Shoosmiths Copyright Claim

[lowkey123]

Hello, need help and advice. I am a new website designer. I setup an instagram page with a very similar logo to a directory for handymen, called the same but with websites at end, when enquiry comes through id then forward them to the main page (not directory name) when someone made enquiry wanting a website designed.Great idea at time for lead gen but not so now, wasnt passing off as the company so thought nothing of it! All the bio of the page was my website designing company and details

Today i got an instagram message in the inbox with screen shots of a letter which they are posting out, claiming the logos are identicle, which i agree are similar but not identical, regardless, and will settle for £500 by 20th May 2021 as a contribution, if i dont then the IP holder could take action. Now i do agree, in hindsight now it was a stupid thing to do, since, the page has been taken down, do i pay seen as ive ceased and desist? Will they take further action if i just ignore, where do i stand? Someone please advise Thanks

[Celestine]

When was the page taken down?

I suspect their principle aim was to simply stop you continuing the page. The £500 demand is probably to cover the costs of sending a lawyers letter. They are very unlikely to take it further now the page is down, The reason I think this is because if they were serious about alleging IP infringement they would probably demand a lot more money. You may get a few letters, let us know is any mention further legal action rather than just repeated demands for money.

[lowkey123]

Thanks Celestine, I feel so stupid now was just trying to drive traffic so was saying exactly as is on Tin, websites for the directory name users. They included a screen shot of a message they sent to me saying am I that directory which I replied No, I’m just offering website designs to the members. They included this in the letter for some reason, all in the BIO of the Instagram page was all the real company details, not passing off as the directory name (as I never intended to pass off as them)

so they have said in the letter their client would accept £500 contribution to stop them taking any further action? Surely the initial letter should be a cease and desist. The page was up for about 4 days and they must have claimed to insta as it was taken down, if they would have messaged me direct saying it’s a violation I would have taken it down myself.

The deadline they have set is 20th may, do I simply ignore the letter or make contact?

Thanks for taking the time to reply

[Celestine]

Four days? That's how long the page was up in total? If so then the likelihood of it causing them actual loss, or genuine confusion to consumers is very low.
Any legal action has to be taken after appropriate notice, so they wont just jump straight to a court claim. After all if you're going to go to the bother of sending a legal letter, you may as well demand a payment while you're at it. (Hoping the recipient scares easily)
If I was in your position, I would ignore and see what they do next.
Let us know. x

[lowkey123]

Four days? That's how long the page was up in total? If so then the likelihood of it causing them actual loss, or genuine confusion to consumers is very low.
Any legal action has to be taken after appropriate notice, so they wont just jump straight to a court claim. After all if you're going to go to the bother of sending a legal letter, you may as well demand a payment while you're at it. (Hoping the recipient scares easily)
If I was in your position, I would ignore and see what they do next.
Let us know. x

Amazing, going to take your advice and do just that.