- Original Poster
- #1
Good morning all. I have been accused of infringing someone's "Intellectual property" and I need some advice.
I was under the assumption after researching that an infringement could only occur if I had used the company's name EXACTLY?
I am a sole trader who specialises in hair extensions, hair for weddings and wigs. On social media I described a hair piece I had made with the description "Synthetic flip in hair peice ........." And then I hashtagged #flipin (because that's literally how it's put on, not because I even knew there was a company who did the same!)
Can hashtags be trademarked??
I received a comment from a company 4 months after I'd made this post and I was accused of using their trademark. The company is called Flip-in-hair. Saying I had infringed the use of Flip-in-hair & Flip-in.
But I didn't use them knowingly like they did as a company name and I didn't use dashes either. Doesn't a trademark have to be used exactly how it was registered?
I have since taken down the comment and hashtag not as an admission of intent or guilt more as a safety net should this go further.
Now they are trying to charge me for administration costs and are demanding all products, hair, profits, suppliers and bank account numbers? I am currently on maternity leave and have been since February so I never even sold one! AND I made it with extra hair I had. They have given me a few more days until I apparently have to sign and send back this form but as far as I can tell that is basically an admission of guilt and could land me with even more costs?
I've contacted the CAB the IPO office and now a local solicitor who apparently never wants to return my call. I'm at a total loss of what to do. I can't even afford to pay the postage to get all the apparent stock and materials to them in the post never mind the administration costs!
Any help or advice would be great. Thanks if you've made it this far.
**please note I have never and would never use someone's IP knowingly.
I was under the assumption after researching that an infringement could only occur if I had used the company's name EXACTLY?
I am a sole trader who specialises in hair extensions, hair for weddings and wigs. On social media I described a hair piece I had made with the description "Synthetic flip in hair peice ........." And then I hashtagged #flipin (because that's literally how it's put on, not because I even knew there was a company who did the same!)
Can hashtags be trademarked??
I received a comment from a company 4 months after I'd made this post and I was accused of using their trademark. The company is called Flip-in-hair. Saying I had infringed the use of Flip-in-hair & Flip-in.
But I didn't use them knowingly like they did as a company name and I didn't use dashes either. Doesn't a trademark have to be used exactly how it was registered?
I have since taken down the comment and hashtag not as an admission of intent or guilt more as a safety net should this go further.
Now they are trying to charge me for administration costs and are demanding all products, hair, profits, suppliers and bank account numbers? I am currently on maternity leave and have been since February so I never even sold one! AND I made it with extra hair I had. They have given me a few more days until I apparently have to sign and send back this form but as far as I can tell that is basically an admission of guilt and could land me with even more costs?
I've contacted the CAB the IPO office and now a local solicitor who apparently never wants to return my call. I'm at a total loss of what to do. I can't even afford to pay the postage to get all the apparent stock and materials to them in the post never mind the administration costs!
Any help or advice would be great. Thanks if you've made it this far.
**please note I have never and would never use someone's IP knowingly.
