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I Have a design registered with mycopyrightforfree dated 2007…

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I Have a design...
I Have a design registered with mycopyrightforfree dated 2007 and the intellectual property office has ignored this and made my design invalid with prior art 2008 Can you advise what to do can I complain
Submitted: 6 years ago.Category: UK Law
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2/23/2012
Solicitor: Alex J., Litigator replied 6 years ago
Alex J.
Alex J., Litigator
Category: UK Law
Satisfied Customers: 3,859
Experience: LLB, LPC, DELF
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Hi,

Thank you.

Is there a prior registered design or are you alleging your design is different?

Kind regards

AJ
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Customer reply replied 6 years ago
my design is before the other party
Solicitor: Alex J., Litigator replied 6 years ago
Hi,

Is the other party's design the same as yours?

Did the other party copy you?

Kind regards

AJ
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Customer reply replied 6 years ago
The other party manufactured and sold to the public after myself and do not have a registered design
Solicitor: Alex J., Litigator replied 6 years ago
Hi,

OK thank you have they copied your design? Please can you tell me a bit about the design?

Kind regards

AJ
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Customer reply replied 6 years ago

It is a cloth bag with a drawstring. The other party may not have been aware of my existence on ebay selling these items but that is not my concern. The item was available to the public in April2007 and the other party has a catalogue from 2008 hand written

Customer reply replied 6 years ago

It is a cloth bag with a drawstring. The other party may not have been aware of my existence on ebay selling these items but that is not my concern. The item was available to the public in April2007 and the other party has a catalogue from 2008 hand written it is possible its not real and false

Solicitor: Senior Partner, Solicitor replied 6 years ago
Senior Partner
Senior Partner, Solicitor
Category: UK Law
Satisfied Customers: 13,330
Experience: 30 years experience in business law and related topics such as employment law
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When did you apply to register your design?
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Customer reply replied 6 years ago

I registered with mycopyrightforfree.com on 10 December 2007 and when I thought the legality of this site may be in question and not valid I later registered the same designs on the uk intellectual property site and paid for this service.

from April 2007 through to today I have monitored any bag which infringed my design on ebay and had most of these taken down by ebay there are many.

then the other party had a company which mostly sold hats and one of their sellers listed the bags from this company on ebay in April 2009 and I had a monitoring agent who later asked ebay to take them down and they did and in December 2010 the other company manufacturer put in an invalidation form to the uk intellectual property office and it has taken nearly 18 months to fulfull their objectives and succeed

Solicitor: Senior Partner, Solicitor replied 6 years ago
Sorry but can you tell me when you filed for protection of the design with the IPO?

the commercial website site you filed with is only evidence it has no effect on the legal issues.
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Customer reply replied 6 years ago
I filed with the ipo in July 2009
Customer reply replied 6 years ago
I filed on July 2009 but sold items on ebay and private and have all evidence 12 months previous
Solicitor: Senior Partner, Solicitor replied 6 years ago
You inly have a 12 month s period form making the design public in which to register. If anyone else produces a similar design in that 12 months period you may be refused registration.

Your registration with copyrightforfree has no legal effect . It is a useful site to record the existence of copyright material but registering a design with it dos not give you any design protein. Copyright does not protect a 3 dimensional object generally. Copyright exists in any work of art or publication and no registration is necessary to have copyright but the registration with such a website gives you evidence of the copyright tif there is a dispute. To protect a design you have to register the design with the IPO. Otherwise you have to rely on passing off or similar remedies.

So by delaying registration to July 2009 after putting it in the public domain in 2007 you have lost the right to register the design and certainly if there was another design available in 2008 you would not have been able to register in 2009.

Sorry but you should have registered with the IPO earlier. There is nothing you can now do.

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Customer reply replied 6 years ago
Can I get back to you later today I need to digest this and then come back to you
Solicitor: Senior Partner, Solicitor replied 6 years ago
that is fine. I will respond when I can.

Please press accept so I am credited for my time, you can still seek clarification and ask follow up questions.
Senior Partner
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Customer reply replied 6 years ago

Do you mean that mycopyrightforfree registration which has a title

to copyright = my ebay account and all products I make and sell on this site.

category = website. Will this not cover my ebay site.

 

 

 

Another question is Will my registered trademark help me achieve anything in this case.

Solicitor: Senior Partner, Solicitor replied 6 years ago
I am not sure I understand your question. There is no copyright in a product design. there may be copyright in the design drawing but not in the design itself unless it classifies as a work of art like a sculpture. the only protection in the design is if it is registered as registered design and yo o not appear ot have done that until to late. . There is for example generally nothing to proven anyone form copying a designer handbag just not using the designer name or passing it of a as a genuine designer bag bit those are brand/ trade mark issues. the mycopyrightforfree registration is simply a way for the owners of a copyright to record it so that if there is a dispute about when it was created. It is not an official website an drives not validity to anything it is merely evidential. For example if I write a play or a book., I can prove from registration the text and when I wrote it so that if someone has copied it it is obvious that my work came first. It is a very useful service but pretty much irrelevant in the context of a design of a bag.
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