COPYRIGHT Infringement - name & shame?

[Bomten]

I have recently settled a copyright dispute. A company had been copying some of my designs but following a couple of letters from my solicitor - the infringer has signed a letter stating that "without liability" he will cease from buying , selling, advertising the products in question etc etc. - of course I will be keeping an eye on them!

Can I name and shame this company?? ie on my website and mailshots??? or am I likely to be sued?? - any advice appreciated!

I have another similar case on the go at the moment and can see more potential problems in the future - naming and shaming might make people think twice in the future!!

 

[obscure]

No don't do it - they haven't admited to doing anything wrong and you haven't proved such in court so what would you say? "We made company X agree not to do something they weren't doing anyway".

You know they did it, they know they did it but you settled instead of going to court so you have no proof they did it.

 

[Markb]

Yes, as you say, keep an eye on them but stay well away from naming and shaming.

 

[stugster]

Why can't you name and shame? easyGroup do it all the time with their ridiculous assumptions that they own the word EASY...

Name and shame! Name and shame!

 

[Markb]

No don't do it - they haven't admited to doing anything wrong and you haven't proved such in court so what would you say? "We made company X agree not to do something they weren't doing anyway".

Because it makes sense and the poster isn't Easygroup.

 

[stugster]

Rubbish, if someone infringed my own copyright, I'd be plastering it all over my site to WARN my potential customers of this. Why should they pay a fraudster? I bet his customer service would be just as good as his unique-design work that was ripped off the original poster too.

 

[INDIZINE]

what is it that they have been copying?

 

[Markb]

Rubbish, if someone infringed my own copyright, I'd be plastering it all over my site to WARN my potential customers of this. Why should they pay a fraudster? I bet his customer service would be just as good as his unique-design work that was ripped off the original poster too.

That would be ok to do providing you could supply proof that they had indeed infringed your copyright. The people Bomten says infringed his copyright have agreed 'without liability' to cease buying, selling and advertising the products in question - they have not admitted a copyright infringement and as Obscure says in his post - nothing has been proved in court - so, any 'plastering' over your site would need to be backed up with proof - which if your scenario was the same as Bomten's - you simply wouldn't have.

 

[INDIZINE]

True, if no proof could be evidenced they could do you for libel!

 

[obscure]

Rubbish, if someone infringed my own copyright, I'd be plastering it all over my site to WARN my potential customers of this.

Slagging off the competition (with or without proof) makes you look petty and unprofessional in exactly the same way that negative political campaigns reflect badly on the party doing the slagging off.
Doing it without proof is just plain stupid and in many cases could actually put you in breach of the settlement agreement (thus opening you to legal action by the other company) as many such agreements have confidentiality/non-disclosure clauses.

 

[Bomten]

Thanks for your input all. I think I'll avoid naming and shaming - although I have the most comprehensive proof of ownership possible going back a few years. I have kept all original concepts and final designs - have proof of first publication, original brochures and flyers along with dates of printing and invoices from printers. Also have photos of exhibition stands whenever we exhibit and dates of production of goods, dates of when goods were in stock etc etc etc. If the current case goes to court I know I could win but IP cases - I am led to beleive - can run into 6 figures so I guess the current case will end up with a settlement out of court - so again I guess I will have to keep quiet about it - its a shame - but this current infringer has copied EXACTLY - several of my designs and is selling them widely across the UK - it has cost me over 25K (est) in lost sales in the last 4 months or so and I'm not sure whether I will be able to get damages without going to court?? - any one with experience of a similar situation care to comment?? would greatly appreciate any advice.

 

[swisslogistics]

what is it that they have copied?

 

[INDIZINE]

ive already asked that question.

 

[swisslogistics]

I can see that but you didnt get much of a response so I thought id ask again!

 

[Bomten]

I guess it would be wise for me to not mention the product considering there is case currently on going! hope you understand.

 

[swisslogistics]

lol

we have our answer then! im sure it wouldnt have too much of an impact but hey its your right to remain hush!

 

[obscure]

...although I have the most comprehensive proof of ownership possible going back a few years. I have kept all original concepts.....

But the point is that you have opted not to go to court to prove your case and have instead agreed that he is "not liable" in return for him agreeing not to sell these products again.

..... I'm not sure whether I will be able to get damages without going to court?? - any one with experience of a similar situation care to comment?? would greatly appreciate any advice.

Not unless you manage to negotiate some payment with him, which is unlikely.

 

[Bomten]

Thanks obscure, I'll see how things pan out with the current case - since I'm pretty sure we will win the case if it goes to court - we will probably seek a settlement out of court.

I did, by amazing coincidence, I bumped into a barrister who is highly regarded in the IP field and he pretty much said we would win the case hands down! - I will post an update for the record, but it may be sometime!!

Thanks again to all.

 

[obscure]

I did, by amazing coincidence, I bumped into a barrister who is highly regarded in the IP field and he pretty much said we would win the case hands down!

Based on your description I am sure you would.... and he would be happy to charge you the huge fees that highly regarded IP lawyers charge (I deal with top IP lawyers in the entertainment/media field. Very sharp but cost a LOT).

At the end of the day defending your copyright is just part of business. You have to weigh the cost of a court action against any likely damages. Settling is often the most sensible business route if not the most enjoyable