Infringement or just cheating by another seller?


#1

Hi,

I sell Khadi Natural India products in the UK and Europe, www.khadinatural.com which was established in 1960 in India l, however aroun 2010 someone in Germany copied the same name www.khadi.de and called their product Khadi natural.

Now the situation is, www.khadi.de has registered their brand in Europe and reporting my Khadi Natural India (original product) as a counterfeit product.

I have already tried to explain in the email to Amazon but they don’t understand, all they are asking if I have a trade mark license in Germany ?

Can anyone suggest how to deal in this situation ?

Many Thanks
Gaura


#2

Did you trademark your product?


#3

Hello @ Khadi_Natural_UK,

As you have stated that the brand has been established in 1960. I would request you to kindly reach out to the rights owner and explain the situation to rule out the ambiguity. If the concern has been resolved, ask the rights owner to retract the complaint.

In addition with this, it is advisable to submit the proof of authenticity e.g. invoices, licensing agreement or court orders to make sure that the account is on the safer end.
The requirement of invoices are as below:
-Copies of invoices or receipts from your supplier issued in the last 365 days
-The document should reflect your sales volume during the last 365 days.
-The invoices should consist the details of the supplier including name, phone number and address.

Incase if you are the manufacturer, submit the documents which prove that you are the rights owner of the brand.
Along with the invoices, I would recommend to work on the plan of action which is also required.
Look for the cause of infringement complaint on the account and appeal the same in the below format:
-Root cause of the issues on the account.
-The step taken to resolve the issues.
-Future preventive measures to avoid Intellectual Property Rights issues.

Do take a proactive initiation, so that it would not lead into a negative impact . Kindly check the performance notification and submit the appeal to the alias mentioned in the email received.

Best regards,
Harleen


#4

Your only recourse is to challenge the trademark. You will likely need to seek legal assistance in doing this and expect it to cost several thousand pounds per registration.