Letter Of Claims – mysalahmat

Letter Of Claims


 

Dear Sir/Madam

We act on behalf of Mr. Kamal ALI (the “Rights Holder”), UNITED KINGDOM, in relation to his intellectual property rights. Our company are licensees to these intellectual property rights (“Our IP Rights”) owned and licensed to us by the Rights Holder.

We are writing to you in relation to your marketing and sale of Muslim prayer mats for children (the “Infringing Products”) on www.mysalahmat.com (the “Platform”); as seen, e.g., on the following URL:

We are hereby on behalf of the Rights Holder and our company notifying you that your marketing and sale of the Infringing Products is illegal as it is infringing the Our IP rights.

 

BACKGROUND

The Rights Holder and our company are in the business of designing, developing, producing, marketing and selling special interactive electronic prayer mats for Muslim children (“Our Salah Mat”).

The Rights Holder has spent considerable time, money and efforts developing Our Salah Mat, and the Rights Holder and our company as licensee of Our IP Rights have spent a significant amount protecting and marketing Our Salah Mat under the brand “MY SALAH MAT” (“Our Brand”) internationally

 

IP RIGHTS

The Rights Holder is the proprietor of the following IP Rights; i.e.,

  1. registered international trade marks (the "Trade Marks");

  2. registered design rights (the “Design Rights”);

  3. copyrights (the “Copyrights”); and

  4. pending patent rights (the “Patent Rights”).

Please find the full particulars of the IP Rights by following the links provided immediately below for your ease of reference.

 

Registered Trade Marks:

International Trade Mark: WE00001492198 (fig.) - ‘My Salah Mat’
Link: https://trademarks.ipo.gov.uk/ipo-tmcase/page/Results/23/WE00001492198 Registered for Class 28: Educational toys
International registration date: 6
th August 2019

Covering the following jurisdictions: LV, LU, LT, GB, HR, RO, CA,TR, HU, FR, BG, BE, ID, DE, FI, DK, IE, AT, CZ, CY, US, SE, SG, IN, SI, SK, IT, KZ, BA, MT, PT, PL, RU, EM, GR, ES, NL, EG, EE, CN, KW, SA, QA, OM, AE, PA, IN, MY, CA, US.
Date of Designation of the EU: 6
th August 2019:

Date of Designation of the UAE: 22nd December 2019:

Applications pending for USA, China, Canada, Pakistan, India, Turkey, Malaysia, Indonesia

UK00003357769 (fig.) - ‘My Salah Mat’
Link: https://trademarks.ipo.gov.uk/ipo-tmcase/page/Results/1/UK00003357769 Registered for Class 28: Educational toys
Filing date: 1
st December 2018
Date of entry into register: 22
nd February 2019

 

Registered designs:

Registered Design number UK 6067748 - “a prayer mat”
Class: 21 Games, Toys, Tents and Sports Goods
Sub Class: Games and Toys
Link:
https://www.registered-design.service.gov.uk/find/6067748 Filing date: 7th August 2019

Date of entry into register: 7th August 2019

Copyrights:

  • All artwork and design on Our Salah Mat itself

  • All artwork and design on the packaging for Our Salah Mat

  • All texts on the packaging for Our Salah Mat

  • Voice recordings of reciters in Arabic and all other langauges

    INFRINGING ACTIVITIES

    We have discovered that you are on the Platform offering for sale the Infringing Products, which are deemed to be direct counterfeits of Our Salah Mat and the packaging of Our Salah Mat; and hence, your actions are infringing Our IP Rights.

    LEGAL POSITION

    Trade mark infringement:

    As the Rights Holder and/or our company has not at any point authorised you and/or the producer of the Infringing Products to use the Trade Marks, your marketing and sale of the Infringing Products is an infringement of the same.

    In light of the above, the Rights Holder and Our Company are entitled to commence Court proceedings against you for trade mark infringement. The remedies available include an injunction, delivery up or (at our option) destruction of all Infringing Products, damages or an account of profits, as well as interest and legal costs.

    Passing off:

 

Infringing Product vs. Our Salah Mat.

As a result of the Rights Holder’s and our company’s creative efforts and extensive trading activities we have built up a substantial goodwill and reputation in Our Brand in the UK, EU and elsewhere in the world.

In view of the substantial goodwill and reputation internationally of Our Salah Mat, Our IP Rights in general and Our Brand in particular the Infringing Products’ use of Our IP Rights in relation to prayer mats is likely to deceive the public into a mistaken belief that the Infringing Products that you are selling are Our Salah Mat, or are associated or connected with Our Brand, the Rights Holder and/or our company. As a result, the continued presence in the market of the Infringing Products being sold as a counterfeit of Our Salah Mat and infringing Our Brand is likely to cause substantial damage to the Rights Holder’s and our company’s reputation and goodwill.

Infringement of the Design Rights, the Copyrights and the Patent Rights:

Moreover, your actions may be infringing the Design Rights, the Copyrights and the Patent Rights of the Rights Holder as defined above.

 

REMEDIES REQUIRED

Your infringement of Our IP Rights and passing off (as described herein) is unacceptable and must cease immediately.

We would prefer to avoid using the Court process, as we view legal proceedings as a last resort. We therefore attach/enclose undertakings to be typed on your headed notepaper, signed and returned to us within 7 calendar days of today.

If we do not receive the signed undertaking by the set time, formal legal proceedings may become necessary, which may be issued and served without further notice to you. We trust this will not be necessary as we hope to resolve this matter in a prompt and amicable fashion.

We look forward to hearing from you. In the mean time the Rights Holder and our company reserve our rights and remedies.

 

Yours faithfully
MY SALAH MAT LIMITED
UNITED KINGDOM