Trademakr infringement

[dhalai]

Hi,

I was wondering if any one can give me some advice, I bought some ted baker hooded tops and t shirt around 15 in total from the market thought I might make some profit selling them on ebay to help me with living costs however i sold few on there with the postage and paypal and ebay charge i was only making about 50p on each i just thought dnt matter as long i can get rid of them and just get what i paid for them. However ebay send me an email asking me not to post them again as i am infringementing no ordinary designer lable limited rights so i stopped and the five i had left i gave them to chairty. The problem is now ted baker send me a letter asking me to stop selling them which i did and also send what i have left to them which i already gave to chairty. Also they asking me for the supplier name but i do not know the supplier i bought them from sunday market few months back. On top of that they asking me to pay £1000 to cover their investigation costs but i never can afford to pay this as am already struggling to life with the mininum wage am getting thats why i wanted to sell them in the first place to make a bit of money.

dose anyone have any advice for me thanks.

 

[Eagle]

Were they fakes?

 

[Retail-Therapist]

Bought in a market?...what do you think!

Dhalia, you have been caught bang to rights by the rights owner and all you can do is ring them up and grovel and get them to drop the price to settle and apologise profusely to them. They can and will prosecute you if they choose to, so get them to settle for an agreement in writing that you will never do it again or try and settle for 100-200 quid mark.

At the end of the day it was down to you to do due diligence on the authenticity of the goods, I can't believe you really thought them as genuine, you thought you'd be OK because everybody else was doing it.

 

[Eagle]

I've never heard of 'Ted Baker' - perhaps markets are their niche outlet?

 

[dhalai]

I am not sure but from what they saying looks like they are i bought them an good faith

 

[dhalai]

ok thanks i will write back to them and see what happens.

 

[JEREMY HAWKE]

They probably dont know anything about you .

So tell them you are a very poor roadsweeper .You brought these items at a boot sale after watching The Apprentice ..Tell them you really did not know what you were doing and it will not happen again as you have decicded that business is not for you and you are going to stick with roadsweeping..They will love that and they will leave you alone

 

[Moneyman]

Just plead ignorance. say you are sorry. say you lost money on them...they will see the prices you sold at. close your ebay account.
they have not spent £1000 tapping their brand name into ebay and sending a letter so you wont have to pay that. they are just frightening you off.

But dont do it again. If you ever get to the stage in business when you have your own brand you will realise why it hurts so much to have someone ripping you off by flogging fakes.

 

[Retail-Therapist]

Don't write to them or they will only have more evidence in writing if they intend to prosecute. You are better off phoning them and putting your case over the phone first to test the water.

 

[Eagle]

Whatever it is, it all boils down to bad PR for them. What was their name again? Ted Baker? Noted.

 

[dhalai]

Just plead ignorance. say you are sorry. say you lost money on them...they will see the prices you sold at. close your ebay account.
they have not spent £1000 tapping their brand name into ebay and sending a letter so you wont have to pay that. they are just frightening you off.

But dont do it again. If you ever get to the stage in business when you have your own brand you will realise why it hurts so much to have someone ripping you off by flogging fakes.

Don't write to them or they will only have more evidence in writing if they intend to prosecute. You are better off phoning them and putting your case over the phone first to test the water.

yeah that sounds a good idea thanks

 

[dhalai]

Whatever it is, it all boils down to bad PR for them. What was their name again? Ted Baker? Noted.

Yeah ted baker they seem to be well known