Copyright infringement accusation on my ebay listing... Please help!

bxboards

Seagull27 wrote: »

More updates for those who have been interested.... A further two emails, one of which does indeed ask whether the products are stolen or counterfeit; but which also quotes my breach of the Madrid Protocol:

"For some reason you have not responded to our communication yesterday. We need to establish authentically of where you acquired our product ie is it stolen, or is it counterfeit. Please give this your more upright attention.
This it is a breach of copyright for someone to use our image or Text permission under the Madrid protocol is required to replicate, copy an utilize trade patented logo, text and devices so again we request that you remove this unlawful entry."

I don't think I've ever heard anyone spout such incompetent legalese.

I hope you are still ignoring them.

samsmoot

bingo_bango wrote: »

They really are idiots. I wish I had some I could sell to see if they started writing to me. I think I'd have some major fun with them.

Definitely the right attitude.


They wouldn't have gotten this far with me as the first thing I would have said to them would probably have done the trick. If not then the second communication would have caused them to have a bit of a think before carrying on. Very, very silly people.



As it stands, I'd be like:


'Dear idiots,


Thank you for your recent correspondence.


In order to resolve this dispute will you please supply me with further details of the basis of your infringement allegations, specifically:


1. Can you please identify which Article or Articles of the Madrid Protocol you believe have been breached.


2. Can you please explain how the Article/s has/have been breached.


3. Can you please identify the remedy you are seeking.


4. Can you please confirm which legal remedy you believe you are entitled to seek.


5. Can you please confirm which legal process would be used to enforce any remedy you believe you have a right to.


6. Are you agreeable to paying all necessary costs pursuant to your allegations should they prove to be ill-founded/without merit?


7. [Repeat until bored]


Please note that there will be a £20 administration charge for this communication. All future correspondence requiring my response will also incur the same charge, in addition to any other associated costs in providing information.'


I'd expect absolute silence after sending something like this. Or even more fun.

Tunstallstoven

Still ignoring, but the threats keep coming:


"For some reason you have not responded to our communications. We need to establish authentically of where you acquired our product ie is it stolen, or is it counterfeit. As you are refusing to response to any of my messages I must assume that it is one of the above. Please give this your most upright attention and remove this as requested, or face the possibility of further action being taken against you."

Kayalana99

Seagull27 wrote: »

Still ignoring, but the threats keep coming:


"For some reason you have not responded to our communications. We need to establish authentically of where you acquired our product ie is it stolen, or is it counterfeit. As you are refusing to response to any of my messages I must assume that it is one of the above. Please give this your most upright attention and remove this as requested, or face the possibility of further action being taken against you."

Just out of curiousity how did you acquire them? I can see where they are coming from (not that I agree with what their doing) as to wanting to prove if they are stolen or fake as you have such a large quantity.

I'd me tempted to set them straight - just to get them off my back, they won't go down the legal route theirs no point.

RainbowDrops

Kayalana99 wrote: »

Just out of curiousity how did you acquire them?

From page 1

Seagull27 wrote: »

Perhaps I should add (just in case it changes anything, but I don't think it will) that I did not actually purchase the products. They were given to me by the Director of the C-Tec Eastern Diversion by way of compensation when I had an issue with using their product....

ciderboy2009

Personally I would just refer them to the answer given in Arkell V Pressdram [1971]

MsBlonde

Seagull27 wrote: »

Still ignoring, but the threats keep coming:


"For some reason you have not responded to our communications. We need to establish authentically of where you acquired our product ie is it stolen, or is it counterfeit. As you are refusing to response to any of my messages I must assume that it is one of the above. Please give this your most upright attention and remove this as requested, or face the possibility of further action being taken against you."

isn't this on the lines of harassment now?

NiallB

Seagull27 wrote: »

"For some reason you have not responded to our communication yesterday. We need to establish authentically of where you acquired our product ie is it stolen, or is it counterfeit. Please give this your more upright attention.
This it is a breach of copyright for someone to use our image or Text permission under the Madrid protocol is required to replicate, copy an utilize trade patented logo, text and devices so again we request that you remove this unlawful entry."

"Dear whoever,

Again in English please?"

ailey

Originally Posted by Seagull27
"For some reason you have not responded to our communication yesterday. We need to establish authentically of where you acquired our product ie is it stolen, or is it counterfeit. Please give this your more upright attention.
This it is a breach of copyright for someone to use our image or Text permission under the Madrid protocol is required to replicate, copy an utilize trade patented logo, text and devices so again we request that you remove this unlawful entry."

NiallB wrote: »

"Dear whoever,

Again in English please?"

My thoughts exactly. So many errors in the above message that it does not look like it's from a professional company.

Are you sure none of your mates are winding you up lol? Not long till 1st April!

I'm just thinking that if one company could win the argument on the grounds of copyright, when someone buys an item (which then belongs to the buyer), doesn't use it then sells it on EBay with their own photos and their own description and no links to any company, then EBay would be finished, as the majority of items on EBay would have Brand names attached to the listings. Just a thought for how stupid their argument actually is!

forgotmyname

Seagull27 wrote: »

Still ignoring, but the threats keep coming:


"For some reason you have not responded to our communications. We need to establish authentically of where you acquired our product ie is it stolen, or is it counterfeit. As you are refusing to response to any of my messages I must assume that it is one of the above. Please give this your most upright attention and remove this as requested, or face the possibility of further action being taken against you."

Apologies for not responding. But i assumed the men in white coats would have been round to collect you before you got to read my reply.

If they dont come to collect you soon. Please take yourself to them as you seriously need help.

Yes the product is genuine, No its not stolen. I swapped it for some magic beans.

Looking forward to your feeble attempts of legal action. Nothing mentioned in your feeble waffle actually applies.