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What are my rights?

 

I really would like to know if someone could answer this as soon as they could as I just discovered that someone bought wholesale from us. Everything we sell at wholesale is properly packaged and labelled and has our logo and brand name on it. Then they are reselling it, and they have taken our photo and description on their website to resell it word for word. They took the photo that I myself took of my product without permission.

 

Please advise. Thanks!

 

Now I feel stressed.....

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Just want to add, that I don't mind that they resell it. Thats fine but not to take away all my had word. My item description, my photo, and my hard work into all of this and will they remove the label as well. they don't say in their description that it's Henna Sooq product either.

I don't understand what the problem is here.  Every unit they sell of yours, they use the same marketing tools you do to sell, and they buy from you.  It's like there's more of "you" out there.  What other purpose did you have for your photo, etc. than selling units of your product?
You run the risk of people removing your labelling as well since it's hard to distinguish this particular powder from others as most come in foil packages. We have to get boxed packaging as it'd be better for us in the long run. We fixed this issue and got a better understanding of what we both wanted. thanks

But even if they remove your label, so what?  They've already bought it!  Why should you care what they do with it?  You've got their money; you wanted free publicity too?

 

Maybe if you have a background in MLM where they have such things as down lines, such that you get commissions from further distribution of the product, you'd think in these terms.  But AFAICT, when you're an independent business you get to sell a unit of product only once, and then it's not yours any more.

 

Yes, I'm aware that there's a concept called "reverse passing off", but there are only very narrow circumstances in which it bites you.

 

Businesses are weird about their TMs.  If reverse passing off is the opposite of counterfeiting, then it would seem to have another opposite represented by this strange case:  A hotel in Chicago hosted a Monopoly tournament, but Parker Bros. objected to their publicizing the tournament by that name on the marquee type sign or other publicity.  Go figure -- they bought their game equipment, they were giving the maker of the game free publicity -- and getting a complaint that would never stand up in court if it came to that.  So as a big "up yours" to Parker, they changed the name of the event to a "Monotony" tournament.

 

So what are you worried about, Khadija?  That the customer will build up a clientele for the product under their name, then change suppliers, keep that name, and hope that none of their customers will notice the difference?  You should be so lucky!

Good day Robert. 

 

Our company is a brand name so we are also building a brand name. I highly disagree with people who take others people hard handmade or hard earned product and remove all of the trace of who makes it or whose it is, by removing those things and placing it as theirs. That's not the approach of our business. We have a goal and we're building towards that.

 

I do understand your last point. Very well taken :) Thank you. I appreciate the input and the insight because we do have to look at it from various angles. I hope that the product alone speaks for itself, but right now we hope that difference can be seen, and there are a few companies that actually have the same source in our field of herbs so it's sometimes hard to tell. 

 

We'll see how it goes, and hopefully with NO worries! Thanks again

Khadija,

 

This is not at all uncommon, unfortunately.

 

This discussion and accompanying links may help.

 

dM

Thank you. I'll take a look. I was thinking maybe I should have it more clearly outlined...

I have added my stamp on most of my photos but the product ones you want them to be as beautiful as possible and clean and crisp. To me at least. Watermarking. I've tried but been unsuccessful. It's like hidden marking on the photo right?

 

Luckily they have removed it :) and were very understanding.

 

They actually said they thought it was okay, like that because they bought wholesale they could use everything there. They just resale products in general. They don't have their own brand or line of products. So maybe they don't understand that part of creating your own business. A lot of people grab from google and think it's free for all.

Hello Khadija,

That is great they took it down with minimal effort from you.  Sometimes this is done innocently and other times it is deliberate.

But for future, I advise researching the DMCA (Digital Mellennium Copyright Act) and The Fair Use Doctrine so you will be better prepared if this occurs in the future.  When knowing what your rights are, you will find it easier to deal with those that borrow your work, and the stress you experienced will subside.  It isn't personal, but business, handle it that way and you'll find in most cases, once the offending party is contacted they will comply and if not, the hosting company of their site is required to take swift action against them, once presented with the evidence.

Good Luck for future!

Thank you! I am going to research that further. Have a good weekend

Well here is my thought on this subject.  Not using your logo is understandable - but if you are wholesaling then from a seller and marketing point of view - using your words - description is not a big deal, when I first started in this kind of business my mentor with whom I purchased most of my supplies from at the time not only did she provide me with here recipes but didn't mind at all that I used her words - because if it helped me sell my products it meant that I bought more supplies and such from here.  That is all just good marketing and customer service - what do you care if they use your words as long as they purchased the stuff from you.  But your logo is private and should not be used unless item is sold under your brand name.  Oh don't know if this helps but I have a degree is business and marketing.

My husband also has  a business degree. :) I do absolutely agree with you on the wholesale aspect and getting people to purchase the items. Absolutely and I have said I would be as helpful as possible. But what I had wanted was the recognition for that being our product because I deal directly with the farms and not everyone has the opportunity to find an organic farm in India to purchase from. We have them supply us with our herbs that are organic and this means a lot to me. If you want to copy my exact wording and text, then please make note that it was taken from that source. What if I had written it in a book form? It's the same as online to me. If I wrote a blog post all about the product, and then someone copied and pasted, then it would be taken my word, my copyright. So if they wanted to, that's fine, just ask. :) Let me know. What bothered me most was that they took my photo of my product as well.

 

I just have to make a guideline on what I expect from resellers, and retailers, and what we give to them in return as far as support goes.

 

Thanks Fred. I agree with you, but wanted to point out that I look at my product as a brand name. A henna brand name, and that's one of my goals.

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