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Trading Standards wrongly seized my stock - can I sue them?

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  • Trading Standards wrongly seized my stock - can I sue them?

    About 8 weeks ago, Surrey Trading Standards seized approximately 95 handbags and purses from my market stall. They were not counterfeit items and bore no branding albeit all the items were in floral prints similar to those of Cath Kidston but were neither identical in style, nor 100% identical prints. The goods were legitimately purchased from wholesalers in London and the same handbags and purses are being sold at retail outlets all over the country including many online retailers as they are a 2011 high fashion item. Several weeks ago I spoke to all the wholesalers in London about this and they told me that no one else had reported a problem... these items have been shipped in by the container load as they are the big thing this year, and are even being sold right down Oxford Street right outside Selfridges where Cath Kidston has a shop!

    Trading standards are refusing to return my goods stating they are counterfeits. As far as I can understand a counterfeit is an imitation, usually one that is made with the intent of fraudulently passing it off as genuine.

    I have spent hours of time on this, sending them photographs of bags identical to the ones seized from me, along with colour swatches from the Kidston ranges, albeit I don't think she has copywrited any of her prints (mine were not identical anyway). Other traders in Surrey continue to sell these bags and all over the country, and I want my bags returned!

    I am now banging my head up against a brick wall with them now saying they are not going to answer any more of my emails and saying to me that I am still under caution! I have nothing to hide. They are wrong! If Cath Kidston had a legal leg to stand on then the sale of such bags and the import of such bags and the displays of such bags at wholesalers for retailers like me to buy would have been stopped months ago!

    I reckon they took about £1200 retail value of my stock. I can't afford to lose this! It is like legalised THEFT! Does anyone know if I can sue them? They are saying also that Cath Kidston endorses the seizure! Yes probably doesn't like similar bags to hers being sold for 1/3 of her prices, meanwhile everyone else in the country continues to sell same. I am really really upset, AND it is impossible for these bags to be passed off as her brand as they are brandless and bear no trademark!
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  • #2
    Re: Trading Standards wrongly seized my stock - can I sue them?

    Have you tried this?

    http://www.lgo.org.uk/publications/f...ing-standards/
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb


    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.


    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

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    • #3
      Re: Trading Standards wrongly seized my stock - can I sue them?

      Thanks charitynjw for your reply but they can only really help on civil matters and this comes under criminal matters! They responded to my enquiry very quickly though.

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      • #4
        Re: Trading Standards wrongly seized my stock - can I sue them?

        Originally posted by oneplustwo View Post
        Thanks charitynjw for your reply but they can only really help on civil matters and this comes under criminal matters!
        So why don't you make it a civil case, by sending a letter by Recorded Delivery requiring the Trading Standards wallahs to render up the goods in their bailment or the (wholesale) value thereof within fourteen days (10 working days) of their receipt of the letter, failing which you may commence legal proceedings without further notice?
        Last edited by CleverClogs; 26th July 2011, 17:00:PM.

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