Counterfeiting

'Is it legal', 'can I do this' type questions and discussions.
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bode
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Counterfeiting

Post by bode » Fri Oct 07, 2011 7:54 pm

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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Post by AndyJ » Sat Oct 08, 2011 6:51 pm

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.
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

bode
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Joined: Wed May 18, 2011 9:12 pm

Post by bode » Sat Oct 08, 2011 8:55 pm

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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