Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Hi there,
There is an issue with role permissions that is being worked on at the moment.
If you are having trouble with access or permissions on regional forums please post here to get access: https://www.boards.ie/discussion/2058365403/you-do-not-have-permission-for-that#latest

Have I kicked a sleeping dog?

  • 27-07-2022 12:10pm
    #1
    Moderators, Computer Games Moderators Posts: 15,239 Mod ✭✭✭✭


    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.



Comments

  • Moderators, Computer Games Moderators Posts: 15,239 Mod ✭✭✭✭FutureGuy


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



  • Registered Users, Registered Users 2 Posts: 6,129 ✭✭✭kirving


    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.



  • Registered Users, Registered Users 2 Posts: 7,479 ✭✭✭The Continental Op


    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.

    Wake me up when it's all over.



  • Registered Users, Registered Users 2 Posts: 1,712 ✭✭✭Lenar3556


    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.



  • Posts: 8,856 ✭✭✭ [Deleted User]


    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



  • Advertisement
  • Registered Users, Registered Users 2 Posts: 7,479 ✭✭✭The Continental Op


    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.

    Wake me up when it's all over.



  • Moderators, Computer Games Moderators Posts: 15,239 Mod ✭✭✭✭FutureGuy


    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



  • Moderators, Computer Games Moderators Posts: 15,239 Mod ✭✭✭✭FutureGuy


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



  • Registered Users, Registered Users 2 Posts: 7,479 ✭✭✭The Continental Op


    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.

    Wake me up when it's all over.



  • Moderators, Computer Games Moderators Posts: 15,239 Mod ✭✭✭✭FutureGuy


    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.



  • Advertisement
  • Registered Users, Registered Users 2 Posts: 6,352 ✭✭✭alias no.9


    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.



  • Registered Users, Registered Users 2 Posts: 158 ✭✭Eclectic Econometrics


    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 :-)



Advertisement