calling legal guru's

[jaky cakes]

Can anyone help me with a possible fraud scam I have found myself caught up in.


== Moderators...due to legal reasons I will not disclose any sensitive information==

A very large multi national company have contacted me with accusations of logo copyright infringements.
I have been producing an item - of my own design which can be used in cunjunction with a item sold by this large company. My sales information states my unit is for use with this companies item and ignorantly have displayed their logo in my sales pitch.
This company do not make any such item nor anything similar to what I produce - seems purely logo orienated.
Okay - that I accept - my bad.
But this letter I have received seems a little amature-ish.
It is printed on normal cheap printer paper (not formal letter headed embossed type), their company logo is misprinted on the top, it arrived in plain envelope - hand written address - with stamps - not franked.
this company is based outside the UK - yet letter shows UK postal mark.
The best bit is this .... in amongst the attempted legal jargon contained within is the demand that I pay a substantial amount of foriegn currency by bank transfer into a foriegn account - to go towards their ongoing legal costs in this matter!!!!
Me thinks this is a scam - elaborate as it is - still a scam.
All the contact details match up with what I have found on the net - But I'm unable to speak to them as I dont speak there language.

It all stinks . I would have thought a company this size (similar size to say Sony or Ford - but not either of them) would simply issue a warning shot across my bow - or go straight to court - where i would pay all cost involved. To be told to pay costs upfront seems a bit strange and could be construde as demanding money with menaces.
any opinions / advice before I get my trousers pulled down??

[MudSurfer]

Can anyone help me with a possible fraud scam I have found myself caught up in.


== Moderators...due to legal reasons I will not disclose any sensitive information==

A very large multi national company have contacted me with accusations of logo copyright infringements.
I have been producing an item - of my own design which can be used in cunjunction with a item sold by this large company. My sales information states my unit is for use with this companies item and ignorantly have displayed their logo in my sales pitch.
This company do not make any such item nor anything similar to what I produce - seems purely logo orienated.
Okay - that I accept - my bad.
But this letter I have received seems a little amature-ish.
It is printed on normal cheap printer paper (not formal letter headed embossed type), their company logo is misprinted on the top, it arrived in plain envelope - hand written address - with stamps - not franked.
this company is based outside the UK - yet letter shows UK postal mark.
The best bit is this .... in amongst the attempted legal jargon contained within is the demand that I pay a substantial amount of foriegn currency by bank transfer into a foriegn account - to go towards their ongoing legal costs in this matter!!!!
Me thinks this is a scam - elaborate as it is - still a scam.
All the contact details match up with what I have found on the net - But I'm unable to speak to them as I dont speak there language.

It all stinks . I would have thought a company this size (similar size to say Sony or Ford - but not either of them) would simply issue a warning shot across my bow - or go straight to court - where i would pay all cost involved. To be told to pay costs upfront seems a bit strange and could be construde as demanding money with menaces.
any opinions / advice before I get my trousers pulled down??

First thing I would do is engage a solicitor who understands copyright protection, and get them to send your letter to the company that it is allegedy from, and ask for them to comment. Also, ask for the company's marketing director/manager to contact you with regard to the logo use on your product and seek permission to use it.

If the letter is genuinely from the company, then you will need to refer back to the solicitor for counsel on how to progress. You may get away with just retracting what you have sent out, but you will need to discuss with the company at the correct level - i.e. decision maker, to get to an agreement.

[captain_chaos]

It's a scam, if the company was ligit then they would have sent you a warning letter before going straight for demending money. Plus it would have had a proper refernce number and contact details of someone at the company to discuss the situation, who speaks the english. As mudsurfer said, it's best to check with a copyright solictor just to be on the safe side, or you may end up with a genuine letter.

[BUSHWHACKER]

[QUOTE=jaky cakes].............................. ....Me thinks this is a scam ...........................[ QUOTE]


Ya think??!!

Of course it's a scam dude!

[tintin]

IGNORE IT !!!!!!!!!!!!!
It's a scam, and even if it were legit' it would never hold up in court because of the demand for money!

[joymic]

or is one of u mates winding u up !!!!

[MudSurfer]

The reason to get the solicitor involved is really twofold:

1. It gives you a degree of protection legally and should ensure you don't say the wrong thing.

2. If this is a scam, (and it does sound like one - as they haven't asked you to contact, just pay - and the format of approach does seem less than professional) then the solicitor presenting this letter to the company it allegedly came from will get their attention better than if you sent it to them on your own.

The reason here is simply that if a solicitor presents this letter to the company, they are far more likely to react to potential scam rather than address the possible copyright issue. You are promoting a complimentary product to support their product line, and as such promoting their business. If this really is a scam, there may be someone using this logo for potentially fraudulent purposes, which is clearly using their logo and name in a very negative way - which they will take very seriously indeed.

I'm not saying that you're infringement of their copyright will be overlooked, but they may be lenient if you bring the potential fraud to their attention.

Last bit of advice - next time you want to include someone's logo in any published material that is available publically and commercially - make sure you have permission from the copyright owner. The company I work for takes a very dim view of their logo being used without their concent, and even I was told that I couldn't use it on my truck if they agreed to sponser me for any kind of event.....

[Bunkle]

The reason to get the solicitor involved is really twofold:

1. It gives you a degree of protection legally and should ensure you don't say the wrong thing.

2. If this is a scam, (and it does sound like one - as they haven't asked you to contact, just pay - and the format of approach does seem less than professional) then the solicitor presenting this letter to the company it allegedly came from will get their attention better than if you sent it to them on your own.

The reason here is simply that if a solicitor presents this letter to the company, they are far more likely to react to potential scam rather than address the possible copyright issue. You are promoting a complimentary product to support their product line, and as such promoting their business. If this really is a scam, there may be someone using this logo for potentially fraudulent purposes, which is clearly using their logo and name in a very negative way - which they will take very seriously indeed.

I'm not saying that you're infringement of their copyright will be overlooked, but they may be lenient if you bring the potential fraud to their attention.

Last bit of advice - next time you want to include someone's logo in any published material that is available publically and commercially - make sure you have permission from the copyright owner. The company I work for takes a very dim view of their logo being used without their concent, and even I was told that I couldn't use it on my truck if they agreed to sponser me for any kind of event.....

agree with the above, i've recently been "told off" for printing some accreditations on some business cards, the body was not impressed and simply asked me to stop doing it (which i have) as i didn't have their direct permission

[jaky cakes]

Cheers guys / gals.
You have put my very troubled mind at rest!
It's strange but very heart warming the relief felt from the comments of a few people i've never even met!!

I have since been in contact with the company's legal departments in the UK (who are aware of this person masquarading as one of their employess) and also spoken to one of their foriegn office solicitors - who is taking the matter of this scam very serioulsy.
I can sleep easy again now!
Once again - a sincere thankyou for your input - give yourselves a pat on the back!!
Al

[MudSurfer]

Cheers guys / gals.
You have put my very troubled mind at rest!
It's strange but very heart warming the relief felt from the comments of a few people i've never even met!!

I have since been in contact with the company's legal departments in the UK (who are aware of this person masquarading as one of their employess) and also spoken to one of their foriegn office solicitors - who is taking the matter of this scam very serioulsy.
I can sleep easy again now!
Once again - a sincere thankyou for your input - give yourselves a pat on the back!!
Al

Happy to help mate!

It's part of what makes this place so great - all the people!

[Diezel Weazel]

Happy to help mate!

It's part of what makes this place so great - all the people!

And their expertise advise

There's always a Payback .... Ya just won't see or hear it Comin !!!!

[jaky cakes]

............................UP DATE..........................

After many phone calls to various legal departments of this international company - it appears the letter is genuine.
The letter was sent by an investigator working with this company's authority.
I have since sought legal assistance, but it doesn't look good good I'm afraid!
feck!

[BUSHWHACKER]

............................UP DATE..........................

After many phone calls to various legal departments of this international company - it appears the letter is genuine.
The letter was sent by an investigator working with this company's authority.
I have since sought legal assistance, but it doesn't look good good I'm afraid!
feck!

It still smells!
Especially the part where they are asking for money. Why are you doing all the chasing up? If they were ligit, you would be sent more corospondance.

[jaky cakes]

You're right Vince - it stinks!
I get the impression this "investigator" is some kind of copyright infringement bounty hunter - searching amazon / free papers / ebay and the likes for possible infringements. then sends a letter to the copyright holder and to you. The company's copyright is upheld and the bounty hunter gets his wage by means of mr mug paying into his account. - neat ...very neat...TW@T!!

I did quite a bit of chasing up to try and prove this investigator to be a con artist as i was furious at his nerve of demanding money in such a underhand way.

I'm always in the $hit - its just the depth that varies!!!

[plumb bob]

Any infringement of copyright will incur some sort of legal response when found out, but most large companies, when dealing ith such a small infringement, would I'm sure be happy with a written appology and assurance that it will not happen again.

I would write to the MD/CEO of the company in question relating the story so far and that you were unaware of the legal consiquences of your actions, and offer appologies and reassurances of no future infringements.

I am sure that no large organisation could be bothered with taking legal action against an individual, and also the adverse publicity if the press were to get hold of it.

Keep copies of all correspondance with the company andtheir representatives, and send them to BBC Watchdog, and let their legal team deal with it for you, they love a "David & Goliath" fight.


Robert.