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?

No, you aren’t breaching their IP rights if you sell genuine CK as CK.

The problem arises if you are selling fake / counterfeit .....

You say you have receipts from their store.

Yet,

you admit you bought the batch in question other than from their store,

so I’m not sure why you think the store receipts are relevant to that batch....

I understand, thank you.

I disagree that PB are powerless, since they aren’t a DCA but are solicitors.

If (& it is a big IF) CK instructed PB to issue proceedings, as CK’s solicitors, then (since PB are solicitors) : PB can issue the claim as CK’s solicitors.

I’m not saying they would / will, but they could.

In the circumstances of yaliyas's case, her infringement was clearly an innocent one, again, s.97 of the CDP Act 1988 provides her with a complete defence against the allegation made by the solicitors.

I would suggest that you point this fact out to the solicitors, and do not send them any money and do not sign any of the documents they sent you.

Haunter

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.

should have ignored them from day one.

not entered into pointless letter tennis

they cant do anything..

go find one thread anywhere that proves they can.