money for a copyright

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Hi I have a company asking for money for a copyright infringement. I sold a few pairs of Betty boop shoes they are in America they are in contact via Etsy asking for £3000
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: no I haven’t. I’m in the U.K. they are in the USA
JA: What steps have you taken so far?
Customer: I have replied via email and said I can’t afford that and that I have closed the business and won’t need my Etsy store re opened
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 contact is via email it’s via my Etsy sales and they have closed my Etsy store. I would like to know what rights I have and if I have to pay. I don’t need my store re Instated

Welcome to Just Answer, I am a solicitor in England and Wales and I will be dealing with your case today. Please note, Just Answer is an information sharing platform in a Q/A format and does not provide legal representation in any form and as such no legal lawyer/client relationship is formed.

Kindly note, I am not available for phone calls at the moment, however I can easily assist you via this online chat.

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https://www.justanswer.co.uk/help/contact-us or via phone call - 0808(###) ###-####/p>

I will go through your question and will get back to you with my answer shortly.

Customer: replied 14 days ago.
Thank you
Customer: replied 14 days ago.
I can send there emails to you if that helps
Customer: replied 14 days ago.
The defendants operating the Defendant Internet Stores listed on Schedule A to the Complaint are hereby advised:
Plaintiff has charged Defendants with violations of United States federal and state laws prohibiting trademark and copyright infringement and counterfeiting. A Preliminary Injunction has been entered by the Court, and a Motion for Default Judgment has been filed.
Please find attached the following documents:
Preliminary Injunction Order
Motion for Default Judgment
Memorandum in Support of Motion for Default Judgment
The legal documents related to this case may be obtained from Plaintiff's attorney,***@******.*** and at the following website:
Fleischer Studios, Inc. v. The Partnerships & Unincorporated Associations Identified on Schedule A
Case No. 1:22-cv-01478
https://lawams.com/22-cv-01478
If you do not wish to litigate this matter in court, we can still offer you a settlement, which will allow you to get your account back and to have the case dismissed against you. Please see the above contact information, if you wish to settle with Plaintiff.
If you have retained legal counsel for this matter, please forward this correspondence accordingly.
Sincerely,
Attorneys for Fleischer Studios, Inc.
---
Alison K. Carter, Esq.
Intellectual Property Attorney
AM Sullivan Law, LLC
Customer: replied 14 days ago.
That is the last email they sent.

Hi there,

As the company is based in US  and you are in the UK, they would have to involve into cross-border trial , which can be very expensive.

US company first need to show that your usage is harming their business. As they were not using their trademark in the UK , so they have not acquired any common law rights over that name here in the UK. So for you to stop using their name in the UK. they would need court orders.

Even if they have US court judgement. they would have to get the judgement enforced via UK courts, to be effective in the UK.

A US judgment can only be enforced if it is for a definite sum of money for actual loss. The England and Wales court will not enforce judgments for penalties, such as fines - this means that USA-style punitive damages will not be recoverable in the UK.

A foreign judgement can still be challenged in the UK, even if the judgement is conclusive.


So, in short you do not have to pay £3000 to them , and UK courts would not allow this kind of punitive judgement , you can only be told to compensate them for the actual loss , for example paying them the full cost of their merchandise you sold .

I trust this helps.

If you need further assistance, please let me know.

In the meantime, thank you for using Just Answers. Best wishes.

Customer: replied 14 days ago.
Ok that’s brilliant thank you so much. How would you suggest I respond? Or should I just ignore them?

To be very frank, I know many people like you, who got same threatening emails from the same US law firm.

You can ignore them and if they are genuine let them come to UK courts where you can contest the judgment being unfair and unreasonable to you  as penalty being  /disproportionate to the actual loss caused to the company.

Customer: replied 14 days ago.
I have heard that these people have done the same to lots of others. I think they prey on people and worry the to the point they pay up. Xx
Customer: replied 14 days ago.
That’s great thank you so much for your help I really appreciate it. Have a great day xx

You are most welcome.

if you have any questions in future , you can get in touch by opening up a new post/question and FAO: Vineet S and I will be happy to help or can add me as  a “favourite expert” as an option.

This is possible on the “my questions” page underneath my expert profile.

Thank you. Best wishes. Have a good one too.

Customer: replied 14 days ago.
Thank you again so much

My pleasure.

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