Letters from Palmer Biggs Legal

[HarryPat]

Hi,

 

I have read numerous threads on the firm Palmer Biggs Legal, but still unsure what to do or how to proceed with a response as their tactics seem quiet forceful and also unreasonable with regards to costs asked for etc.

 

I run a very small, loss making Ltd company, which specialise in aftermarket parts for BMW. The site is of our own design however as we specialise in the BMW brand, we did use a resemblance of the BMW logo as a favicon for example in our URL, an some of our replacement parts are supplied with separate BMW logos as they are required to complete the look of the complex replacement part.

 

They claim as the photos of some of our products have trademarked logos on them we are IP infringement and that also customers could be confused to the original source of the parts i.e. they are genuine. I feel this hard to believe as the parts we sell are not even offered by BMW in the first place (we offer replacement parts but in different colour to OEM parts). However, the OEM part has a BMW logo them, which we need to supply in order to provide a good replacement.

 

We have assumed that when we acquired the badges that accompany a few of our products that the supplier had rights to the logo etc. There was never as conversation about IP infringement when purchasing the badges. However, the badges have now been removed as we haven't sold any for over a year or more and also to save future headaches.

 

I must stress that we do not manufacture any of the products or the badges, custom or replacement that are supplied with a very few of the parts that we believe are required in order to complete the look of the replacement part. Nor do we claim anywhere on the site that parts are genuine or affiliated with BMW.

 

We received the original letter over a month ago asking for costs of over £1000, which included the firms research (basically screening shots of the site) and asking we sign their agreement etc and disclose stock, profits and suppliers etc. Reading advise on the forum , I did not engage with Palmer Biggs bit did contact BMW directly as I have nothing to hide and the also firm had made some mistakes on their original letter, which made me feel that the letter could be a fake or not a genuine. I was told by BMW that the firm does represent them for IP infringement and that I should do what they say etc. I also received a letter from Palmer Biggs with a photocopy of a letter, which implies they do represent the BMW group.

 

Today I received another letter from the firm informing me that as we have not formally responded their client is looking to escalate proceedings if i do not sign their agreement with a daft court letter with Palmer Biggs claiming up to £15,000 in costs and damages on behalf of BMW.

 

Considering we have not sold many of the items they originally highlighted for over a year on the site and we are a company operating at loss can they really claim that amount? I'm unsure of how to respond, they have given 7 days to reply.

 

Advice would be appreciated.

Edited September 19, 2015 by HarryPat

[caro]

It's not their problem if you're making a loss. From an outsiders point of view I'd have thought that putting the BMW logo on non-BMW products would perhaps make them counterfeit.

 

I'll see if I can get some advice for you.

[unclebulgaria67]

Yes you can't use a companies logo without their permission.

 

From what i have seen of such situations, is that companies have to disclose their accounts, agree to remove the complained about items from sale and negotiate a deal to cover their costs.

[caro]

Seems the OP is getting advice on another thread UB and this is nothing to do with BMW.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?452357-Received-letter-from-Palmer-Biggs-Legal&p=4793279#post4793279

 

Thread closed.