Intellectual Property Right infringement and passing off

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Intellectual Property Right infringement and passing off
  • ******@maneuk.com
  • 86.175.*.*
  • 2017-03-06 19:09:19
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Intellectual Property Right infringement and passing off2017-03-06 19:09:19
Dear Nancy,
Please find below a letter sent to yourselves, the Dexe Group and Trade China cn. If you send an email to our email address I will forward the schedule to you that shows the illegal infringement of our IP.
-------------------------------------------------------------------------------------
Nancy Liao
YuCaiTang Cosmetics Co. Ltd.
No 168
Mumianshu South Road
Changhong Village
Juhne Street
Baiyun District
Guangzhou
China
	Leo- General Manager
Dexe Group (U.K.)
No 168
Mumianshu South Road
Changhong Village
Juhne Street
Baiyun District
Guangzhou
China
	Kitty and Yanghuimin
Trade China CN
15th Floor, Block B,
Jin Qiu International Building,
No6, Zhichun Road,
Haidian District
Beijing
China
March 6th 2016
Ref: Passing off and Intellectual Property Infringement
To whom it may concern,
We, Mane UK Ltd, have for over 30 years operated our business under the name of Mane UK and our product as Mane Hair Thickening spray. We own the Intellectual Property rights to Mane Hair Thickening spray as well as a huge amount of goodwill acquired in this name - both in the UK and internationally.
As a result of our sales and marketing activities, we have built a significant international reputation with respect to products that deal with hair loss and hair thickening.
We understand that you are passing yourself off as Mane UK and infringing our Intellectual Property rights through your on-line international advertising – as demonstrated in the attached schedule 1. The advert strap - line clearly states Mane Hair Thickening spray and as a consequence you are misleading the consumer. In addition, your sales page on trade.china.cn says Mane Hair Thickening spray, again another blatant infringement of our IP.
In light of the above, we are of the view that your activities as described herein, are likely to cause confusion on the part of the public to the effect that you are marketing your products using our business name, IP and product name without our authorisation. Should you continue such activity we feel that our reputation and goodwill will be substantially damaged.
As our consent to such activity was neither sought nor granted, we must inform you that we find your activity unacceptable and we hereby request that you take the following actions within 14 days:
a)	Cease using Mane UK and Mane Hair Thickening spray in your advertising and in any on-line presence.
b)	Deliver to us a written undertaking that you will desist forthwith from the conduct complained about above.
We expect your acknowledgement of this letter and your response to our requests by March 20th. If it becomes necessary to initiate legal proceedings, which may be issued at any time and without further notice, we may be entitled to remedies including, but not limited to, an injunction, damages, an account of profits, legal costs and interest.
Yours faithfully,
Mr W N Cathcart
Managing Director
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