Palmer Biggs Legal Solicitors & ebay

[Skibeaky]

Hi all,

New to this site expressly because hubby's business has received 'the package' today - like Dempsey40, in relation to Mini / BMW and asking £1000. Your comments have so far proved invaluable.

Any updates please?

[WonderWoman Jenny]

They are a law firm that represents BMW (amongst others) to stop people selling counterfeit goods....(Branding BMW goods).

 

 

http://www.pblegal.co.uk/index.php/about-us/clients

BMW is taking civil action in these cases - but can also pass the details to the police and Trading Standards....you have been warned!!!

Edited September 12, 2014 by WonderWoman Jenny

[BankFodder]

It's not a [problem] - they are a legal firm that represents BMW (amongst others) to stop people selling counterfeit (Branding BMW goods).

http://www.pblegal.co.uk/index.php/about-us/clients

 

Thanks. That's a relief.

[filrobbo]

Yes counterfeit gods but not just selling parts for cars that people have bought or how would garages go on or scrap yards .

[Skibeaky]

They are a law firm that represents BMW (amongst others) to stop people selling counterfeit goods....(Branding BMW goods).

 

 

http://www.pblegal.co.uk/index.php/about-us/clients

BMW is taking civil action in these cases - but can also pass the details to the police and Trading Standards....you have been warned!!!

 

Thanks, but hubby feels we are OK as our company's goods are not counterfeit. In fact the registered package he received showed all the badges etc that BMW had registered and the one hubby's firm uses isn't one of them. This includes the one used on the 'test purchase' that Palmer Biggs Legal made.

Our other concern about this 'legal firm' is that we know of other Ebay traders who have simply received a 'cease and desist' message from other companies directly, there has been no correspondence with a solicitor and certainly no demand for money towards legal costs.

 

Hubby got the second letter this week. In defiance of Palmer Biggs' insistence that their letter cannot be photocopied or passed on, he has replied that the entire package has gone to BMW, bypassing themselves as the middle man. THAT was last week, so far no reply from BMW. Watch this space.

[citizenB]

Thanks, but hubby feels we are OK as our company's goods are not counterfeit. In fact the registered package he received showed all the badges etc that BMW had registered and the one hubby's firm uses isn't one of them. This includes the one used on the 'test purchase' that Palmer Biggs Legal made.

Our other concern about this 'legal firm' is that we know of other Ebay traders who have simply received a 'cease and desist' message from other companies directly, there has been no correspondence with a solicitor and certainly no demand for money towards legal costs.

 

Hubby got the second letter this week. In defiance of Palmer Biggs' insistence that their letter cannot be photocopied or passed on, he has replied that the entire package has gone to BMW, bypassing themselves as the middle man. THAT was last week, so far no reply from BMW. Watch this space.

 

I am not sure that they can prevent you from doing that ? You are entitled to confirm that their letter is genuine and in the event that it is seek advice - the only way you would be able to do that would be to show it to or copy it for reference !

[Skibeaky]

Precisely what we thought!!!!

The exact words are: "Copyright protected - no consent for reproduction in whole or part of the contents of this LETTER." Not, you note, the package which accompanied it. If BMW confirm it is genuine then we will deal with the consequences, but our suspicion is that, while Palmer Biggs might well work for BMW, are they doing a little 'feathering of their own nest' under the BMW banner?

 

Whoops - by quoting their letter I have breached their terms... my bad...

[citizenB]

I am sure others will have comments to make about that !

[Ganymede]

Thanks, but hubby feels we are OK as our company's goods are not counterfeit. In fact the registered package he received showed all the badges etc that BMW had registered and the one hubby's firm uses isn't one of them. This includes the one used on the 'test purchase' that Palmer Biggs Legal made.

Our other concern about this 'legal firm' is that we know of other Ebay traders who have simply received a 'cease and desist' message from other companies directly, there has been no correspondence with a solicitor and certainly no demand for money towards legal costs.

 

Hubby got the second letter this week. In defiance of Palmer Biggs' insistence that their letter cannot be photocopied or passed on, he has replied that the entire package has gone to BMW, bypassing themselves as the middle man. THAT was last week, so far no reply from BMW. Watch this space.

 

What exactly are these goods your husband is selling?

 

Is he copying BMW's designs?

[filrobbo]

Looking at there web site, my thought's about them are changing, I thought they were a crew just out to make a fast buk, but I may be wrong. http://www.pblegal.co.uk/index.php/about-us

[Skibeaky]

..

[Skibeaky]

What exactly are these goods your husband is selling?

 

Is he copying BMW's designs?

 

No that's the point - they are not exact copies. You know how supermarkets use similar styles, colours, packaging to 'big brands' - they seem to have fallen foul of that.

[Ganymede]

No that's the point - they are not exact copies. You know how supermarkets use similar styles, colours, packaging to 'big brands' - they seem to have fallen foul of that.

 

We know very little but there could potentially be a breach of intellectual property rights in the form of 'passing off'.

 

If in any doubt see professional legal advice.

[Skibeaky]

We know very little but there could potentially be a breach of intellectual property rights in the form of 'passing off'.

 

If in any doubt see professional legal advice.

 

Doing just that.

[tmastermind]

I too have now been hit with the usual £1,000 cease selling etc etc by PB for alleged BMW infringement.

 

Did some research tonight on the forums and it looks like they were a bit of a sham business trying to vie for extra money to begin with but now more recent cases look like they have changed the beat a little and have tried to become a half legitimate organisation and learned from their past mistakes.

 

They still seem to have flaws and weakness such as no SRA number on the letterhead which is a violation of code of conduct but if its true about them being a representative of BMW that does scare me. Before they were not but one poster said they have confirmed by BMW UK they were being represented by these guys so I am going to chase this personally myself to double confirm this.

 

I'm currently not replying to them as they sent the letter only by recorded signed for which can be left at a property without signature so I can always say I never received the letter. I'm taking some print outs from the research done and the original documentation to CAB and see what they say.

[F3lb4d]

Any further updates Skibeaky and tmastermind? How are you both getting on?

[Skibeaky]

Any further updates Skibeaky and tmastermind? How are you both getting on?

 

We sent the letter to BMW (even though it was marked private, confidential and not to be copied! That was their view, in ours there was no reason why we should not cooy it, otherwise how could we check its authenticity?) BMW asked to see the whole package which we sent a couple of weeks ago. Since then we have heard nothing from BMW or Palmer Biggs. Keep watching this space!

 

PS The SRA number now appears at the bottom of their letter, in the 'footer'.

[tmastermind]

I Spoke to PB legal. They didn't seem to have much of a clue but I stated that I removed the listings although it was in my opinion no violation was being made.

 

I had managed to speak to someone at BMW who said that if I had received a letter regarding infringement of products, I should look at it with all seriousness and take legal advise. She also however, infromed me that it was highly unlikely that they would appoint such a small solicitor group (with little experience being that there is only two appointed solicitors, both of which have no more than 2-3 years experience a piece) knowing that they have their own internal legal dept and outsource of a legal firm that is suffice to say...an extremal big fish!

 

After two weeks of hearing nothing or any further calls. I received was a letter from PB Legal saying no further action was being taken as long as I dont list the items again.

 

As I was facing fierce competition on the products and making little or no profit (others prob listing counterfeit and afford to sell cheaper than me), I decided its just not worth the effort to relist and go though the hassle with PB again to prove my items are legit as it would mean legal involvement, independent review of the products to prove authenticity etc which is just more costs and would only serve to prove a point.

 

So I have now drawn a line under it all, paid nothing out to anyone and just moved on with new products and try and make the best of a late start for the xmas period.

[Skibeaky]

Hi all,

Can anyone help with some nice phrasing to go with a letter & cheque?

Basically, "Here's your cheque which is sent on the understanding that you now leave us alone!"

 

Thanks.

Edited December 26, 2014 by Skibeaky
Spiiling mistooks!