Ebay. GHD Straighteners. Solicitors. Help Please!!!

Jason1972_2

Sorry for this being long

Hi there
My partner bought a pair of supposedly genuine new GHD Mk 4 Straighteners at a boot fair approx 10 weeks ago. She paid £25 for them. My partner kept them and kept them without being used then decided to sell them as did not think she would ever use them. We listed them on Ebay and had considerable interest. After a few days they were taken off with Ebay stating Trading Violation as the reason. I then looked into it and found that there was a lot of fake ones floating about, after finding from various places what are genuine ones and what are fake i decided to relist them (due to my partner and myself believing them to be genuine). Again they were taken off for the same reason. We then had a limited ebay account. We sorted that out and decided to hold onto them and give to a family member as a gift.
Yesterday Saturday 21st June my partner recieved a letter through the door from a Solicitors Firm in Manchester called JMW, here is most parts of the letter below.

Dear Ms ********

We act for Jemella Limited the famous hair company and owner of the GHD brand. Through extensive sales, advertising and marketing in the UK, Jemella has aquired a very substantial reputation in this country. In particular ghd had become very well known in the UK and internationally. You are no doubt aware of the considerable reputation and goodwill built-up in the brand in the UK.
Our client has various trade mark registrations covering a number of classes and various products including the following. CTM Registration No 2860518 for GHD in classes 3,8,9,11,21 and 25 in respect of inter alia, "electrical hair straightening irons"
We enclose a copy of the registration for the above named registered trade mark (the "Trade Mark")
It has come to Jemella's attention that you are supplying hair straightening irons via Ebay which bear the trade mark but are not manufactured by or with the authority of Jemella and therefore are counterfeit (the "Irons").
Your dealings in these articles amount to trade mark infringement under Article 9(1) (a) of council regulation 40/94/EEC. Your dealings in these articles also constitute a misrepresentation to the public that your products are in some way connected with Jemella, when in fact they are not. This representation will cause damage to our clients business and goodwill and, as such, your acts constitute actionable passing off.
The irons also feature a photobox on which an image (the "i image") appears which is an exact or substantial reproduction of the image on one of our clients photoboxes and as such your dealings in the irons are also in breach of Section 19 of the Copyright, Designs and Patents Act 1988, being an unauthorised reproduction of Jemellas copyright protected work.
Such acts entitle are client to seek injunctions from the High Court to restrain further unauthorised use of Trade Marks, acts of passing off and copyright infringement; an order that you deliver up all infringing items in your possession; an order that you disclose your suppliers and channels of distribution, together with any other information relating to your dealings in the infringing goods; as well as orders for damages sustained by Jemella and legal costs incurred by Jemella consequent to the action taken to enforce their rights. We also draw to your attention that our client would be entitled to be compensated for the loss it has sustained as a result of your unlawful activities which since the passing of the intellectual Property (Enforcement etc) Regulations 2006 will include any moral as well as actual prejudice sustained by Jemella.
Naturally our client would prefer to settle this matter on the basis of undertakings as attached. These include undertakings that you will immediately cease all dealings in the Irons and confirm that you have not since receipt of this letter disposed of any of the irons in your posession or control, will deliver up all goods bearing the trade marks and/or the image still within your possession or control (or hold these goods to our clients order pending further instructions), pay compensation in respect of your dealings in infringing goods to date and provide full details of all your dealings in these goods. The figure for compensation has been left blank and willd depend upon how many of the infringing goods you have sold to date.
We shall advise our client to take all steps necessary to protect their intellectual property rights if we do not recieve executed settlement undertakings from you before the close of business on 4 July 2008. You will note in the undertaking that you are required to contribute towards our clients legal costs to date. If our client is compelled to issue proceedings its legal costs will, understandably, escalate.
As detailed in the enclosed undertakings, please make any cheques payable to JMW Solicitors.
We would strongly recommend that you seek independent legal advice as to the contents of this letter. Should you have any queries with regard to this letter, Please contact **** ******** citing our reference number.

Yoyrs faithfully
JMW Solicitors.


Phewwwww sorry for being so long. Wanted to put the whole main part of letter as need some help with this.
Also attached with the letter is the undertakiings which my partner has to sign and send back to them.
Basically in the undertakings they want to know all details of who we got them off, all invoices etc etc. The item(s) sent to them, and then the good part a cheque for £350 (which will increase if these undertakings are not promptly given and/or i do not comply fully with these undertakings) for their legal expenses, and also another cheque which would represent a reasonable sum for damages, plus a few other bits.


Any help would be greatfully appreciated.
Jason & Kay

firesidemaid

just wanted to help - but have no experience really.

perhaps as you listed them twice, they think you were 'selling' them ie. as a business.

2 thoughts - you could ask for help on the ebay forums on ebay. some of the pro-sellers may be able to help you.

also, could you either have your 'free' 15 mins with a local solicitor. or do you have legal cover with your home policy? does your workplace, union etc provide any legal help either?

all i can say is gosh! and good luck.

bingo_bango

I think you need to go back to the solicitors immediately citing the fact that these were bought in good faith from a sale, and that since you were advised by eBay not to sell them, you simply gave them away as a gift. Legal expenses of £350 for one letter are extreme, and I know I would certainly stand in front of a trial judge before paying it.

I'm sure you'll get all sorts of advice from the members here, and some may be useful, but before you make a decision, you should contact your own solicitopr, and ask for their advice. Better to pay a few pounds for sound legal advice, rather than take poor advice away from someone you don't know on a net forum, and end up out of pocket.

Whatever you decide to do, I wish you luck.

Jason1972_2

Thanks for reply
Its worrying my partner no ends at the moment and would be the last person in the world in my opinion to try and sell a fake item. If she had a clue that they were fake then she would not even considered buying them, but was sold them well by the seller at the bootfair.

jasmineswhiskers

JMW Solicitors definately exist and do seem to specialise in this sort of thing (google their website). Also GHD/Jemella do seem very strict on the listing of their products (googled again). I would suggest visiting your local citizens advice bureau.

Jason1972_2

My partner is at work tomorrow and i am off so am going to try and find a local solicitor to get some advice from. Might try CAB but dont know if they will be able to help much or not.

amcluesent

Was the letter sent registered/signed for? If not, I'd ignore - the post is terribly unreliable - and await developments. They probably sent out 100s of these letters and work on 10% being responded to.

Jason1972_2

The letter was sent by normal post and just put through the letter box. Can they get this sort of money from my partner though, we don't have a great deal even though we both work.

jasmineswhiskers

Have a read of this thread - seems it's happened to hundreds of people! Might be some people who can help.
http://www.thelaw.com/forums/showthread.php?t=18664

Jason1972_2

Thanks will have a look at now and keep you all informed.
Thanks again

meester

Jason1972 wrote: »

Sorry for this being long

Hi there
My partner bought a pair of supposedly genuine new GHD Mk 4 Straighteners at a boot fair approx 10 weeks ago. She paid £25 for them. My partner kept them and kept them without being used then decided to sell them as did not think she would ever use them.

Surely you must have known that new GHD straighteners cost £100, not £25?

I can only applaud their actions, as there are far too many people selling fakes on ebay, and it's a nightmare for unsuspecting buyers.