yaliyas
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Hello Just wanted to come back for an update and once again thank all of you for your help... - I wrote the solicitors a letter explaining the situation. - Received a letter saying their client acknowledges that I had no knowledge that the fabric that I used was counterfeit and since I have ceased selling this fabric, they would not require payment of costs provided that I sign and return the letter that they've originally sent though. - Received another letter a month later asking for the signed letter again. - I wrote to them declaring that I would never put any offending goods up for sale but didn't sign&return their letter. - Today, I received what I hope to be the final letter from them saying that as long as I'd never offer these good for sale, no further action will be taken. Many thanks for all your help.
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I understand, thank you.
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Dear Bazzas I'm confused now. Does this mean that I'm not allowed to sell any Cath Kidston fabric on eBay at all? Even if I have receipts from their store. Which I have found several when I was going though my paper drawer last night. As I've said I buy fabric from their store and other sellers on eBay/etsy and re-sell the remnant left over from projects again on eBay/etsy. Am I breaching intellectual property rights when I sell the fabric as Cath Kidston?
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You're right renegadeimp, they're trying to scare me and it's working
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I really appreciate all your help. As you can imagine I panicked and acted impulsively... Here's the letter as requested. pb letter.pdf
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But I feel like I still need to contact the solicitors (there's an email address on the letter) and I don't know what to write... How can I ask for more time? And if they give me more time, what should I be doing...
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Bankfodder, I followed your advice and rather than contacting the solicitors, I e-mailed Cath Kidston instead: “I received a letter today from Palmer Biggs IP Solicitors who claim to be acting on behalf of your company. I sew cushions, curtains, etc. as a hobby and sell the fabric leftover from my projects on eBay and Etsy to cover some of the cost of my handmade items. I live very close to Cath Kidston’s outlet and purchase most of my fabric from there and have several VAT receipts for these fabrics (and tablecloths that I use as fabric). I also purchase my fabric from other eBay/Etsy sellers and online stores… In August 2017, I found this fabric with a simple Google search and I purchased it from an online store (http://www.towntiger.com) to make curtains for our living room and dining room. I changed my mind about the curtains after I received them and decided to re-sell this fabric on eBay myself to cover the cost. I wasn’t aware that this fabric was counterfeit fabric until I checked the website today and found a notice there saying that the website is shut down for the sale of products bearing counterfeit trademarks. Since August, I have sold most of the fabric that I had and only have a little less than a metre of it left in my fabric cupboard. The letter I received today from solicitors Palmer Biggs IP say that I have to pay them over two thousand pounds to cover their fees. I can't afford to pay this much money... I am however happy to give you the money that I made from selling this fabric and handover the remaining fabric which is a little less than a metre. Can I please ask you to confirm that this letter is legitimate and advise what I need to do?”
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I've got the scanned pages now. But I've been reading the threads that you've sent through and in one of them it says that they were contacted for sharing the contents of their letter and my letter also says "strictly private and confidential - adressee only Copyright protected - no consent for reproduction in whole or in part of the contents of this letter" I really don't want to get in to even more trouble... Though I know you said you couldn't help me if you didn't have all the information...
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OK, I will. Well the draft letter is gone from the post now so I can't do anything about it...
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The part in the letter where you say "In the event of your client bringing any civil proceedings against me on his claim, I confirm the same will be defended in full measure and I will seek my costs." I feel like I'm challenging them which is not my intention at all. Am I reading this wrong? Sorry for all the questions! I did write above that I bought the fabric for £90 and sold it for £250
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Thank you so much for your help!!!
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Thank you so much for all your help. I've been reading the other threads that you sent the links to and I still don't know how I feel about this The draft letter is much appreciated though! I've gone through my emails to see how much I sold it all for and as suspected it was about £250 and I bought the fabric for £90. I have about a metre of it left and happy to hand it over to them since I can't even stand to look at it now!!! I will upload scanned copies of the first couple of pages as well as the last attachment that they're asking me to sign tonight. I think I found someone who can help me with the scanning...
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Sorry, I thought you asked for the company Cath Kidston and I replied to that twice. If you're asking for the solicitors, it's Palmer Biggs. I bought 10 metres for £90 and sold about 8 metres of it. I sold some of them in 45x50cm pieces so I'll calculate the total price in a few minutes and post here. Sorry, I wasn't trying to be difficult. I thought I was answering your questions, I'm just a bit confused, that's all.
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I didn't buy it from ebay. I searched for Cath Kidston fabric on google and found this website and it don't think it said anywhere that I can't re-sell it. http://www.towntiger.com When I visit this site now, it says that the website is shut down for selling counterfeit products.
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They bought 3 metres for £80 and another piece for £8. I must have sold a total of nine metres of this fabric so far...
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The solicitors bought the fabric from me so they have it in their hands. Cath Kidston is their customer. The letter says that this fabric was not released on to the market with their client's consent. So maybe they're not saying counterfeit but they're saying that I shouldn't have bought it online and then sold it on eBay... I got confused when I checked the website and saw the notice that says the website is shut down for selling counterfeit fabric... The letter is 50 pages (sorry for the typo above) with lots of photos of the fabric and ebay listing page printouts (you're right, it might be a scaring tactic...). I don't have the facility to scan documents so don't know how I can show them to you. Should I write them and try to explain that it wasn't my intention to sell the fabric when I bought it. The letter says that I have to sign the document that they sent through and send it to them by 02 January. I don't want to admit to something that I didn't really do. How should I word this letter? Thank you!
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I should also mention that I had less than a meter of this fabric left so I ended the ebay listing right away. Should I be seeking legal advice straight away? I've never been in a legal trouble before and don't know what to do. Sorry, not familiar with this site, should I be replying to another thread. (you said, you moved this thread to the appropriate thread...)
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Hi Yes, they're representing Cath Kidston. It seems like the solicitors bought the fabric from me pretending to be a genuine buyer and say that this is a counterfeit fabric. I sew as a hobby and buy most of my fabric from ebay/etsy and Cath Kidston's outlet store. I also sell the fabric leftover from a sewing project on eBay to cover the cost of my hobby. I bought this fabric from an online fabric store back in August who claimed the stock was genuine leftover stock. The price was good so I bought some to make curtains. When it arrived, I realised that it wouldn't be suitable for curtains so I decided to sell it. When I received the letter this morning, I checked the website that I bought the fabric and found out that it's shut down sue to selling counterfeit fabric. I never would have thought that they would make fake fabric... Like I said, I only made about £250 from selling this fabric and the 80 page letter claims I should pay them more than £2,000 in legal fees, sign and return their letter by the 2nd of January... Thank you so much for your help!
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Hi, I have received a letter from solicitors regarding 8 metres of fabric that I sold on eBay and Etsy claiming that I import and sell counterfeit products. I bought this fabric online to make curtains and then changed my mind and decided to sell them myself... They're asking for over £2,000 and the total selling price of the fabric was £250... I don't know what to do! Any help would be much appreciated. Thank you
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