Hi I am a E commerce Footwear Retailer, ...

Asked by Hong Tian on 24-04-2024 11:15:12
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.

Further information relating to Question:

how do I share the email with you ?

Message from the Lawyer

Posted by Att. Patrick on 24-04-2024 13:27:51

Hi there and thank you for your question,

I am a practicing attorney based in South Africa and I will assist you with your question. Please feel free to ask as many follow up questions in order to clarify your question. If you have a new question, you must please open a new thread.

Please keep in mind that our discussions is for general information purposes only. Our engagement on this website does not create an attorney-client relationship.

Can you send the email to "PatrickLegalQuestions <at> outlook.com" so I can see what it is about?

Message from the client

Hi, i have forwarded the email.

Message from the Lawyer

Posted by Att. Patrick on 24-04-2024 16:50:35

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. 

Answer Accepted

This answer was accepted on 24-04-2024 19:22:30

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