Just to let you know some scumbag has registered the name OpenCart ltd in the UK. I believe this is an attempt to export money out of opencart at some point. or try to steal the business!
His name is Botonakis Konstantinos
Hes also running this web site:
http://www.opencartgreece.gr
I have removed this guy as a seller and partner.
He has been supplying opencart users with invoices using the opencart ltd name.
He has no right to use the opencart name! I have a registered company in Hong Kong called opencart ltd since 2012 and have been running this project since 2004.
Botonakis Konstantinos is well aware of the opencart name being in use as he has been a extension seller since 2013.
He is confusing opencart users into believing we are issuing the invoices!
I have contracts in the UK and all around the world with payment gateway providers all signed with opencart ltd going back years.
There is not much i can do at the minute since the holiday season has just ended and need to wait until monday to speak with a lawyer.
I dont know what this guys plan is apart from wasting my time! that my development time has to be stopped just to sort this out!
Hes not the first idiot to try something like this!
remember osCommerce -vs- eCommerce Ventures Ltd
http://forums.oscommerce.com/topic/3435 ... tures-ltd/
OpenCart®
Project Owner & Developer.
In the US, we have clients that question us all the time about odd 'invoices' they receive in the mail from 'domain registration' companies to see if they are legitimate. Usually 99% of these invoices are not 'real invoices' but rather shady and misleading contracts with odd wording that have the client unintentionally switch domain registrars, change hosting, etc... with exorbitant fees.
I wonder if the scammer might be targeting existing Opencart stores in the UK with these types of fake invoices.
If this is the case, he might be digging his own grave. Some of the people he is sending invoices to will probably question the reason for the invoice. Those people will probably end up contacting your company asking about the invoice at which point they can be alerted that the invoice is not legitimate and did not come from your company. That's going to put the scammer in an interesting predicament legally if people start reporting him to the authorities.
Get a lawyer and you will win it.
I'll try to find a link to the topic over at forums.oscommerce.com
Edit: The name osCommerce has been stolen!, by yours truly
Norman in 't Veldt
Moderator OpenCart Forums
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thing is when i emailed this guy he acted like there was nothing i can do. We are different companies etc.., so he has the right to use the name.
how stupid!
https://www.gov.uk/fraud-and-international-trade
- stealing a business identity or creating a fake business
he has a web site with the opencart name in it. Hes using the opencart logo. hes issuing invoices to users of opencart with a invoice opencart ltd on it!
Instead of an apology and telling me he will change the name. im being told by this guy there is nothing i can do to stop him!
All he needed to do is pay 50 GBP to change the name or close the company down.
How much does it cost to hire a high end developer per hour these days?
around 80 GBP?
because so far i have wasted probably 5 hours researching laws, lawyers, trademarks etc.. as well as the cost of sending the letters out. around 650 altogether.
Instead of being able to work Ive had to waste my time on this! when its simple case and he has not got a leg to stand on!
OpenCart®
Project Owner & Developer.
Make sure that bill reflects the real costs he will face, maybe he will come to his senses.
Norman in 't Veldt
Moderator OpenCart Forums
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The company is registered since 2013 and used without any invoice as OpenCart even if the domain is opencartgreece.gr.
The company OpenCart LTD is already registered 100% legally in UK and in Greece is registered as Botonakis Web Development and invoicing as this name. Your company in UK is registered as OpenCart Cloud Limited.
The only issue we had and been already advised was the logo and the similarities of it and removed by a temporary version. The usage of the logo was after you made our company official Greek Partner (now you removed it).
Files, invoices, hosting, services and all the information shared are our creation and never invoiced as OpenCart as you said or used this name. Also, we have proof of the opposite. Do you have proof of what your are claiming?
As for addition we had proof for no paid extensions sales, banned accounts with no reason by yourself and threatening emails by you.
This is the 100% truth and the rest will be in the courts.
Some links:
https://beta.companieshouse.gov.uk/sear ... q=opencart
https://www.ipo.gov.uk/tmtext.htm
OpenCart cloud is my 2nd company! it was registered in the UK because my 2 other partners in this company are UK based. It was Incorporated on March 2015.Your company in UK is registered as OpenCart Cloud Limited.
It is illegal to register a company name or trademark that is already in use! now maybe your argument would work out if we didn't have any customers in the UK but since we are no 2 in the UK in terms of people using opencart over other ecommerce scripts and your well aware of the opencart brand being used in the UK. As i said in my previous posts i have contracts going back since and before the company was registered.
plus 10,000's of people in the uk running stores with the word "powered by opencart" on them since 2005.
sourcefoge from 2006 (after i stopped downloads directly from my server).
http://sourceforge.net/projects/php-ope ... rce=navbar
you seem to be picking out laws that suit your needs and ignore the ones that won't. such as applying to register a company also implies copyright over said name!
you mean the domain name was registered since 2013. i have one registered in 2004.The company is registered since 2013 and used without any invoice as OpenCart even if the domain is opencartgreece.gr.
you registered the company Oct 2015 (3 months ago).
I have the emails from you telling me that is why you registered the company!Files, invoices, hosting, services and all the information shared are our creation and never invoiced as OpenCart as you said or used this name. Also, we have proof of the opposite. Do you have proof of what your are claiming?
your own words:
if this is not true then so what is the reason you registered the same name company? let me guess, steal the brand!The company was registered by our company lawyer and not by me. The reason was 100% invoicing in UK.
OpenCart®
Project Owner & Developer.
Looking at the previous osCommerce case, where the name osCommerce was not even registered before Rhea tried her theft, we will just have to wait what the judge will say.
From what I know the UK IPO does not check anything so I can even register Microsoft if I want; registering it does not say anything.
On a personal note: Botonakis, you are just a thief.
Norman in 't Veldt
Moderator OpenCart Forums
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Of course, it is down to the judge to decide finally and it will most likely be a time consuming, expensive case to fight.
To not waste each other's time, I think botonakis should consider dropping the name in UK and discuss it privately with Daniel.
http://www.companylawclub.co.uk/passing-off
This term is well known in Greece though - μαλάκας
Nice find!mrbill wrote:I've had issues like this before, but fortunately did not have to go to court as a simple letter to the perpetrator solve the issue. It is called 'Passing Off' - perhaps a term that is not well known in Greece
http://www.companylawclub.co.uk/passing-off
This term is well known in Greece though - μαλάκας
Norman in 't Veldt
Moderator OpenCart Forums
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http://www.inbrief.co.uk/intellectual-p ... ng-off.htm#
It should be no problem for Daniel to make his case, but much depends on how much of a μαλάκα he is dealing with.
http://www.southeastasia-iprhelpdesk.eu/?q=en/node/311
Opencart sites I am currently working on:
http://www.cablecafe.co.uk
http://www.exclusivelygorgeous.co.uk/
https://en.wikipedia.org/wiki/Apple_Cor ... e_Computer
Of course, Apple Computer are now in the music business now too - so the lines can be very much blurred
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