Toggle sidebar

Supplier Now Selling My Product That I Designed

  • Thread starter Thread starter geester
  • Start date Start date
Sort by date Sort by votes
G

geester

I have an issue as a supplier I used who is manufacturing and selling the product that I designed (I own the design right).

Any ideas what to do?

I move business and location from the midlands to the East coast and when I was in the midlands I asked a manufacturer to manufacture a product I designed, I used him for a period of 6 months then moved areas, so I wrote to him and explained I would no longer be using him (as the last batch was manufactured incorrectly) and for him to return the drawings etc, however he did not return the drawings and now I am told he has approached several of my "resellers" telling them he can supply the product!

What can I do? Go the legal route? Been told it will cost over £200 for a single letter, "to get the ball rolling".

Any other ideas or a more cost effective legal services company.
 
Doing this legally could cost you a fortune. I would get a half hour free appointment to get legal advice so you know roughly where you stand and what you can do....then take it from there.
It may be that an initial letter from you to the supplier may suffice....or it may be best to pay for a legal body to send an initial letter......you need more advice on where you actually stand before deciding on the way forward.
 
Upvote 0
I even have emails form supplier stating that they will not manufacturer or copy my design and as soon as i am out of the area they start copying, the other option is to pay them a visit in person...
 
Upvote 0
I wouldn't pay them a visit....in my opinion you need something in writing to them...whether this be from yourself or a lawyer.
When you say the designs are your own etc......have you actually registered them anywhere .....you also need to dig out any paperwork or agreements you had in writing over the use of the designs when you intiailly started the production with them.
 
Upvote 0
Send over your agreement with them and I will have a look at them for you free of charge. We charge fixed costs for infringement letters and can also advise on other action you can take to resolve infringment cases.
 
Upvote 0
A Criminal law case perhaps if he is making claims that he designed it et al. Call the police they will prosecute maybe and that would be free.

OR sue in civil court, by going to a solicitor and getting representation.

If in doubt get a pro out..! Im only an LPC student.

regards
Jules
 
Upvote 0
It is a tough task to make him stop manufacturing your design,if you can not solve it through law,you should find another way to eliminate them either by quality or competitive price.
 
Upvote 0
Unlikely to be criminal, but there could well be a civil claim.

As a first step, write formally, asking them to cease as desist all manufacturing, promotion or sales of the item, and insist the original drawing and all copies are returned and electronic copies destroyed.

Get them to sign a statement saying this is all done. If they breach this again, it would make a civil case easier. You would likely be awarded the value of the lost profits, but legal costs could potentially be very high, so you would have to make a judgement if it is worth it.

Also, the legal route could take years - you or they may go out of business before it was settled - so trying for something directly is far easier.
 
Upvote 0
Why not turn this to your advantage? Are you still selling this product? If not, why not licence the design to them, and you take a royalty for each one they sell? It would save you the hassle, earn you something, and maybe turn this problem into an opportunity?
 
Upvote 0
You must log in or register to reply here.

Similar threads

xiazhi56
My brand was hijacked by my former Chinese supplier
Replies
1
Views
251
Overseas Trade
Ozzy
Ozzy
M
Experience with sourcing agents
Replies
8
Views
866
Overseas Trade
PowerForwarding
PowerForwarding
B
Paper straw supplier here — happy to answer sourcing questions
Replies
4
Views
1K
General Business Forum
MikeJ
MikeJ
M
Online Sale - Condition Based Return ; Goods Returned Damaged
Replies
18
Views
5K
Legal, Employment and Insolvency
fisicx
fisicx
M
Legal action against my business : Intellectual Property Design breach
Replies
28
Views
11K
Legal, Employment and Insolvency
MikeJ
MikeJ

Latest Articles

Top Bottom
Back