Jump to content
  • Tweets

  • Posts

    • You can get the warning messages interrogated at an independent, this also shows what’s been reset in the past on most cars. You could consider getting this done to see if it confirms your suspicions. But please double check that they can get resets on a Jeep
    • Indeed, I will have a chat with the solicitor first. I took a drive to the car trader yesterday (24 Oct) who sold the car in Au-2020 and they confirmed they had it, and sold it in Aug-2020 (and I have all the proof e.g. Gumtree website, and their Facebook posts). They also said they run an HPI check, and that the seller took his own finance company instead what the car trader was offering. He also said no finance company can finance a car if it is already under finance, he said just let your solicitor deal with it.   Well, it's corona period, I am unemployed now, and I don't want to 'fork out money for a solicitor with the chance loosing the car, and the money I paid for it, and the cost to a solicitor (therefore I am doing as much as possible my own research to keep the cost low). Since public transport in the UK is quite expensive, and very very time consuming, I purchased the car in case I have interviews anywhere in England, and also drive back and forth to visit my fam in Holland (which will save me more money then using the public transport./air/etc.).   Well, that the seller says he feels threatened by me is beyond me, but then again he may get advise from cronies; what I do know, he is afraid as hell if I show up at his workplace. The car rental company sells cars too, so nothing stops me to contact the company and inquire if their employee sold a car on behalf of the company as he used company properties. This is more or less a tactic from my side to pressure him so that he tells what honestly is going on and get a paper of good faith signed. Well, for now, I will ask the solicitor to do all this. It's amazing how some people, with a good job, and maybe family, can pull stunts like this without shame or fear.
    • I think I have managed this after a few tries.  To make sure that I have the correct calculation,  is the 'interest at 8% Simple' in Row 20/Column K meant to be £86.95 for £12.15 or I have used the spreadsheet incorrectly?  Looking at their letter again, they state they have paid 'statutory rate of 8% from 1 April 1993 and at 15% before that'.  Their breakdown does not provide the difference in % from the dates mentioned above.  How would this be calculated?   Also is the statutory rate paid for the lifetime of the loan only or to the current date that they made their decision?  You have been so helpful in providing these spreadsheets.  Thank you.  
    • Correct bankfodder I am   Got a friendly mechanic coming to look at it some point next week he's said not to attempt to run engine until then   Sorry its been a long week of constant issues and brain fried completely    Will get complaint about service in first and mention that we may be looking further depending on mechanical report
    • 50K signatures on Petition against the ban https://petitions.senedd.wales/petitions/244282   There are two camps here, the save the NHS and the local control is best like Ceredigion with rates so low due to them implementing their own local Test trace isolate away from the English Dido/Serco mashup that Drakeford bought into for Wales as well, with such anomalies as aschool dinner lady in Bangor being offered a test in Inverness, a 900 mile round trip.  Second group blindly support Drakeford's ban even suggesting Online shopping for the non essential items should be banned, and mask wearing compulsory even in our own homes.
  • Our picks

    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies
    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
      • 49 replies
    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
        • Thanks
      • 3 replies
    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
        • Thanks
        • Like

Copyright infringement, advice needed


Please note that this topic has not had any new posts for the last 1622 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

I am writing on behalf of a friend. I do apologise if this is within the wrong thread.

 

My friend is a designer of a certain range of garments. She has a very particular signature style across her designs and has been in business designing such products since 2014. I understand the garment itself and its construction isn't copyrighted, however, her designs, which include texture, layout, colour and overall feel are protected automatically as the creator, is this correct?

 

It has recently come about that several new competitors have entered the market and have been copying and/or deriving designs from the original designs my friend has created. These designs are so close in comparison, that it could be easily misrepresented as one of hers and therefore damage her reputation, not to mention the financial loss.

 

A cease and desist letter was sent to all parties, however, this has so far been unsuccessful. I contacted each of them posing as a customer and asked that they might recreate one of her very best designs for me, and I got a resounding "yes of course, it'll cost xxxx". This clearly show that the competitor in question has no moral issue with the blatant copying of other people's intellectual property, and I wonder what rights my friend would have to fight this.

 

My concern is that if the competitor realises that nothing can be done, this will give her more reason to then continue copying and potentially get even worse in a bid to annoy.

 

What is the best course of action for such a case? Obviously my friend owns the right to her style and there are laws that are to protect her, however, with costs and such, it's a sticky position.

Link to post
Share on other sites

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

I've read some of this previously but the second link was particular insightful. Thank you for your response Andy. It has helped to put some things into perspective and I may have an idea.

Link to post
Share on other sites

Thank you. I'll check it out. The concern we have is that the designs are ongoing and cost prohibitive to register every item.

 

Another question if I may. If I push this person to actually recreate the design, would that become Deliberate infringement? and if so, am I right to think this comes under criminal law then and my friend would have a stronger case?

Link to post
Share on other sites
Thank you. I'll check it out. The concern we have is that the designs are ongoing and cost prohibitive to register every item.

You register a design rather than an individual item. If the same design is used across different items, I imagine you'd only need the one registration.

 

Another question if I may. If I push this person to actually recreate the design, would that become Deliberate infringement? and if so, am I right to think this comes under criminal law then and my friend would have a stronger case?

Well if they haven't created infringing designs in the first place then they haven't done anything wrong.

 

I don't think your involvement would have any bearing on whether the copying is 'intentional' or 'unintentional'. Surely that is determined by the fact that a cease and desist letter has been sent. You may however create helpful evidence if keeping a proper record of emails.

 

To be clear, there is a criminal offence committed for marketing/selling/creating works which are known to infringe copyright. There is also criminal liability for intentionally copying registered designs. There is no criminal liability for copying unregistered designs.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...