Have I kicked a sleeping dog?

FutureGuy · 27-07-2022 12:10pm #1

I have a small business selling second-hand collectables. Been pushing the online side of things in the last month and it's doing well enough.

I'm the type of person that is always respectful of IP and copyright and I have done my utmost to make sure I respect it to the best of my ability. I had a very small niggling doubt about one part of my site and so I decided to ring an IP attorney in Dublin just to say who I am and what I did. I explained I'm calling because I want someone to check my site to make sure I am 100% above board and not infringing. I didn't give my business details.

They said they can help if that company was not on their books.

Got an email this morning saying they were on their books and they cannot assist me further.

Have I kicked a giant hornet's nest here? Can the solicitor contact the company with the details they have of me to put the company on alert that I may be doing something that could get me in trouble (I'm 99% certain I am not).

One of those times I feel really dumb for following all the rules.

FutureGuy · 28-07-2022 9:08am

If no one knows, is there somewhere I can find out?

kirving · 28-07-2022 9:17am

If you go to a specialist large law firm, or even a small one locally, they are likely to have the other company on their books for some reason or another.

Can you give any more detail about the possible IP infringement? Is it as basic as using their name or logo, or more along the lines of something that could be seen to be counterfeit.

The Continental Op · 28-07-2022 9:27am

afaik a Solicitor has a duty of confidentiality which extends to third parties. However the only solicitors I know personally are UK based but I can't see its any difference here.

Lenar3556 · 28-07-2022 10:03am

https://www.boards.ie/discussion/comment/119398012#Comment_119398012

If you have a doubt as to the legitimacy of a business activity you are engaged in, you should seek the advice of someone else. I would be surprised if the issue was so technical that any mainstream solicitor firm couldn’t give give you a good steer.

from what you describe, the firm you contacted believed they may have a conflict of interest, or perhaps decided there was no money in it and wished to politely decline - I wouldn’t be concerned about them disclosing the nature of your initial consultation to a third party.

28-07-2022 2:20pm

Best withdraw whatever it is from your website or service first and then seek legal advice- it’s obviously on your mind and you obviously think that you might be in the wrong so best be on safe side

The Continental Op · 28-07-2022 3:18pm

https://www.boards.ie/discussion/comment/119399670#Comment_119399670

Why would anyone bother? My son works enforcing IP rights in the UK and he says big companies don't really bother themselves. Trading standards follow up with complaints from the public about sellers selling fake goods and very occasionally take court action but that is a long way down the road after sending out warnings.

FutureGuy · 31-07-2022 9:58pm

https://www.boards.ie/discussion/comment/119399908#Comment_119399908

And I don't even sell fake goods, rather resell used goods. Similar to Gamestop selling used games. It would be like a person with a Star Wars collectables being called Saber-goods or a Breaking Bad store being called Gus' Things etc

FutureGuy · 31-07-2022 10:00pm

https://www.boards.ie/discussion/comment/119398125#Comment_119398125

I actually rang the solicitor back and they said they never forward it on, duty of confidentiality as you said.

The Continental Op · 31-07-2022 10:14pm

https://www.boards.ie/discussion/comment/119413605#Comment_119413605

Sorry didn't mean to suggest that you do sell fake goods. Just wanted to make the point about IP not being rigidly policed and even when action is taken you get plenty of warning.

FutureGuy · 31-07-2022 10:17pm

https://www.boards.ie/discussion/comment/119413651#Comment_119413651

Thanks, and don't worry I took no offence. It is great advice. I would say that if what I'n doing is an issue, then there would be 100,000 people ahead of me in terms of severity. I think I have 4 disclaimers on my site too.

alias no.9 · 31-07-2022 10:32pm

IP attorneys / solicitors like to send cease and desist letters, they don't like to go to court.

Losing a court case means a whole multitude of competitors will pile in on exploiting the now legally established gap in their IP rather than the one company allegedly breaching their IP.

Eclectic Econometrics · 31-07-2022 10:39pm

https://www.boards.ie/discussion/comment/119413605#Comment_119413605

Is your worry the domain name? If so, 99% the worst thing that will happen is they will go after you through a UDPR process. Using your example, if Disney own the rights to 'Star Wars' but also other characters and you used DarthVader-Goods (.ie or whatever) you're going to have an issue. If you've used a more generic description like Galaxy-Goods (.ie) a decent lawyer will win any dispute on your behalf.

By go after you I mean the domain and the domain only.

If it is not a domain dispute then ignore everything :-)

Have I kicked a sleeping dog?

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