Palmer Biggs threaten legal action counterfeit fabric? eBay

[Haunter]

Firstly, refer these solicitors to the on-line store your purchased the fabric from, and inform them that you purchased the fabric innocently and in good faith, and therefore they do not have a cause of action to pursue you for any damages they claim, their client's cause of action lay against the on-line store.

 

Secondly, this 80 - page letter they have sent you seems to be excessive and possibly designed to cause you distress and anxiety and confusion so as to get you to pay up.

 

They will have to prove that you knew the fabric was fake when you purchased it and that you knew the fabric was fake when you advertised for sale, and that you intended to make gains and benefits from the sale. They will also have to prove that you knew you were breaching copyright law on the said fabric.

 

Merry Christmas

 

Haunter

[Haunter]

As the on-line store has been shut down for selling counterfeit goods, its assets might be frozen or confiscated, and so the solicitors are trying to recover any sum claimed as a loss from you!

 

You are not legally responsible for the claimed loss.

 

Carry on sowing.

 

Haunter

 

The OP (yaliyas) has provided more than sufficient information on this matter.

 

My above letter is a "suggested draft letter" and "AMEND AS YOU WISH".

 

The case is straightforward based upon the details provided so far.

 

Haunter

[Haunter]

Where an infringer did not know and had no reason to believe that copyright or design right subsisted in the work, the rights owner cannot claim damages (albeit there is still infringement). This protection is prescribed in s.97 of the Copyright, Designs and Patents Act of 1988, which provides:

97 Provisions as to damages in infringement action.E+W+S+N.I.

(1)Where in an action for infringement of copyright it is shown that at the time of the infringement the defendant did not know, and had no reason to believe, that copyright subsisted in the work to which the action relates, the plaintiff is not entitled to damages against him, but without prejudice to any other remedy.

(2)The court may in an action for infringement of copyright having regard to all the circumstances, and in particular to—

(a)the flagrancy of the infringement, and

(b)any benefit accruing to the defendant by reason of the infringement,

award such additional damages as the justice of the case may require.

Therefore, as a matter of law, the material set out in my posts are 100% correct in law, and yaliyas has a statutory defence against the claim made against her by Palmer Briggs on behalf of their client.

Yaliyas owes them nothing and cannot be sued for any monies.

Merry Christmas

Haunter

[Haunter]

The sols letter is clearly saying "importing and selling" the goods, and goes on to say that no consent has been given for advertising the goods.

 

Yaliyas would not know that consent had not been given, therefore, although there is an infringement, the infringement is an innocent one, s.97 of CPD Act 1988 applies to her case.

 

I have not misapplied the law to the circumstances of this case.

 

Further, yaliyas is clearly not importing and selling the goods.

 

There is no case for yaliyas to answer.

 

Merry Christmas to all

 

Haunter

[Haunter]

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