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Counterfeiting

 
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bode
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Joined: 18 May 2011
Posts: 19

PostPosted: Fri Oct 07, 2011 7:54 pm    Post subject: Counterfeiting Reply with quote

Another month, another infringer trying to ruin my business.

Infringer number 6.

Using my product listing on Amazon to list their own product.

I manufacture a product which has my business name in the title of the Amazon product listing..."Acme plain red car seat cover"

My product is currenty the best selling and highest rated product in its Amazon department. When I realised that I had zero sales for that product, I noticed that a competitor was manufacturing his own version and taking advantage of my top listed position and reviews to sell their own.

I tracked down their home phone and gave them a polite take down warning.

What offences have they breached?
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AndyJ
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Joined: 29 Jan 2010
Posts: 1566

PostPosted: Sat Oct 08, 2011 6:51 pm    Post subject: Reply with quote

Hi Bode,
I can't really see any major difference between the case you have described, and your earlier one here: Imitating a product range.
As I tried to make clear in my answers on the other thread, copyright is rarely applicable to manufactured goods, which is where registered and unregistered design right come into play. However if the other person has copied the wording of your description on Amazon, that may well infringe your literary copyright. If they are somehow implying via their advert that theirs is your product, and so trading off your repuation and goodwill, it may qualify as passing-off, which is a common law tort. As I think I suggested last time, your best bet is to take the matter up with your local Trading Standards, in the hope that they can bring a criminal prosecution, assuming there is sufficient evidence of an offence.
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Advice or comment provided here is not and does not purport to be legal advice as defined by s.12 of Legal Services Act 2007
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bode
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Joined: 18 May 2011
Posts: 19

PostPosted: Sat Oct 08, 2011 8:55 pm    Post subject: Reply with quote

I think I found my answer, but it would most likely be the Trade Descriptions Act 1968 and CDPA 1988.


Yeah basically he is trading off my goodwill and deceiving customers into thinking they're getting my item.

I've sent off a legal letter to them and warned that any negative reviews that are written will result in a legal case for damages and a case filed with trading standards.

The question I have for all my of my cases, is if they comply and take down offending listings, do I still have a case for legal action? Can I still claim for damages regardless?
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