I'm being sued!!

[Jaguar7777]

Oct 25, 2013 9:18:59 GMT hiddenusername said:

Oct 25, 2013 0:51:01 GMT Jaguar7777 said:

Chinese Patents?

Looser than a floozie at midnight in a brothel.

That's the reason we have so many "Knock off's" and Clones.

Ask Fasttech.


Jag. (My first big smile of the day ......)

The Chinese don't care if you are sued for selling counterfeit goods in UK.

It's the British guy that will get fined/sent to jail for selling fake goods.

Indeed .... and you can slap the importation of illegal goods on top of that. Sooner or later, one way or another, I predict that this little Chinese backdoor will be closed by political trade tinkering.

Jag. (Did I just pass the bar?)

[charon]

Just a thought, but as he is the cash and carry trader being sued, wonder what is happening to his supplier.

[fred]

Oct 25, 2013 10:16:02 GMT charon said:

Just a thought, but as he is the cash and carry trader being sued, wonder what is happening to his supplier.

He said he imports   (Probably from China)

[charon]

Goes to stand in corner....Must recite 100 times "must fully read the thread properly"

[Matt Gluggles]

Until the OP names the supposed "patent holder" and provides clear specific details about the actual product then it is impossible to give a helpful answer, otherwise they will have to make do with speculation.

One thing that is clear though - if you import any product from outside the EU (to re-sell) then you take full legal responsibility for that product. Far more simple to obtain supplies from UK/EU wholesalers especially if (as it appears in this case) it is not a product that you know about.

- Could just be a supplier trying to force the OP to purchase from them - but in the absence of any real detail being provided, that is just a complete guess on my side.

[ahmedi]

All,

I really don't want to be naming the company sending me their legal letter as I know that this could frustrate the process if I am seen to be asking anyone ie showing my lack of knowledge on the subject.

My lawyer charges £250 per hour for a junior researcher to do what I am doing so I am trying to he more reliable information from people that probably have a clue!

I do import them from China but I pay import duty, vat and had both batches tested. I believe I have done everything by the book. I am responsible and I am sure the company woul prefer to sue me rather than the factory.

The 'patent' is called a Community Design Registration and it is solely regarding the diamond tip. I admit that I launched a few weeks after they had their registration in place but how was I to know this!

I need to somehow discover an EU non nicotine disposable. Somme people call them e-shishas. I cannot find anything online that can support me in any way.

My hope is that they will not follow up but I do not want this company wasting my time and putting a claim in.

They are profitable. I make 24% net and my customer 42% POR. It would be much more if I hadnt gone to so much trouble making sure they are fit for the UK market

Appreciate any help and reliable information anyone can give me.

[Deleted]

ahmedi perhaps if you could post a photo of the item it would give us a better idea of what we should look for.

[hiddenusername]

Oct 25, 2013 16:51:36 GMT ahmedi said:

I am responsible and I am sure the company woul prefer to sue me rather than the factory.

of course they would, they will get money out of you and just a load of wasted money and hassle from the factory, if you where responsible you wouldn't be importing products without checking and double checking everything first

The 'patent' is called a Community Design Registration and it is solely regarding the diamond tip. I admit that I launched a few weeks after they had their registration in place but how was I to know this!

you cant just buy and sell stuff as a business without knowing what you are buying and selling, ignorance is not a defense, life lesson right here my friend.

My hope is that they will not follow up but I do not want this company wasting my time and putting a claim in.

and they do not want stupid people selling fakes of their goods . . . . . or did you already work that one out . . . . ?

They are profitable. I make 24% net and my customer 42% POR. It would be much more if I hadnt gone to so much trouble making sure they are fit for the UK market

[hiddenusername]

sorry for being harsh but selling fakes is theft

not knowing something was stolen then selling it on for a profit is basically aiding and abetting/funding fakes

42% profit ? if it looks too good it usually is.

[Matt Gluggles]

My advice :

email Vapelux ( vapelux.com/home.html )

They will be able to supply you with a wholesale deal for their e-shisha products from UK stock, so you won't need to mess about with Customs or worry about product safety etc. They are ECITA members so you know that the company complies with all the relevant regulations. They are generally considered to be the market leader, in terms of quality, for the e-shisha product.

Then you can put the letters you have received in the bin and forget about it.

.

[fred]

Oct 25, 2013 12:43:52 GMT Matt Gluggles said:

Until the OP names the supposed "patent holder" and provides clear specific details about the actual product then it is impossible to give a helpful answer, otherwise they will have to make do with speculation.

One thing that is clear though - if you import any product from outside the EU (to re-sell) then you take full legal responsibility for that product. Far more simple to obtain supplies from UK/EU wholesalers especially if (as it appears in this case) it is not a product that you know about.

- Could just be a supplier trying to force the OP to purchase from them - but in the absence of any real detail being provided, that is just a complete guess on my side.

Oct 25, 2013 16:51:36 GMT ahmedi said:

All,

I really don't want to be naming the company sending me their legal letter as I know that this could frustrate the process if I am seen to be asking anyone ie showing my lack of knowledge on the subject.

My lawyer charges £250 per hour for a junior researcher to do what I am doing so I am trying to he more reliable information from people that probably have a clue!

I do import them from China but I pay import duty, vat and had both batches tested. I believe I have done everything by the book. I am responsible and I am sure the company woul prefer to sue me rather than the factory.

The 'patent' is called a Community Design Registration and it is solely regarding the diamond tip. I admit that I launched a few weeks after they had their registration in place but how was I to know this!

I need to somehow discover an EU non nicotine disposable. Somme people call them e-shishas. I cannot find anything online that can support me in any way.

My hope is that they will not follow up but I do not want this company wasting my time and putting a claim in.

They are profitable. I make 24% net and my customer 42% POR. It would be much more if I hadnt gone to so much trouble making sure they are fit for the UK market

Appreciate any help and reliable information anyone can give me.

OK - this very thread is surely showing your lack of knowledge on the subject.

A Community Design Registration is NOT a patent!

If you want reliable help, you really need to dicslose all the information you have in order for us to help you.

You could start by following @freefromsmoking's suggestion below.

Oct 25, 2013 16:58:46 GMT @freefromsmoking said:

ahmedi perhaps if you could post a photo of the item it would give us a better idea of what we should look for.

[hiddenusername]

Oct 25, 2013 17:31:22 GMT Matt Gluggles said:

My advice :

Then you can put the letters you have received in the bin and forget about it.

.

really ?

so if I go and sell a load of fake stuff, then when I get summons I just sell legit stuff instead, all the legal stuff will go away ?

do you honestly think that's how it works ?

ill give you some free biz advise, it doesn't work like that.

[Matt Gluggles]

Oct 25, 2013 17:48:22 GMT hiddenusername said:

Oct 25, 2013 17:31:22 GMT Matt Gluggles said:

My advice :

Then you can put the letters you have received in the bin and forget about it.

.

really ?

so if I go and sell a load of fake stuff, then when I get summons I just sell legit stuff instead, all the legal stuff will go away ?

do you honestly think that's how it works ?

ill give you some free biz advise, it doesn't work like that.

Thanks for the offer your "free biz advice" - but I will politely decline the offer.


.

[hiddenusername]

woo

p.s.

itdoesntworklikethat

[Matt Gluggles]

thisishowitworks

There is no evidence that he has been selling "fakes", merely that someone, somewhere, believes that they have a patent for a diamond plastic tip that goes on the end of a £5.00 disposable e-shisha.

The chances of that patent claim holding up is next to zero.

- A "try it on" letter from a company is not a legal summons.
- a copyright issue is a civil matter, nothing to stop him trading as normal.
- a false allegation that a wholesaler is selling "fakes" or is "not legit" could be libelous, so it might not be him that is getting the summons after all.

Fake: a product produced or labelled with the intention of misleading the purchaser as to the brand or manufacturer.

No evidence that the product that the OP has was falsely labeled, or aimed to mislead as to the brand or manufacturer - merely that it had a clear plastic tip that someone else thought was their copyright (!)


.