IPB

X   Site Message
(Message will auto close in 2 seconds)


Welcome Guest ( Log In | Register )

2 Pages V   1 2 >  
Reply to this topicStart new topic
> Lawsuit against a Chinese company? Amazon related.
Boner
post Jan 16 2018, 10:43 AM
Post #1






Group: Lambo Owner
Posts: 798
Joined: 8-May 05
Member No.: 3,000





This got me thinking. A friend of mine has a product he designed and has a patent pending. He makes about $70k of sales on Amazon per month. Someone in China just crashed his sales this week. I'm talking obliterated it. They took the design and replicated it 100%, including the brand name.

Is there any legal recourse in these situations? I can't imagine. What about amazon?

I'm getting ready to launch a couple products and I am also concerned.
Go to the top of the page
+Quote Post
iBoost
post Jan 16 2018, 10:54 AM
Post #2






Group: Official LP Member
Posts: 300
Joined: 22-December 13
Member No.: 207,056





Iím curious how?

Even if they replicate the exact product it isnít just that simple. Assuming your friend has an actual brand, good reviews and has been ranking for his keywords.

Also is he brand registered? Do a test order from the knock off and open a case with amazon.

Any reason to believe it isnít his supplier doing the knockoff?
Go to the top of the page
+Quote Post
Boner
post Jan 16 2018, 11:02 AM
Post #3






Group: Lambo Owner
Posts: 798
Joined: 8-May 05
Member No.: 3,000





He has copies and they are 100% exact. It's easy anymore. In fact, I've learned cad in less than a month and can replicate anything. It's very easy.
Go to the top of the page
+Quote Post
sprite
post Jan 16 2018, 11:04 AM
Post #4




V1P


Group: Multi-Lambo Owner
Posts: 7,824
Joined: 28-June 06
From: Europe
Member No.: 8,895





I deal with the same thing in software. Chinese will steal and clone everything.


--------------------

Luck isn't some mystical energy that dances around the universe randomly bestowing people with satisfaction and joy, we create our own luck.

'18 Lamborghini Huracan LP 610-4 Spyder [Verde Mantis]
'16 Porsche GT3RS
'17 Dodge Viper ACR Extreme [Black w/Silver Stripes]
'18 Jeep Grand Cherokee Trackhawk [Black]


Sold: '96 Dodge Viper RT/10, '05 Dodge Ram SRT-10 TT, '05 Lamborghini Gallardo, '06 Lamborghini Murcielago, '06 Corvette Zee-06, '06 Ford GT, '07 Ferrari F430 Spider, '08 Lamborghini Gallardo SLTT, '08 Lamborghini Gallardo Spyder, '13 Nissan GTR, '13 McLaren MP4-12C Spider, '12 Lamborghini Gallardo LP 570-4 SL, '15 Huracan LP610-4 Coupe, '10 Lamborghini Murcielago LP 670-4 SV
Go to the top of the page
+Quote Post
Boner
post Jan 16 2018, 11:06 AM
Post #5






Group: Lambo Owner
Posts: 798
Joined: 8-May 05
Member No.: 3,000





But can legal action be taken?
Go to the top of the page
+Quote Post
iBoost
post Jan 16 2018, 11:31 AM
Post #6






Group: Official LP Member
Posts: 300
Joined: 22-December 13
Member No.: 207,056





QUOTE (Boner @ Jan 16 2018, 02:06 PM) *
But can legal action be taken?


Is he brand registered with amazon?
Go to the top of the page
+Quote Post
Boner
post Jan 16 2018, 11:40 AM
Post #7






Group: Lambo Owner
Posts: 798
Joined: 8-May 05
Member No.: 3,000





QUOTE (iBoost @ Jan 16 2018, 11:31 AM) *
Is he brand registered with amazon?


He is brand registered with amazon.
Go to the top of the page
+Quote Post
iBoost
post Jan 16 2018, 12:28 PM
Post #8






Group: Official LP Member
Posts: 300
Joined: 22-December 13
Member No.: 207,056





QUOTE (Boner @ Jan 16 2018, 02:40 PM) *
He is brand registered with amazon.


He should first try and resolve it though amazon.

Youíre telling me this is a 100% perfect clone of his product? Did they hi jack his listing or create a new listing themselves. Based on your info it sounds like his listing was hi jacked. Best course of action would be to take it up with amazon first and prove they are selling a counterfeit product. (Assuming this is a unique product your friend has and not just a generic private label.
Go to the top of the page
+Quote Post
Assman
post Jan 16 2018, 12:35 PM
Post #9




Lambro


Group: Lambo Owner
Posts: 15,828
Joined: 26-September 07
From: So Cal.
Member No.: 12,288





Whatís the product?


--------------------

07 LP640 true manual transmission
Go to the top of the page
+Quote Post
jhbchess
post Jan 16 2018, 01:55 PM
Post #10







Group: Lambo Owner
Posts: 1,315
Joined: 30-November 11
From: Katy, TX
Member No.: 92,628





I have sued some Chinese companies in US courts. The money part of the judgment is not usually collectible. But getting an injunction that bars their product from being sold, seizing domain names, etc has some value.

If they are entirely located overseas and engaged in shady stuff they often do not appear. Expect the suit to still take 9-12 months.


--------------------

2017 Porsche Turbo S
2015 BMW i8 (sold)
2011 UGR TT Performante (sold)
2007 Gallardo Spyder (sold)
Eiffel Tower (sold)
Several bridges (sold)
Go to the top of the page
+Quote Post
Boner
post Jan 16 2018, 02:14 PM
Post #11






Group: Lambo Owner
Posts: 798
Joined: 8-May 05
Member No.: 3,000





QUOTE (iBoost @ Jan 16 2018, 01:28 PM) *
He should first try and resolve it though amazon.

You’re telling me this is a 100% perfect clone of his product? Did they hi jack his listing or create a new listing themselves. Based on your info it sounds like his listing was hi jacked. Best course of action would be to take it up with amazon first and prove they are selling a counterfeit product. (Assuming this is a unique product your friend has and not just a generic private label.


They have 100% cloned his product. He has even bought one as proof. Also, they automatically adjust their price if he changes his. It is crazy! He has at least 600 positive ratings on his product and the clone has 70 already.

I probably shouldnt post what the product is, because I dont want to step on his toes. My main issue is that I have a few products I want to release soon and I am worried about the same issue. I did apply for a trademark, and I am working on the design patent. If you have these, I think Amazon will at least back you up. They really need to ban the IP address of sellers who do this crap.

I dont know what to expect out of all of this. My stuff is already in motion and my plastic injection tooling is complete. I hope I am not wasting money. I guess I will have to ride the train until the wheels fall off.
Go to the top of the page
+Quote Post
minty99z
post Jan 16 2018, 07:02 PM
Post #12






Group: Official LP Member
Posts: 475
Joined: 7-August 05
Member No.: 4,397





QUOTE (Boner @ Jan 16 2018, 02:14 PM) *
They have 100% cloned his product. He has even bought one as proof. Also, they automatically adjust their price if he changes his. It is crazy! He has at least 600 positive ratings on his product and the clone has 70 already.

I probably shouldnt post what the product is, because I dont want to step on his toes. My main issue is that I have a few products I want to release soon and I am worried about the same issue. I did apply for a trademark, and I am working on the design patent. If you have these, I think Amazon will at least back you up. They really need to ban the IP address of sellers who do this crap.

I dont know what to expect out of all of this. My stuff is already in motion and my plastic injection tooling is complete. I hope I am not wasting money. I guess I will have to ride the train until the wheels fall off.

They likely are fake reviews as well. I'd add that for Amazon to look into...
Go to the top of the page
+Quote Post
IanMan
post Jan 16 2018, 07:24 PM
Post #13




Formerly Doc K


Group: Official LP Member
Posts: 2,202
Joined: 23-October 14
From: Midwest
Member No.: 210,225





Same thing happened to a major shredder company recently. All of their equipment was stolen by the factory and the exact same product starting getting reproduced under a different name.

From what I understand, and all of the research I've done while inventing myself, it's very hard to fight legal battles with companies in China if not impossible. They clone everything, sadly.


--------------------

QUOTE (capt_chaos @ May 19 2017, 12:59 PM) *
That said I seen some pictures of people on this website and they do not look like they have evolved properly.
Go to the top of the page
+Quote Post
djantlive
post Jan 16 2018, 07:25 PM
Post #14







Group: Multi-Lambo Owner
Posts: 1,873
Joined: 24-September 09
Member No.: 22,371





Amazon should not allow counterfeit products to be sold.
Go to the top of the page
+Quote Post
sl55
post Jan 16 2018, 08:12 PM
Post #15







Group: Lambo Owner
Posts: 913
Joined: 10-May 07
From: Vancouver
Member No.: 11,006





QUOTE (djantlive @ Jan 16 2018, 07:25 PM) *
Amazon should not allow counterfeit products to be sold.


They're one of the largest online retailers in the world but yet the site is flooded with counterfeit products. No idea why they can't weed out these sellers.
Go to the top of the page
+Quote Post
jhbchess
post Jan 16 2018, 08:23 PM
Post #16







Group: Lambo Owner
Posts: 1,315
Joined: 30-November 11
From: Katy, TX
Member No.: 92,628





He can go find all the amazon URLs for infringing products and report them on this page: https://www.amazon.com/report/infringement

And if they copied his user manuals etc he can try flagging them for copyright infringement as well. Itís a whackamole game.


--------------------

2017 Porsche Turbo S
2015 BMW i8 (sold)
2011 UGR TT Performante (sold)
2007 Gallardo Spyder (sold)
Eiffel Tower (sold)
Several bridges (sold)
Go to the top of the page
+Quote Post
Kenny94945
post Jan 17 2018, 05:11 AM
Post #17






Group: Official LP Member
Posts: 81
Joined: 21-December 05
From: Marin County Calif
Member No.: 6,167





Post # 10 seems most relevant.
Judgement collections, court fees, even clone product seizure at border.

Perhaps Amazon is perhaps a better course of action?
Link closing, post deletes, disclaimers.
You are not the first to encounter this and Amazon may have action steps.

Good luck
Go to the top of the page
+Quote Post
jhbchess
post Jan 17 2018, 09:05 AM
Post #18







Group: Lambo Owner
Posts: 1,315
Joined: 30-November 11
From: Katy, TX
Member No.: 92,628





A little more on Amazon takedowns:

If you flag an item for trademark infringement, Amazon will not typically remove it unless your trademark is in registered status. We tried a takedown in December for a new product where the TM was still pending and Amazon didn't pull it down. We re-flagged it for a copyright violation and they pulled it down without asking for a copyright registration. If they steal your marketing material, user manual, pictures/photos, etc. that's a hook for alleging a copyright takedown.

If you don't want to use the Amazon on-line form, maybe you want to send a longer letter explaining that it's a counterfeit/knockoff/whatever, the contact email addresses for their response teams are:

notice@amazon.com
notice-request@amazon.com







--------------------

2017 Porsche Turbo S
2015 BMW i8 (sold)
2011 UGR TT Performante (sold)
2007 Gallardo Spyder (sold)
Eiffel Tower (sold)
Several bridges (sold)
Go to the top of the page
+Quote Post
Boner
post Jan 17 2018, 12:05 PM
Post #19






Group: Lambo Owner
Posts: 798
Joined: 8-May 05
Member No.: 3,000





Thanks for the help! I'll pass that on. It sounds like I may need to wait 3 months for my trademark to process. As far as copyright goes, I don't think I can do one on my stuff. Design patent is possible.

I wonder if the listing can be composed of an image that is copyrighted?
Go to the top of the page
+Quote Post
SingleSeat
post Jan 17 2018, 12:51 PM
Post #20







Group: Lambo Owner
Posts: 1,250
Joined: 22-September 10
Member No.: 25,074





The Chinese are a literal cancer on humanity. Sorry. Totally sucks.


--------------------

Green lights don't last forever.
Go to the top of the page
+Quote Post

2 Pages V   1 2 >
Reply to this topicStart new topic
1 User(s) are reading this topic (1 Guests and 0 Anonymous Users)
0 Members:

 

Lo-Fi Version Time is now: 15th August 2018 - 06:35 AM

> Our Sponsors

your alt tag your alt tag' your alt tag' your alt tag