Question posted in the Intellectual Property Law category relating to Gauteng
Hi I am a E-commerce Footwear Retailer, I majorly sell on Takealot a variaty of shoes, recently I received an email of Infringement of the rights of Airwair International Limited and passing-off by Tradaily from A&A. I would need to know what I should be doing in this situation, and if what they proclaim is true.
how do I share the email with you ?
Message from the Lawyer
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Can you send the email to "PatrickLegalQuestions <at> outlook.com" so I can see what it is about?
Message from the client
Message from the Lawyer
Thank you very much for sending the email through, together with the letter and Annex A, B, and C. I've had a chance to read through the allegations they make, and I must say that it does look like you are infringing on their trademark. If I just compare the images in the table on pages 3, 4, 5, and 6, I would say that they have a slam-dunk case against you! I don't see how you have any way out of this. I don't see any real defence to their claims, not unless you are able to apply to set their trademarks aside for some reason - which I don't know of any reason.
My advice is that you comply with their demands as set out in a) to d) of their letter. If you don't, I can guarantee you that in their next letter they will be suing you for royalties and damages - which could amount to many thousands of Rands.
If you want a second opinion on this, I would advise that you urgently speak to a lawyer at Spoor & Fisher (Adams and Adams competitor) to confirm this view.