I really need some advice...
I run an small online shop and I have inadvertently used another retailer's own product image, as it did look very similar to that provided by the manufacturer. This was a genuine mistake. I have made no sales of the product and it was displayed for only a small number of days.
The first I knew about it was when I received a letter from the retailer's Trademark Attorneys demanding that I remove the image and respond to a number of questions. I removed the image at once and sent a reply apologising.
I received a new letter today, saying the retailer accepts my apology but the Trademark Attorneys have sent me an invoice for £325 + VAT to pay for the retailer's legal costs.
Should I just pay this or is there something else I can do. I run the shop as a hobby and it doesn't really make any profits to speak of.
Please help.
Thanks in advance.
So the copyright owner is not seeking damages, you are being asked only to cover the legal costs? £325 seems fairly steep for what seems to have been a straightforward letter and resolution
Any situation like this is a game of poker, everything is bluff unless or until it goes to court. At a guess the £325 amount is tactical - ie enough to make a claim through the courts worthwhile, yet not enough for the court to consider it unreasonable.
In your position I think I would try making a "without prejudice" offer of £150 to settle the matter. Say it's reasonable, plead poverty, grovel, and I doubt the lawyer will see any mileage in pursuing it further. He'd have to prepare papers, obtain a summons and spend additional time - and risk the court judging that you'd already met a reasonable claim, and then he wouldn't get any further costs. Besides, obtaining a judgement is not the same as getting the money.
It's possible he may come back with a counter offer.
But please note THIS IS NOT LEGAL ADVICE; if you feel you need that, consult a solicitor. You will find a few listed in the links/legal section.
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