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Tooling taken without permission

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  • Tooling taken without permission

    “I have an issue with a manufacturing Co. that produced moulded parts for a product which I designed and hold copyright to.
    The company produced moulded parts from tooling which I owned. I moved out of the Country for some time and during this period I authorised the supplier to directly supply a certain customer with moulded products from those tools.
    The moulding company changed ownership and decided they no longer wanted to produce moulded parts from the tools and we discussed the return of said tooling to me. At that point it was made clear (and acknowledged) that the tooling should not be released to any third party, especially the person to whom I had authorised the supply of parts.
    Subsequently the person to whom I had previously authorised the sale of part to visited the moulding company and the staff allowed them to remove the tooling.
    This person and an accomplice are now producing the moulded parts at another (unknown) moulding company and openly selling my product on the open market.
    The original moulding company has written a couple of weak letters to them requesting the return of the tooling, but are just getting no-where. They now say that although I consider the tooling was stolen, it was in fact an act of deception and as such they have no liability to me, and inferring that I should be grateful that they making any attempt to recover the tooling.
    Can anyone offer any advice? I simply don’t have the funds to take these people on, and would appreciate any ideas which might enable the return of the tooling or suitable compensation. I estimate the cost to replace said tooling at over £100,000, but that would not address the fact that I now have a competitor selling my product and eating into the market share.”

  • #2
    Re: Tooling taken without permission

    As the tooling (is it metal or plastic moldings? just out of personal interest), was on their premises when stolen (any act of deception would be theft), then they had a duty of care to secure the tooling and failure to do so would be a breach of contract. As they allowed the tool to leave their premises, they are libel for the loss of the tool and should have contacted the police.

    As for the other company, not only have the committed theft they are infringing on your rights and ownership of the design being used. You should contact them directly advising them that is the tool is not returned within 7 days, you will commence legal actions to not only to recover the tool but also all profits, they have unlawfully made from using the tool without your consent and in breach of your copyright ownership!

    Alternative call the police and inform them the tool was stolen and explain the whole issue to them!

    You also have trading standards since the other company are basically producing counterfeit goods, using the stolen tool.
    Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

    By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

    If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

    I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

    The Governess; 6th March 2012 GRRRRRR

    Comment


    • #3
      Re: Tooling taken without permission

      Originally posted by teaboy2 View Post
      As the tooling (is it metal or plastic moldings? just out of personal interest), was on their premises when stolen (any act of deception would be theft), then they had a duty of care to secure the tooling and failure to do so would be a breach of contract. As they allowed the tool to leave their premises, they are libel for the loss of the tool and should have contacted the police.

      As for the other company, not only have the committed theft they are infringing on your rights and ownership of the design being used. You should contact them directly advising them that is the tool is not returned within 7 days, you will commence legal actions to not only to recover the tool but also all profits, they have unlawfully made from using the tool without your consent and in breach of your copyright ownership!

      Alternative call the police and inform them the tool was stolen and explain the whole issue to them!

      You also have trading standards since the other company are basically producing counterfeit goods, using the stolen tool.
      The tooling or moulds are made from bright steel and weigh approx. 1.5 tons.
      I have contacted the 3 party directly but to no avail. They know that I cannot afford a law firm to sue them and are subsequently calling my bluff. I went to the police but they would not help. They say that because the tooling was not directly taken from me, they could do nothing for me.

      Comment


      • #4
        Re: Tooling taken without permission

        Without legal action very difficult to see a result here

        Comment


        • #5
          Re: Tooling taken without permission

          Originally posted by wales01man View Post
          Without legal action very difficult to see a result here
          What kind of legal action would be the most cost effective for me ,keeping in mind that my funds are quite low at the moment.

          Comment


          • #6
            Re: Tooling taken without permission

            If its your tool, then legal costs would have to be paid by the other company that stole the tool (should you win in court), unless they could some how proof it is their tool. A solicitors letter may even be all you need to convince them your serious.

            Have you tried trading standards?
            Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

            By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

            If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

            I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

            The Governess; 6th March 2012 GRRRRRR

            Comment


            • #7
              Re: Tooling taken without permission

              Originally posted by teaboy2 View Post
              If its your tool, then legal costs would have to be paid by the other company that stole the tool (should you win in court), unless they could some how proof it is their tool. A solicitors letter may even be all you need to convince them your serious.

              Have you tried trading standards?
              The tooling definitely belongs to me. I designed all the tooling on Acad and all tooling drawings have my signature on them.I have the proof of payment for these tools along with all the patent searches relating to my designs.
              Question; How do I get them to court. I know that if I got them in front of a judge they would have no chance as they are totally in the wrong.
              What could trading standards do in this case ?

              Comment


              • #8
                Re: Tooling taken without permission

                The OP needs an Intellectual Property lawyer to advise them on this. IP Law is a specialised area. If the OP cannot afford a lawyer, they might wish to consider contacting the National Pro Bono Centre.
                Life is a journey on which we all travel, sometimes together, but never alone.

                Comment


                • #9
                  Re: Tooling taken without permission

                  Originally posted by bluebottle View Post
                  The OP needs an Intellectual Property lawyer to advise them on this. IP Law is a specialised area. If the OP cannot afford a lawyer, they might wish to consider contacting the National Pro Bono Centre.
                  Agreed, they could also issue a cease and desist letter to the other company, in regards to using the tool without consent providing copies of proof of ownership and intellectual property rights etc. Whilst demanding they return to tool forthwith, or face legal action where they will likely have to pay the OP any profit they made on goods they manufactured as a result of using the tool.
                  Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

                  By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

                  If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

                  I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

                  The Governess; 6th March 2012 GRRRRRR

                  Comment


                  • #10
                    Re: Tooling taken without permission

                    My gut-instinct says that this is best handled by an IP lawyer. IP Law is a complex area. If the OP has tried to stop unauthorised use of the tooling and this has had no effect, then an IP lawyer is the most practical route to resolving the matter.
                    Life is a journey on which we all travel, sometimes together, but never alone.

                    Comment

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