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Hello.
I am new to legalbeagles, so I'll start by saying hello.
I am a small business owner, and i have worked in my field of business, for the last 24 years.
I own several trade marks (owned by myself, and licensed to my companies) registered globally, for multiple goods, all relative to my business, and I work closely with IP protection depts, to prevent copies and counterfeit/copy goods, being produced, bearing my marks, or similar.
Fairly standard, when protecting IP.
In 2009 I became aware of a competitor using a trade mark, which was confusing the market.
I emailed them "I believe you're infringing my trade mark, for which you have no rights. Wuld you kindly, stop, and llets sit down and discuss this like gentlemen".
No, response, then "Kaboom"!!
Over the next few days, I received multiple threats, and legal letters, followed by several legal challenges, to my rights, and they also filed applications, for retrospective rights and registration.
So, I went to find the best lawyers I could, rather than local town lawyers (as the business competitor, is a high profile, big money business).
The statements filed by the opponent, were appalling and extremely personal (something highlighted as 'unprofessional' by my own legal team.
Their first strategy was to attack all rights, and credibility of myself, and rights of ownership.
The hearings began in 2012-2013 and they lost the first. They appealed, and lost that again.
They then followed this up by challenges in the EUIPO - (European Court IP) - They lost that case in 2014.
They continued with their conduct and then attacked my continued use, and every personal accusation, you could use, was levelled at me, and they continued to ensure the costs of legal representation, became quite high - they delayed, stalled, challenged, even after they'd lost every case to this point - (13-0)
The costs reimbursed were appallingly low relative to expenditure, and at this stage, I'd represented myself at every hearing, because I could no longer afford the legal fees.
Finally, in January 2015 they lost any rights of use, and were conclusively "reprimanded" by the hearing officer, for continuing to attack a mark, they clearly knew, for which they never owned or had, any rights of use.
So, at this stage, I was approximately 130k in debt for legal charges, and I couldnt issue proceedings for damages, as I simply no longer had the required finances.
They continued with their usual tricks, and abusing my trade mark, so I challenged their website operators, and every instance, where they offered goods bearing my mark, for sale.
Most backed down - though it became clear (because of the business reactions, when i advised them of the error of selling goods bearing my mark) that the business opponent, was distributing another reason, for losing 18 legal cases in a row.
So, fast forward to date, and I've now discovered that they have posted online in 2015,(I googled my name and town, and business - resulting google search displayed the offending material) stating that they they were the victims of IP fraud - they have added a form with their own writing on it, and allegation of fraud.
It is appalling and defamatory.
On discovery, I contacted the website host company, requesting they remove the material, which they replied, that they would not do so, as they had no access to posted material.
I advised that they were now on notice.
I also contacted the author and owner - (email and phone) and today I have sent a recorded letter, asking for their acknowledgement, that they owen the website and their address and contact details are correct.
I would like to ask;
How do I go about filing a claim for defamation?
Would it be termed "malicious falsehood"?
Should I file a claim in the High Court, with a degree of urgency?
I cannot afford the lawyers, and such. My first instinct, is to place a brick through these people's heads, however, that's illegal, so I'd prefer some honest straight forward advice.
This, has been a problem in my life for the last 7 years, and it has not been correctly addressed, either through damages, or simply that, some people believe they can simply lie or cause havoc through their conduct.
I would stress, that, I have no idea, who the defamatory author is, though he has added details of the cases, against business competitor, and I feel that this is either a "lone wolf" conduct, or a "conversation" with impunity for the law, at this matter.
I would also like to say, that, some of my partners - gentleman's agreements- include lamborghini, audi, several clothing &
luggage manufacturers, all agreed with email, polite conversations, and a metaphorical handshake.
Any advice, would be appreciated, Thank you.
I am new to legalbeagles, so I'll start by saying hello.
I am a small business owner, and i have worked in my field of business, for the last 24 years.
I own several trade marks (owned by myself, and licensed to my companies) registered globally, for multiple goods, all relative to my business, and I work closely with IP protection depts, to prevent copies and counterfeit/copy goods, being produced, bearing my marks, or similar.
Fairly standard, when protecting IP.
In 2009 I became aware of a competitor using a trade mark, which was confusing the market.
I emailed them "I believe you're infringing my trade mark, for which you have no rights. Wuld you kindly, stop, and llets sit down and discuss this like gentlemen".
No, response, then "Kaboom"!!
Over the next few days, I received multiple threats, and legal letters, followed by several legal challenges, to my rights, and they also filed applications, for retrospective rights and registration.
So, I went to find the best lawyers I could, rather than local town lawyers (as the business competitor, is a high profile, big money business).
The statements filed by the opponent, were appalling and extremely personal (something highlighted as 'unprofessional' by my own legal team.
Their first strategy was to attack all rights, and credibility of myself, and rights of ownership.
The hearings began in 2012-2013 and they lost the first. They appealed, and lost that again.
They then followed this up by challenges in the EUIPO - (European Court IP) - They lost that case in 2014.
They continued with their conduct and then attacked my continued use, and every personal accusation, you could use, was levelled at me, and they continued to ensure the costs of legal representation, became quite high - they delayed, stalled, challenged, even after they'd lost every case to this point - (13-0)
The costs reimbursed were appallingly low relative to expenditure, and at this stage, I'd represented myself at every hearing, because I could no longer afford the legal fees.
Finally, in January 2015 they lost any rights of use, and were conclusively "reprimanded" by the hearing officer, for continuing to attack a mark, they clearly knew, for which they never owned or had, any rights of use.
So, at this stage, I was approximately 130k in debt for legal charges, and I couldnt issue proceedings for damages, as I simply no longer had the required finances.
They continued with their usual tricks, and abusing my trade mark, so I challenged their website operators, and every instance, where they offered goods bearing my mark, for sale.
Most backed down - though it became clear (because of the business reactions, when i advised them of the error of selling goods bearing my mark) that the business opponent, was distributing another reason, for losing 18 legal cases in a row.
So, fast forward to date, and I've now discovered that they have posted online in 2015,(I googled my name and town, and business - resulting google search displayed the offending material) stating that they they were the victims of IP fraud - they have added a form with their own writing on it, and allegation of fraud.
It is appalling and defamatory.
On discovery, I contacted the website host company, requesting they remove the material, which they replied, that they would not do so, as they had no access to posted material.
I advised that they were now on notice.
I also contacted the author and owner - (email and phone) and today I have sent a recorded letter, asking for their acknowledgement, that they owen the website and their address and contact details are correct.
I would like to ask;
How do I go about filing a claim for defamation?
Would it be termed "malicious falsehood"?
Should I file a claim in the High Court, with a degree of urgency?
I cannot afford the lawyers, and such. My first instinct, is to place a brick through these people's heads, however, that's illegal, so I'd prefer some honest straight forward advice.
This, has been a problem in my life for the last 7 years, and it has not been correctly addressed, either through damages, or simply that, some people believe they can simply lie or cause havoc through their conduct.
I would stress, that, I have no idea, who the defamatory author is, though he has added details of the cases, against business competitor, and I feel that this is either a "lone wolf" conduct, or a "conversation" with impunity for the law, at this matter.
I would also like to say, that, some of my partners - gentleman's agreements- include lamborghini, audi, several clothing &
luggage manufacturers, all agreed with email, polite conversations, and a metaphorical handshake.
Any advice, would be appreciated, Thank you.
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