**** Urgent Legal Help Required ****

maj

Last year i brought some gillette m3 power blades for my personnel use, When buying these blades from the seller I confirmed with the seller if these were authentic, the seller confirmed these are made for the European market. As far as I was concerned I was buying authentic Gillette blades on eBay.


I have now resulted to electric shaving and do not require these blades anymore so I am selling these back on eBay. Few weeks ago my auction was removed on ebay for selling conterfit items i.e these blades, The same blades are still being sold on ebay to this date. Today I received a letter from procter & gamble requesting me to sign a letter stating i must stop selling thse item, take an oath, and pay a sum the the damage they have suffered or face legal action.


As far as I am concerned I am a victim in this matter, All items I brought were under the impression of the items being authentic and brought on eBay from a seller who has sold many of these items on eBay.

THIS IS THE LETTER THEY SENT ME, I HAD ONLY SOLD 5 ITEMS, AGAIN I THOUGHT I WAS BUYING AUTHENTIC ITEM, AND THEY HAVE NOT SAID ANYTHING OF HOW MUCH I SHOULD PAY:

"
Re: Counterfeit M3 Power Razor Blade Cartridges.
As you know, Gillette are manufacturers and distributors of the well-known GILLETTE range of shaving products. The GILLETTE name is applied to, amongst other things, razors and razor blade cartridges. Gillette has been selling such products in the UK under the GILLETTE name for almost one hundred years and is the global leader in the razor and razor blade market. The M3 Power razor was introduced in the UK in 2004 and is marketed under the names GILLETTE and M3 Power in distinctively designed packaging. In the past year Gillette has spent in excess of £5 million in advertising and promoting the MACH3 family of shaving products, of which M3 Power is the latest in the range, in the UK. Accordingly, Gillette is the owner of extremely valuable goodwill in the UK in relation to the names GILLETTE, MACH3, MACH3 TURBO and M3 POWER as applied to razors and razor cartridges as well as the get-up of the M3 Power product packaging.
We have become aware that you have been selling and/or offering for sale on EBay counterfeit M3 Power razor blade cartridges in the United Kingdom. The packs are labelled "Gillette" and "M3 Power" and adopt an almost identical get-up to that of genuine GILLETTE M3 Power products. However, the packs contain blade cartridges which were not manufactured by Gillette and are of significantly inferior quality to genuine GILLETTE M3 Power blade cartridges. For ease of reference we shall refer to these counterfeit packs of razor blade cartridges and any similar packs of razor blade cartridges as "Infringing Products".
The similarity of the Infringing Products to our products is such that it is an obvious and t1agrant attempt to misappropriate the considerable reputation and goodwill we have generated in our product range. Given the low quality of the Infringing Products, it is inevitable that dealings in such products will cause damage to our reputation for products of the highest quality. As such, any dealings in the Infringing Products amount to passing off in infringement of our common law rights.
- 2-
Gillette is the proprietor of the following trade marks:-
UK Registered Trade Mark No. 1168093 for the word GILLETTE in respect of inter alia, razor blade cartridges.
Community Trade Mark No. 3630084 for M3 power registered in respect of, inter alia, razor blade cartridges.
Community Trade Mark No. 3380342 for the words M3 in respect or~ inter alia, razor blade cartridges.
Extracts from the UKJOHIM Community Trade Mark register relating to these Trade Marks can be provided if you so request. The use of these trade marks on the Infringing Products amounts to an infringement of our trade marks.
We require you to sign the attached Undertakings to prevent any further dealings by you in counterfeit Gillette products. Please read the undertakings care/idly as signing thell! requires you to do several things, including to deliver up all Inji-inging Products to us immediately. JIVe also recommend that you seek urgent legal advice in relation to this matter.
The Undertakings must be signed and retuned to us by fax (01784474549) by noon on 5'" l'\ovcmbcr 2007. If we do not receive the signed Undertakings within that time period, we may instruct commencement of proceedings against you in the High Court without further notice.
Please keep this matter confidential from your supplier. Thank you.
UNDERTAKINGS
To: THE GILLETTE COMPANY of Prudential Tower Building, Boston,
Massachusetts 02199, USA; and Procter & Gamble UK of The Heights, Brooklands, Weybridge, Surrey, KT13 OXP.
IN CONSIDERATION of your refraining from applying to the High Court of Justice for an injunction to restrain us from passing off and/ or infringement of UK Registered Trade Mark Nos. 1168093 and/or Community Trade Mark No. 360084, and/or 338042 or for any other relief relating to our dealings in counterfeit GILLETTE M3 Power products, I hereby UNDERTAKE as follows:
I. I shall forthwith cease all sales, offers for sale, exposures for sale, purchases, promotion, import, export or other dealings in shaving products (including but not limited to razor blade cartridges) which are not manufactured by Gillette and which (a) are sold under a name the same as or similar to GILLETTE, M3 POWER; or (b) are sold in packaging which is the same as or similar to genuine GILLETTE product packaging.
2. Without prejudice to the generality of the undertaking contained in paragraph 1 above, I shall forthwith cease all sales, offers for sale, exposures for sale, purchases, promotion, import, export or other dealings in razor blade cartridges or packaging for razor blade cartridges which are not manufactured by Gillette but which are the same as or similar to the counterfeit M3 POWER razor blade cartridges and packaging sold by me.
3. By the 5th November 2007, I shall confirm that I have no stocks of Infringing Products in my possession, custody or control. In the event that any stocks of Infringing Products come into my possession, custody or control in the future (inadvertently or otherwise) I shall deliver up all such stocks to Brand Solutions at the address below, as you direct.
4. I shall immediately:
a) deliver up all stocks of Infringing Products in my possession to Brand Solutions at Agricola Court, Station Road, Launton, Ricester, Oxfordshire OX26 SEE;
b) disclose to yon the identity and address of the supplier(s) of the
Infringing Products; and
c) disclose to you all details of dealings I have had in Infringing Products to date, including, without limitation, all documentation in my possession, custody or control relating to such dealings, including, without limitation, true and complete copies of all documentation relating to the import, purchase, supply, offer for sale, exposure for sale and/or sale of the Infringing Products.
S. If requested by you, I shall confirm on oath within seven days of being requested to do so that:
a) [have complied with the undertaking contained in paragraphs above; and
b) the information and documentation disclosed to you pursuant to the undertakings outlined in paragraphs above is tme and complete.
6. I shall pay you a sum to be agreed between us in respect of the damage you havc suffered (or, at your option, an account of our profits) and the costs you have incurred in connection with our dealings in the Infringing Products. In default of an agreement I agree to submit to a damages inquiry (or, at your option, an account of profits inquiry) in the High court
7. of England and Wales.
8. In the event that the information or documentation disclosed by us pursuant to the undertakings in paragraphs above is inaccurate or incomplete or ] otherwise breach these undertakings, I acknowledge that you may commence proceedings against me in respect of any and all dealings I have had in the
Infringing Products (including those disclosed by me pursuant to these undertakings) and seek relief (including any damages or account of profits and costs) in respect of any and all dealings I have had in the Infringing Products. for the avoidance of doubt, I acknowledge that in the event that the information or documentation disclosed by me pursuant to the undertakings in para6'Taphs above is inaccurate or incomplete or I otherwise breach these undertakings, the undertakings given by me in paragraphs above will remain in full force and effect whether or not proceedings are commenced by you in accordance with this paragraph. "



Any advise or guidence of what i should do???

maj

Last year i brought some gillette m3 power blades for my personnel use, When buying these blades from the seller I confirmed with the seller if these were authentic, the seller confirmed these are made for the European market. As far as I was concerned I was buying authentic Gillette blades on eBay.


I have now resulted to electric shaving and do not require these blades anymore so I am selling these back on eBay. Few weeks ago my auction was removed on ebay for selling conterfit items i.e these blades, The same blades are still being sold on ebay to this date. Today I received a letter from procter & gamble requesting me to sign a letter stating i must stop selling thse item, take an oath, and pay a sum the the damage they have suffered or face legal action.


As far as I am concerned I am a victim in this matter, All items I brought were under the impression of the items being authentic and brought on eBay from a seller who has sold many of these items on eBay.


Any advise or guidence of what i should do???

THIS IS THE LETTER THEY SENT ME, I HAD ONLY SOLD 5 ITEMS, AGAIN I THOUGHT I WAS BUYING AUTHENTIC ITEM, AND THEY HAVE NOT SAID ANYTHING OF HOW MUCH I SHOULD PAY:

"
Re: Counterfeit M3 Power Razor Blade Cartridges.
As you know, Gillette are manufacturers and distributors of the well-known GILLETTE range of shaving products. The GILLETTE name is applied to, amongst other things, razors and razor blade cartridges. Gillette has been selling such products in the UK under the GILLETTE name for almost one hundred years and is the global leader in the razor and razor blade market. The M3 Power razor was introduced in the UK in 2004 and is marketed under the names GILLETTE and M3 Power in distinctively designed packaging. In the past year Gillette has spent in excess of £5 million in advertising and promoting the MACH3 family of shaving products, of which M3 Power is the latest in the range, in the UK. Accordingly, Gillette is the owner of extremely valuable goodwill in the UK in relation to the names GILLETTE, MACH3, MACH3 TURBO and M3 POWER as applied to razors and razor cartridges as well as the get-up of the M3 Power product packaging.
We have become aware that you have been selling and/or offering for sale on EBay counterfeit M3 Power razor blade cartridges in the United Kingdom. The packs are labelled "Gillette" and "M3 Power" and adopt an almost identical get-up to that of genuine GILLETTE M3 Power products. However, the packs contain blade cartridges which were not manufactured by Gillette and are of significantly inferior quality to genuine GILLETTE M3 Power blade cartridges. For ease of reference we shall refer to these counterfeit packs of razor blade cartridges and any similar packs of razor blade cartridges as "Infringing Products".
The similarity of the Infringing Products to our products is such that it is an obvious and t1agrant attempt to misappropriate the considerable reputation and goodwill we have generated in our product range. Given the low quality of the Infringing Products, it is inevitable that dealings in such products will cause damage to our reputation for products of the highest quality. As such, any dealings in the Infringing Products amount to passing off in infringement of our common law rights.
- 2-
Gillette is the proprietor of the following trade marks:-
UK Registered Trade Mark No. 1168093 for the word GILLETTE in respect of inter alia, razor blade cartridges.
Community Trade Mark No. 3630084 for M3 power registered in respect of, inter alia, razor blade cartridges.
Community Trade Mark No. 3380342 for the words M3 in respect or~ inter alia, razor blade cartridges.
Extracts from the UKJOHIM Community Trade Mark register relating to these Trade Marks can be provided if you so request. The use of these trade marks on the Infringing Products amounts to an infringement of our trade marks.
We require you to sign the attached Undertakings to prevent any further dealings by you in counterfeit Gillette products. Please read the undertakings care/idly as signing thell! requires you to do several things, including to deliver up all Inji-inging Products to us immediately. JIVe also recommend that you seek urgent legal advice in relation to this matter.
The Undertakings must be signed and retuned to us by fax (01784474549) by noon on 5'" l'\ovcmbcr 2007. If we do not receive the signed Undertakings within that time period, we may instruct commencement of proceedings against you in the High Court without further notice.
Please keep this matter confidential from your supplier. Thank you.
UNDERTAKINGS
To: THE GILLETTE COMPANY of Prudential Tower Building, Boston,
Massachusetts 02199, USA; and Procter & Gamble UK of The Heights, Brooklands, Weybridge, Surrey, KT13 OXP.
IN CONSIDERATION of your refraining from applying to the High Court of Justice for an injunction to restrain us from passing off and/ or infringement of UK Registered Trade Mark Nos. 1168093 and/or Community Trade Mark No. 360084, and/or 338042 or for any other relief relating to our dealings in counterfeit GILLETTE M3 Power products, I hereby UNDERTAKE as follows:
I. I shall forthwith cease all sales, offers for sale, exposures for sale, purchases, promotion, import, export or other dealings in shaving products (including but not limited to razor blade cartridges) which are not manufactured by Gillette and which (a) are sold under a name the same as or similar to GILLETTE, M3 POWER; or (b) are sold in packaging which is the same as or similar to genuine GILLETTE product packaging.
2. Without prejudice to the generality of the undertaking contained in paragraph 1 above, I shall forthwith cease all sales, offers for sale, exposures for sale, purchases, promotion, import, export or other dealings in razor blade cartridges or packaging for razor blade cartridges which are not manufactured by Gillette but which are the same as or similar to the counterfeit M3 POWER razor blade cartridges and packaging sold by me.
3. By the 5th November 2007, I shall confirm that I have no stocks of Infringing Products in my possession, custody or control. In the event that any stocks of Infringing Products come into my possession, custody or control in the future (inadvertently or otherwise) I shall deliver up all such stocks to Brand Solutions at the address below, as you direct.
4. I shall immediately:
a) deliver up all stocks of Infringing Products in my possession to Brand Solutions at Agricola Court, Station Road, Launton, Ricester, Oxfordshire OX26 SEE;
b) disclose to yon the identity and address of the supplier(s) of the
Infringing Products; and
c) disclose to you all details of dealings I have had in Infringing Products to date, including, without limitation, all documentation in my possession, custody or control relating to such dealings, including, without limitation, true and complete copies of all documentation relating to the import, purchase, supply, offer for sale, exposure for sale and/or sale of the Infringing Products.
S. If requested by you, I shall confirm on oath within seven days of being requested to do so that:
a) [have complied with the undertaking contained in paragraphs above; and
b) the information and documentation disclosed to you pursuant to the undertakings outlined in paragraphs above is tme and complete.
6. I shall pay you a sum to be agreed between us in respect of the damage you havc suffered (or, at your option, an account of our profits) and the costs you have incurred in connection with our dealings in the Infringing Products. In default of an agreement I agree to submit to a damages inquiry (or, at your option, an account of profits inquiry) in the High court
7. of England and Wales.
8. In the event that the information or documentation disclosed by us pursuant to the undertakings in paragraphs above is inaccurate or incomplete or ] otherwise breach these undertakings, I acknowledge that you may commence proceedings against me in respect of any and all dealings I have had in the
Infringing Products (including those disclosed by me pursuant to these undertakings) and seek relief (including any damages or account of profits and costs) in respect of any and all dealings I have had in the Infringing Products. for the avoidance of doubt, I acknowledge that in the event that the information or documentation disclosed by me pursuant to the undertakings in para6'Taphs above is inaccurate or incomplete or I otherwise breach these undertakings, the undertakings given by me in paragraphs above will remain in full force and effect whether or not proceedings are commenced by you in accordance with this paragraph. "

Contains_Mild_Peril

I'm not quite sure I understand what's going on here. Did Procter & Gamble supply a letter they want you to sign? If so, what did it say?

maj

thanks terry, i am not worried about the blades but the legal action!!!!

dmg24

Wowzers, how much are they asking you to pay?!!

You'll probably get better advice on the ebay board.

Ignore Terry_Tibs, he's just a big old troll.

money-stretcher

Sounds like you need to speak to a solicitor or the citizens advice bureau.

skintchick

WHy not contact Procter and Gamble, in writing, stating WITHOUT PREJUDICE at the top, and ask them what they would like you to do specifically? Without prejudice means you're not accepting any liability at this stage.

But if you've been selling a large amount then you may have to cough up. They just want you to stop really, so be humble and they may let you off.

trickytrolleys

how do gillette know you are selling fakes ?

antilles

eBay run something called Vero which allows companies to protect their property rights by having listings for fake products removed. There are lots of companies signed up to this and the upshot is that these companies can quickly get listings removed and, (although I wasn't aware of this), it appears that they can also get user's contact details from eBay and legally threaten people who they think are selling fake goods (p.s. I'm not implying in any way that you're selling fake stuff, just that Gillette obviously think you are).

I am guessing here but it seems that you've been collared by Vero and that eBay have given your details to Gillette and now they're being extremely heavy handed in coming after you.

The stuff you're selling could well be legit but if it's not then basically you're going to be in trouble for selling them on, whether or not you bought them in good faith.

Realistically if you're being threatened legally then I would take legal advice, maybe CAB can help you. I'd not list any more of these if I were you until you have spoken to someone and establish whether they are indeed fakes or the real thing.

RFW

maj wrote:

**** Urgent Legal Help Required ****

Go to a solicitor some have free initial consultations, failing that go to citizen's advice bureau. You may get some good advice on here, but it isn't something to rely on in a legal situation, even if someone says they are a solicitor you can't know they are!

Don't sign anything or respond to anything without taking professional legal advice. Get as much details together as you can, ie details of who you purchased them from, dates you purchased them, etc.

soolin

Just as a point of clarification..I have merged two threads here with the same title and from the same poster.