Someone reselling my product without permission

Poshsalt

Hi,

We have a product that is trademarked that we sell in singles and in packs of 20's.

A person emailed me asking can he have a wholesale price, which we dont offer. We've noticed over the last month they had been buying boxes of 20's and probably spliting them into singles to sell online.

We don't do wholesale and we dont want someone to buy our product from someone else incase there is a problem and we are effected as our company details are on it.

How can I stop this? Should we ban them? Or send a letter for any sales of good without trademark agreement is a infringement?

Grumpy_chap

The price gain between 20 and single packs must be large if it is worth someone splitting the multi pack to sell as singles and still make a profit.

Poshsalt

Grumpy_chap said:

The price gain between 20 and single packs must be large if it is worth someone splitting the multi pack to sell as singles and still make a profit.

Are prices are very low for a multi pack, spliting them up would make about £2 per product which we would think isnt really worth it but they must think it is!

Grumpy_chap

So, it is possible to buy 20 things, split and make £2 x 20 = £40 profit.  Or did you mean £2 in total from 20 things?

nick74

All you can do realistically is stop selling to them. I don't see how it can be infringing your trademark when they are selling goods purchased from yourselves in the first place?

You say you are concerned that your company details are on the products and people would contact you if they have a problem, but surely that would happen if consumers bought the products directly from you anyway?

Perhaps change the packaging to include a 'Multipack - not to be sold separately' warning. However even then they would not be breaking any laws if they ignored it.

It sounds like you are probably selling the multipacks too cheaply in comparison to the singles (or vice versa). 

Billy_B_North

They are theirs to sell once they’ve bought them, so you’ve no route to stop them, but as others have said, you can stop selling to them, or adjust your own price differential.

Poshsalt

ok thanks for the help

theoretica

You only think they are 'probably' splitting them to sell online? I would want to know more about what was happening to them if I could - might benefit your business to know.  Have you looked for listings?

Are they not something that one organisation could use a lot of?  Or some people act as agents to get things not easily available in other countries.

Poshsalt

theoretica said:

You only think they are 'probably' splitting them to sell online? I would want to know more about what was happening to them if I could - might benefit your business to know.  Have you looked for listings?

Are they not something that one organisation could use a lot of?  Or some people act as agents to get things not easily available in other countries.

I've seen people using our trademark name on auction sites. People have been taking off our logos to pretend they are us on sites. We have contacted ebay but they are slow to reply, we wonder whether we should contact a trademarks solicitor.

It would be a different story if it was a major retail store, not one person whos bought 20 and made £40 an now is after wholesale price and is asking if we can change the parkaging for amazon lol.

Mistral001

I once tried to sell an accountancy software CD which was in a case that was unopened (it was in the days when you only got software on CDs).  It was the most famous brand so most people will know the brand I was  selling.   My listing was taken down by Ebay within a few hours.  I just did not have time to learn how to use the software and it sat on the bookshelf gathering dust, so I was certainly not a major retailer.   

I would not give up with your complaint to Ebay.   Regarding my software CD, I assumed that someone from the software company was searching Ebay several times a day and making a complaint to Ebay each time they saw their product being sold by someone else.  In other words persistent complaining to Ebay might work.

JamoLew

I think theres 2 issues:

1) someone buying your products from you in 20s , splitting them up and selling as singles and making a profit
2) someone selling your product claiming to be/represent you


1) not a lot you can really do about this - it happens daily with too many products to even list (its essentially what most businesses do)
2) much more serious and potentially damaging for your business - not sure what you can do to stop it