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Another seller threatening me

by Seller_QLQkkaDJ0FqtX

Hi so you guys remember that guy I was a little jealous of who’s bath bombs were worse than mine but sold more since he had more professional pics. Well looks like I got his attention. Funny how I’ve been seeking from the exact day as him but now that I improves my look and pics he messages me this

Firstly his bath bombs are made in china and they are not patented as many already sell these. Secondly IF they were, that’s still not an issue as I designed my mould from scratch, it’s 3x bigger and a completely different design. So I am not worried at all. Ok my listing images do look a little like his as me and him are the only ones who have a stone background in the first pic but all other bath bombs has a similar theme pic.

How do I go about answering to him?

Tags: Images, Listings
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Seller_7VbclcPFFRTnc
In reply to: Seller_QLQkkaDJ0FqtX’s post
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Seller_77IcbQKVGdZo0
In reply to: Seller_QLQkkaDJ0FqtX’s post

I’m not going to make any judgements on whether your product is similar but they do hold a design right for a crystal bath bomb set

https://www.registered-design.service.gov.uk/find/6135099

They may well be able to take down your listing with this registered design right and you will have to prove that your listing doesn’t infringe on their design right. From other posts where this has happened it is almost impossible to fight.

You may be wise talking to your competitor and trying to find a solution

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Seller_QLQkkaDJ0FqtX
In reply to: Seller_QLQkkaDJ0FqtX’s post

Also the design is before I actually had inventory in Amazon, I remember starting the shipment in April

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Seller_QLQkkaDJ0FqtX
In reply to: Seller_QLQkkaDJ0FqtX’s post

The weird thing is my bath bombs look more similar to their patented picture than their. But again how can someone do this as I’ve seen them bath bombs everywhere. It’s like someone patenting loom bands

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Seller_QLQkkaDJ0FqtX
In reply to: Seller_QLQkkaDJ0FqtX’s post

I’ll ask some lawyers who specialise in this , this really put a damp on my day. Spending months perfecting it to someone with an inferior product who’s main focus is profit that quality to come and threaten me

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Seller_bxGApda6j8zcZ
In reply to: Seller_QLQkkaDJ0FqtX’s post

All other queries aside, I would URGE you to get public liability insurance. One claim and your world might come crashing down around you.

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Seller_DTufFoxJuMU0M
In reply to: Seller_QLQkkaDJ0FqtX’s post

Comfycozy doesn’t look like a 7 figure global company to me, it looks like 1 person, with a 3 figure turnover - However I would seek legal advice regarding this patent to see if you are in fact infringing it, as it could cost you a lot of money if you are and he does take you to court, regardless of how much turnover he has or how many employees he has.

Now is definitely the time to make sure you have all the relevant safety documentation that you may need, I’m not sure what the exact rules are around bath bombs, but I would like to think that not anyone can throw ingredients together in their bathroom and sell it without some form of testing going on.

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Seller_DTufFoxJuMU0M
In reply to: Seller_QLQkkaDJ0FqtX’s post

In fairness a photo in a hand is a good idea of the size of item you are going to get and hardly an original idea

I do much prefer the look of the one in the top photo though haha, asides from the fact its bigger it looks better generally.

On saying that I am one of those people with sensitive skin that doesn’t buy bath bombs etc but from memory they weren’t open like that so you could see crystals etc inside, they were just a ball that dissolved when you put it in the bath, so is that possibly what they are accusing you of copying? (this open look with the gold trim)

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Seller_VJFloi7Cs0iaR
In reply to: Seller_QLQkkaDJ0FqtX’s post

It really doesn’t help that you’ve tried to knock off the listing, by copying the layout and photos etc.

I’ve had countless sellers literally copy and paste our marketing images on Ebay many times to the point where you can still see our brand watermark and there’s usually not much point pursuing it on there, on Amazon it’s different, you can report them and have the listing closed within an hour, a lot of products and images look similar, that’s the way it is, especially if something is selling well, people don’t copy products from page 263 of the search results.

I’d be very surprised if you had anything to worry about legally with the regards to them suing you over the product itself, if you can prove that it is materially different. I would just change the photos and explain the situation to them, let the other seller have the feeling of winning and move on to a new better strategy to sell your products.

And as you’ve been advised, get all your legal documents in order, safety certificates, insurance etc.

Good luck

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Seller_QLQkkaDJ0FqtX
In reply to: Seller_QLQkkaDJ0FqtX’s post

Like every factory in china makes what they’ve patented , if you also search on google many also seek them in uk. Mine is completely unique as the shape of mould took me months to perfect . At first I wouldn’t buy my product but now I would ! It’s stunning and I really don’t want it to be taken away

How can someone really buy from stock production in china and patent it here. Like so many people sell stock china products same type of bath bombs on Amazon

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