Is this a realistic expectation for suing amazon counterfeiters?

[Adam Cox]

I was recently informed by a fellow victim that our amazon products (exclusive to my trademarked brand) now have an additional seller undercutting us with fake goods. It's a massive stupid loophole in amazon which means basically any seller can sell any pre-listed product with no proof of licensing until it's questioned and gone through their 2 week legal process. At which point they'll take the money and run.

It's been 2 days and amazon hasn't even replied to my emails, unbelievable!
So I've got a growing business and I thought it might be good experience to sue this person (the other victims worked out all her contact info) and thus I'd be prepared for future lawsuits should they arrive, earning some money on the way.

So my question is, should I bother? In CBA terms will it really be worth hiring a solicitor, taking them to court, maybe getting the £500 of sales back from them and going for trademark infingement and damage to brand etc. Would it be realistically worth it? If I won could they just declare themselves bankrupt and I wouldn't get the money?

Any advice gratefully received. Hate that I have to waste time with this sickening event, so busy running a legit business and some dirty thieving little freeloader comes in and steals my time and money. eugh.

 

[TODonnell]

A cease-and-desist letter from a solicitor is an inexpensive start. Going to court might be pricey.

 

[Adam Cox]

Well I've sent one from us rather than from a solicitor, I'll look into that to make it official. If I'm guaranteed a win, would it pay off in court? I mean, she is knowingly creating counterfeit goods.

 

[TODonnell]

It's never a good idea to go to law, unless absolutely necessary, because of costs. Even if you win, you can lose big-time, in financial terms.

 

[AyrshireBacon]

There's rights, what's right and aye right.

Whilst you are completely founded in your approach and making this person aware of the infringement, anyone whom would copy is unlikely to heed any letter or indeed enforcement.

In the real world your next step is disruption of their operation eg. letting any sales channel provider such as Amazon aware (as you have), their TOS should provide for this to make your life easier. However legally binding enforcement would require an injunction and that is about eight grand, well it was last time I had to and you do need actual registered marks as well as details of those infringing as well as the money back up your actions. Most likely you may find yourself chasing an Asian company, false name etc. and may want to consider that. Many legal representatives will be happy to accept your cash with best intentions but reality is a different thing, ask yourself if the potential damage to your (established?) brand is worth the costs.

Good luck, weigh up your options carefully with this one. It will be frustrating trying to nail them down but you will get there, just concentrate on the rest of the business and don't let this consume your time.

 

[Adam Cox]

Excellent response thank you, sounds like you've had a v bad experience yourself, hope you won. I thought it might be unrealistic. Very easy to be a fraudster, easier and safer than legit business it seems. Scum. I found out its a 27yr old irish girl so I'm actually thinking of using my old evil/sneaky headhunting methods to track her parents and contact them.

 

[The Wholesaler]

Not sure if your product could be described as design led but if it is you could try talking to ACID AntiCopyinginDesign www.acid.uk.com

 

[LocalGuy]

Well it really isn't the problem with getting money out of them, the problem comes with them lowering your overall sales and potentially damaging your brand. If they take ages to send out the product or the copied product is a lower standard, (which is possible if they are undercutting your product price) then it may give your product a bad reputation if they think it is genuine.
I would just keep contacting amazon because they have the power to just take it off straight away.

 

[Adam Cox]

Amazon finally kicked her off our products though she seems to be unpunished by them and allowed to continue trading on there!! Wow, whole thing was so shocking really made us tighten up our game though, probably good this happened now rather than when we're really busy. Thanks for all the advice. I'm going to email her an invoice for damages and get my horrible credit controller friend to relentlessly chase payment for me. Doubt I'll get any compensation whatsoever though for a week of stress and brand damage to to mention lost sales. bah.

 

[daveq1]

Hi, sorry about this, this is totally of topic, but i have been searching every where to add a new post and cannot find to see the option for this....please can someone guide me on this? Many thanks

 

[simon field]

Dave, click on one of the forums from the main menu and scroll down - you'll see a green box on your bottom right 'Post New Thread'

Bit confusing really, it ought to be 'Start New Thread'

I assume you meant a thread and not a post, cos you're already posting

 

[daveq1]

Thanks for that Simon, appreciated!

 

[beasty]

sor

Amazon finally kicked her off our products though she seems to be unpunished by them and allowed to continue trading on there!! Wow, whole thing was so shocking really made us tighten up our game though, probably good this happened now rather than when we're really busy. Thanks for all the advice. I'm going to email her an invoice for damages and get my horrible credit controller friend to relentlessly chase payment for me. Doubt I'll get any compensation whatsoever though for a week of stress and brand damage to to mention lost sales. bah.

Sorry you are going to email her an invoice for orders your hoped to get?!

That is a waste of time, she has no contract with you and you may cause her to LOL a lot!

How does a credit controller chase someone who has no debt with you?

Dreaming, get a lawyer or move on

 

[rwtm.pro]

You may be pleased to note that recently England and Wales (not ireland or scotland sadly) have created an Intellectual Property Enterprise Court and this has different tracks - one of which is small claims - the practical result is that even with professional advice you can get an injunction for about two grand. (Trade Mark, Passing off or Copyright - sorry about the other IP rights). If the defendant has assets in england or wales its game on !