My Brand Boeing Sold Online by Someone Else
Hello,
I produce and brand my own product, brand registered too. Yesterday on an eBay search I found my product for sale at quite a high price. I do not sell on eBay. I’m not sure if I should be worried in any way.
In the unlikely event there’s a problem with the product could I be liable or the reseller ?
The inflated price they are charging is about right for the quality components I provide in the product however I’ve intentionally kept the price low on Amazon. Maybe they see an opportunity however their price is at odds with how I want to market my product. Is there any way Amazon can determine if one of THEIR customers is potentially abusing the buyer system in order to gain from the work of the brand owner and without permission of the brand owner ?
As I mentioned I’m not that bothered at present as they can only buy from me or Amazon. Nevertheless it’s not right, I think !
G
32 replies
Seller_76AUwmqvSyRIM
They are being advertised by someone and they will buy from you when they sell it. It’s called dropshipping. Normally it’s nothing to worry about although there are a few dodgy ones who automatically claim non-receipt.
Seller_QuM1AZgzfU9x4
Unless you have a particular aversion, list it on ebay yourself. Just be careful with pricing.
Seller_FhfzIInmoIaYS
Thanks Disenchanted and Forum Lurker.
No need to be concerned then.
Surprising thing is that the Amazon bot seems to notice a minor innocent Seller violation yet cannot determine a case of plagiarism.
Seller_iZL0ysZFrLJmN
This is something I have looked into because I constantly see my products (manufacturer of handmade silver jewellery) being sold on some 'dodgy' website at super inflated prices.
I've got a Brand Store, but under Amazon's new rules for Handmade you need a trademark registration, so I have just done this. Presumably you already have a trademark.
If so, this is what I've found on Gov.uk "Using someone’s trade mark, patent, copyright or design without their permission is known as ‘IP infringement’ and could lead to a fine, prison or both."
So, if they are using your trademark in any part of their selling on Ebay, then they are in breach of your trademark.
Apart from sending them a message about this on Ebay, you could also Google the page and then perhaps report to Google for breach of trademark. I totally understand where you are coming from that you don't want them sold at vastly inflated prices if it affects your marketing plan.
Seller_d8YGbIjNqwFxn
If they are using your trademark on eBay you can report them via Vero and the listing should be taken down.
If they are using your photos you can also report them and the listing should be taken down by eBay if you can prove your the owner of the photos.
You maybe better asking this question on the ebay community forums, it does require you to be a registered ebay seller though.
Seller_J6yfTBtDCpkbI
This happens to me, but im quite happy for it to happen as it just helps my ranking on amazon increasing the number of sales.
Thats me personally but each to there own
Seller_69MD5qM9DLSk2
This happens all the time with our products. Sell on eBay at double the price and when they sell one they just order it from Amazon of us and we then ship it to their customer.
This is a bit cheeky but we have a fully registered brand in the EU and the UK so we could shut them down with VERO on eBay.
The worst thing is when they sell the product for the same price or sometimes less than our price. This happens when people exploit the Vine program on Amazon.
They get the product for free then flog it on eBay :(
Seller_1U2xoyGE3Xvv8
Yes its called drop shipping, and its best to have it took down because they will not be able to provide a warranty, not only this, in some cases the drop shipper will exploit the returns policy. Contact eBay vero program and submit a trademark infringement and they will take it down. Set up a search for your own trademark on ebay to monitor for repeat offences.
Seller_ZQyopdiwkUHOZ
The entire argument falls apart here, as you don't know they're dropshipping, you're presuming.
I googled the info from your quote, and it seems to be info about selling branded products on marketplace sites. Although there is mention of selling from your own website, and the potential for legal action to be taken by IP holders, it isn't clear in that section that what's being discussed is selling legitimate products, as a large portion of the article is discussing counterfeiting as well.
As for Tesco vs Levis:
"The ECJ had ruled that the retailer was not allowed to source Levi jeans outside the European Economic Area and sell them at low prices without the brand owner’s consent.
Tesco bought jeans from wholesalers in the US, Canada and Mexico, countries where they are sold more cheaply. The jeans were then sold in the UK at about half the price recommended by Levi Strauss."
This was a case of parallel import, so isn't applicable to this situation.
Seller_iZL0ysZFrLJmN
From the OP - whether it's dropshipping or not -"Twice the price, same photographs, same text, same trademark."
