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QLD Infringement of Intellectual Property Rights?

Discussion in 'Intellectual Property Law Forum' started by Jessica Glover, 27 April 2015.

  1. Jessica Glover

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    Hi, I have had products manufactured and imported from China that are almost the same as another company. Is there anything wrong with this? They sent me an email to stop trading immediately. Thank you,

    This is the email:
    Subject: Infringement of Skip Hop's Intellectual Property Rights

    To Whom It May Concern:
    We represent Skip Hop, Inc. It has come to our attention that you are selling a stroller organizer on your website that is virtually identical to our client’s Grab & Go stroller organizer: Elektra Bub Tots & Kids Shop - Products
    Our client’s product can be seen here: Skip Hop Grab & Go Stroller Organizer
    Our client’s product is sold in the US, Australia and throughout the world, and your product is clearly a copy of our client’s product. As such, we demand that you stop selling your stroller organizer, and provide us with confirmation
    that you have complied with the foregoing by May 1, 2015. If you do not comply, we will have no choice, but to retain Australian counsel to protect our client’s valuable intellectual property rights.
     
  2. Rod

    Rod Well-Known Member

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    Jessica,

    Ask for evidence of their IP (patent, patent pending etc). Do not admit to anything at this stage.
     
    Jessica Glover likes this.
  3. Jessica Glover

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    Thank you Rod I was thinking it was just a scare tactic and couldn't find a patent for them :)
     
  4. Tim W

    Tim W Lawyer

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    Have a look on the Register of Designs, rather patents.

    I am fairly certain that a mere distributor does not have IP rights in a product
    in which they are dealing.
     

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