A trademark has copied my product designs and registered under their trademark


#1

A registered trademark has copied my product designs and started selling their products on amazon under their trademark.

Can i make a legal claim against the brand owner who has copied my products?

Link to My product:

Link to Copy product:


#2

Do you believe that the glass bears are similar in design then?
The gift box does seem very similar, but I am not personally convinced that the bears are that close.


#3

The point is, the bears are similar enough and the box is an exact copy. The poen in the back of the box against might be different but the design is exactly the same.

As i understand it, the copy does not need to be exact design because anyone would be stupid to do so. But they have copied the general design of the product, as in the box, the bear, the little heart, the poem in the back etc.


#4

But isn’t that also true of say a ring in a box which could come from any of 100 manufacturers?
I wouldn’t have thought that you could claim the exclusive rights to the gift in a box idea.
However if you feel that the design of the bear infringes upon your design rights then you need to challenge the other parties design in court by involving a Solicitor.
Amazon will not intervene on your behalf as they do not know the rights and wrongs of this.
So

Yes, of course you can.
Whether you would win I wouldn’t like to say.


#5

The whole presentation is copied - and the bears are similar enough, though the original is better.

That said I doubt Amazon will bother other than to block both listings as they seem to do in these disputes.


#6

I could not see any registered trademark on either of the products.


#7

The bear in the first photo looks like hes had a stroke, I suspect few to little sales , hopefully thats not your one :slight_smile:


#8

well its got 213 ratings so I would imagine one or two have been sold :roll_eyes:


#9

Did you personally design the bear? Was it created exclusively for you? Looking at the item it seems a little generic. Also, the brand seems to be Thorness and you are one of a half-dozen or more sellers? Is it your product and brand or are you just a retailer?

In order to prove copyright/design you’ll need to prove your original work That will be dated artwork, design drawings etc. Copyright litigation will take some time and is typically quite expensive.


#10

Another ASIN to throw into the mix. B010BW4B42
I see you are listed on it too along with other sellers, so you are selling both Teddy options?


#11

I found the box wholesaler/manufacturer so those aren’t a unique design.


#12

Of course we designed the original products years ago. Whether it was created for us exclusively or not, the fact the design was ours from roughly 2012 and it has been copied by SAFRI in 2019/2020 is the main issue as far as I am concerned.

The design was our distribution company’s and we allow many sellers to sell it online under their brand name but they always bought it from us and did not copy it and register under their trademark.

Whilst the litigation can be expensive, we cannot let people just copy our designs. I am just looking for different people’s opinion before I go and get a legal opinion as well. I know the suing culture is more for America but I feel there is a good case here because SAFRI has copied a number of our products at the same time.

Not only that, SAFRI bought this product from us over the last few years and since we decided to stop supplying them, they have copied the product.


#13

The box can be bought by anyone true but the product is, the design of the product in UK was designed and brought by our distribution company around 2012 and we have the catalogues to prove it too. This is like HUAWEI making a copy of IPhone and saying all the parts are available in the market therefore we put it together the same way you did so its our product (admittedly the companies I use as an example are very strict over trademarks etc but they’re only an example).


#14

No. That is a different variation of our design from 2012 (girlfriend version rather than mum) as well which we are selling but SAFRI has copied the bear/heart of this design and made a copy product out of it.


#15

Well I guess they’d close the two listings if we contact them as an amazon seller. However, if our distribution company contacted amazon giving them the ASIN’s of copied products only and provided out catalogues as proof, they should not be closing original listings.


#16

From my understanding a design is considered unique enough to not infringe on design trademarks if at least 3 significant points are different.
From what I can tell of the 2 listings:
The poem is different
The heart is different colour and appears to be a a slightly different size.
The bear appears to have more distinct features (i.e. the ears look more shaped and less rounded)

So based on this it would be possible for the other seller to claim it is unique enough to not infringe any of your design patents/copyright/et.

Before you take any further action I would recommend getting professional legal advice from someone that specialises in these types of disputes.

Just remember that if there’s any trademark disputes on a product, Amazon will take action first and ask for evidence later. So it’s likely any such dispute will result in your items being pulled for a while as well, either through Amazon being cautious or the other seller claiming you infringed their copyright/trademark (again Amazon would pull it THEN ask questions).


#17

Is it a registered design?


#18

Personally if I was browsing for such a gift I would consider the two bears to be different designs, and would try to choose between them [I like the second one best btw]
I am excluding the box from my thoughts as it is available separately anyway as @PeterB pointed out.


#19

Personally, I would consider both of these, copies of the Swarovski Kris Bears.
And poor ones at that.

In any case, if these are trademarked as such, then the trademark has to be of the whole thing, not just any one part.
I honestly think both are ripoffs of a long lasting brand.


#20

Reading this it looks like any dispute must be between the distributor and the seller of the similar product - you are the stockist - I assume if the distributor has exclusive rights from the manufacturer - they could go back to the manufacturer and ask them to take action - I am not sure that you have any rights other than to sell the product supplied via the distributor.