Someone else selling our product, what to do?
Discussion
The design is registered in the EU and we are sole importers and distributers.
I have checked and non of my resellers are supplying the company, so they have seen the design in person at a trade show, or in a magazine... they are subseqently copying it (not in a slightly changed way) and selling it at their London store.
What can I do at the moment as we do have the backing of the lawyers in the EU main company, but Im just looking at the options first.
Does it start with a cease and desist letter or is there more to it?
More than happy to have them supplied by us, but not copy the design and go off the back of the media/public interest we are getting, when we could potentially have their customers coming after us if they have issues with the product if its substandard.
I have checked and non of my resellers are supplying the company, so they have seen the design in person at a trade show, or in a magazine... they are subseqently copying it (not in a slightly changed way) and selling it at their London store.
What can I do at the moment as we do have the backing of the lawyers in the EU main company, but Im just looking at the options first.
Does it start with a cease and desist letter or is there more to it?
More than happy to have them supplied by us, but not copy the design and go off the back of the media/public interest we are getting, when we could potentially have their customers coming after us if they have issues with the product if its substandard.
I think you need to work out if the items are grey imports or copies and then proceed on that basis.
Maybe a phone call or store visit to ask some pertinent questions and then formulate an approach. You don't have to let them know who you are but at least you can find out a bit more information and ask some questions about where the stock is from etc..
They may not realise they are selling grey or knock off stock.
Maybe a phone call or store visit to ask some pertinent questions and then formulate an approach. You don't have to let them know who you are but at least you can find out a bit more information and ask some questions about where the stock is from etc..
They may not realise they are selling grey or knock off stock.
Is the product made in the UK? Reason I ask is it is not unknown for the manufacture to be out sourced to China....who then copy & sell it as they please. Worth checking before you go all guns blazing against the person who is selling it in London who may be taking the product totally innocently.
Product is made in the owners factory in the EU, He owns the factory and the design, hes my contact and my supplier to the UK.
He is not aware of anyone else supplying the UK (his resellers) as we have contracts in place that mean none of his resellers or him can supply the UK and I will not start shifting stock to areas he controls.
Suppliers just need a phone call off me, as soon as I have been to see the knock offs myself in person.
I think what info I need is:
The supplier.
Where the wood is sourced, as the companies (ours and owners) are about substainabilty using northern European woods, if someone is now using rainforest wood, it goes against everything we are doing.
If they dont have a supplier, where they got the idea from.
Im already sending in a friend who is helping out (one of his friends mentioned the seller of copies to him), as he is nothing to do with our company, so there is no tracking back to us if queried who he is etc.
He is not aware of anyone else supplying the UK (his resellers) as we have contracts in place that mean none of his resellers or him can supply the UK and I will not start shifting stock to areas he controls.
Suppliers just need a phone call off me, as soon as I have been to see the knock offs myself in person.
I think what info I need is:
The supplier.
Where the wood is sourced, as the companies (ours and owners) are about substainabilty using northern European woods, if someone is now using rainforest wood, it goes against everything we are doing.
If they dont have a supplier, where they got the idea from.
Im already sending in a friend who is helping out (one of his friends mentioned the seller of copies to him), as he is nothing to do with our company, so there is no tracking back to us if queried who he is etc.
Check your licence agreement carefully. Are you the exclusive or sole licencee in all of the EU?
Depending on the terms of the licence you have, you as licensee might have no rights to do anything against the alleged infringer, in which case the responsibility will usually rest with the IP owner (i.e. licensor).
Whatever you do, do not write or approach the alleged infringer making any threats of action.
You should buy a sample of the product from the alleged infringer.
To satisfy yourself, you should get a copy of the registration certificate of the registered design to make sure that it covers the product that you are selling and also the product that this third party is selling. Unfortunatly nowadays an product must be virtually identical to the design registration in order to infringe. Remember also, that you must compare the third party's product to the design shown in the design registration, and not to the physical product that you sell.
Depending on the terms of the licence you have, you as licensee might have no rights to do anything against the alleged infringer, in which case the responsibility will usually rest with the IP owner (i.e. licensor).
Whatever you do, do not write or approach the alleged infringer making any threats of action.
You should buy a sample of the product from the alleged infringer.
To satisfy yourself, you should get a copy of the registration certificate of the registered design to make sure that it covers the product that you are selling and also the product that this third party is selling. Unfortunatly nowadays an product must be virtually identical to the design registration in order to infringe. Remember also, that you must compare the third party's product to the design shown in the design registration, and not to the physical product that you sell.
Edited by Katzenjammer on Wednesday 14th May 13:31
This kind of thing is for the owner to combat... hes the one that is losing out here... I supply resellers/dropshippers/hotels/spas and sell on several websites.
If someone is doing knock offs, Im not one to start jumping in 2-footed as its their issue.
Im the sole supplier and distributor to UK and Ireland, if someone is importing in, then its my issue, if someone is creating knock offs then thats their issue.
If someone is doing knock offs, Im not one to start jumping in 2-footed as its their issue.
Im the sole supplier and distributor to UK and Ireland, if someone is importing in, then its my issue, if someone is creating knock offs then thats their issue.
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