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Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 47889
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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A company is trying to stop me selling my product as they

Customer Question

A company is trying to stop me selling my product as they are saying I have copied theirs, mine is different in fabric, design and colours, how can I made sure they have copyright in the UK
THanks
Submitted: 1 year ago.
Category: UK Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today. What type of product are we talking about please?

Customer: replied 1 year ago.
Here is the email I have receivedThe baby beanbags that you're selling on your website http://babybeanbagchair.co.uk and on Amazon are copies of our doomoo® seat.The marketing and selling of those unauthorized copies of our doomoo® seat is unlawful.The design of the doomoo® seat is protected by an international design registration.We remind you that counterfeiting is against the law.We demand that you stop to sell those copies of our product.Moreover, you're displaying pictures which are the property of our company Delta Diffusion and subject to copyrights.
You're not authorized to use those pictures.
We enjoin you to remove them immediately.Your actions constitute unfair business practices and unfair competition acts.If you don't react immediately, we will take the necessary measures with our lawyers.Regards,
Customer: replied 1 year ago.
My product is baby bean bag
Expert:  Ben Jones replied 1 year ago.

The issue with copyright is that it is not registered. It is automatically given to the creator of original work, which can include artistic work, such as the design of an item. So if someone has created something unique which can be attributed to them, they would automatically have copyright over it. So you would not be able to check anywhere if they have copyright over it because it would be assigned to them automatically if they can show that they had created something original and unique which can be attributed to them. So if the design is different and no comparisons can really be drawn between the two, it is unlikely that they can claim that you have breached their copyright. Ultimately it is for a court to decide if that is the case and there is of course no guarantee that they will take it that far. If they do, then you will be able to challenge it but then at lest you would know whether legally there was an infringement or not.

I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Customer: replied 1 year ago.
Thanks for your answer, however I am really confused, would you mind giving me more light if there is really a law regarding shape of an item being uncopiable
ALso can you reassure me if they can ask the police to come to my door, or cause me financial loss?
I have looked into the European design registration I cant see much, please help,Thanks
Expert:  Ben Jones replied 1 year ago.

A shape can be subject to copyright if it is unique and considered something which can be distinguished. For example, one source states that copyright can cover a design, which is the appearance of a product, in particular, the shape, texture, colour, materials used, contours and ornamentation. To qualify as a new design, the overall impression should be different from any existing design. But do not worry about the police - this is not a criminal matter, they will not get involved in this. The only thing the other side can do is take you o court to claim for copyright infringement and that is when they must be able to prove that they had a unique design subject to copyright and that you had copied it. Hope this clarifies?

Customer: replied 1 year ago.
Last question, I am looking for their registration here http://www.wipo.int/hague/en/how_to/search/
this is updated weekly with pictures and shapes etc, but cant find them
Does that mean they probably dont have any registered in the international design register
Thanks
Expert:  Ben Jones replied 1 year ago.

Well the issue as mentioned is that copyright is not registered anywhere so there is no database or source you can check if it applies here or not - it is granted automatically as soon as someone creates something which is original and can be copyrighted. So the lack of anything on that site does not mean they will not have copyright on this product

Expert:  Ben Jones replied 1 year ago.

Hello, I see you have read my response to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? If your query has been dealt with please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. If you need further help please get back to me on here and I will assist as best as I can. Thank you.

Expert:  Ben Jones replied 1 year ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.