Bit of advice

[spondishy]

Afternoon,

I setup a little hobby site for the wife selling craft kits. I took inspiration for some of the kits off a potential competitor so sell similar product. We basically buy bits and pieces from a supplier put them in a brown box and ship out to customers to make up the items.

I'm now being threatened by them stating I'm ripping off their products. Do they have a leg to stand on especially as we aren't manufacturing anything?

Thanks.

 

[Blossom]

I doubt they have a leg to stand on...having said that, how close are your products? Are you bundling very similar products in very similar sets? I could see how that would be kind of annoying.

 

[wb]

Have you been calling the kits a name which is either the exact same or very similar to theirs? If so, they may have protection in the name either in registered or unregistered (passing off) form.

If not, I can't personally see anything wrong with it and it sounds like the other business is just annoyed that they now have some competition against their non-unique offering.

I'm not a legal expert though, so that's not advice.

 

[BREWSTERS]

I know of a similar case where one fast food outlet started selling fish, chips and peas in a tray - just like another outlet in the same town!

As already mentioned, it's unlikely that you are infringing unless you've copied their trading name which may be protected.

 

[spondishy]

Product names are similar. Contents are close. But you can't make the items without the contents.

 

[Blossom]

Depends on the crafts.

If I put together a card making kit for weddings, I could put any of hundreds of different bits (embellishments, toppers, sticky foam pads, peel offs etc.) together in various combinations from at least ten or twenty suppliers (conservative estimate for both figures).

If I use the same supplier as someone else, and use the same types of bits, then although it's not illegal it's kind of annoying.

If I'm putting together kits from the same supplier that allows my customers to make (practically) identical cards, then it's even more annoying...and not likely to be a coincidence.

 

[spondishy]

I see what you are saying and it may be annoying, but you can't make cards without card and glue. Plus the UK supplier has a monopoly on the contents.

 

[Edwin]

I see what you are saying and it may be annoying, but you can't make cards without card and glue. Plus the UK supplier has a monopoly on the contents.

Was the "inspiration" for the particular contents taken from the competitor's kits i.e. by looking at what they put in their kits and choosing a similar (or identical) mix of contents?

Or is the inspiration at a higher level, e.g. "Hmm, they have a kit to make a knitted hedgehog... hedgehogs are cute... people like hedgehogs... good idea for a kit" but where the contents have ended up similar because of the constraints of the subject matter (ultimately there are only so many ways to knit a hedgehog so that it comes out looking hedgehoggy enough) rather than because of what the competing kit contained.

 

[BREWSTERS]

LOL. 'hedgehoggy'

 

[spondishy]

Hmmm... Getting heavy now and threatening action.

"this kit configuration is our intellectual property"

 

[jwm]

Hmmm... Getting heavy now and threatening action.

"this kit configuration is our intellectual property"

Ask them to point you to the relevant patent/design/whatever on http://www.ipo.gov.uk/. I suspect they can't because they won't have one. Sounds like they are annoyed you have popped up and are trying to use empty threats to make you go away

 

[BREWSTERS]

Ask them to point you to the relevant patent/design/whatever on http://www.ipo.gov.uk/. I suspect they can't because they won't have one. Sounds like they are annoyed you have popped up and are trying to use empty threats to make you go away

Seconded.

I can't think of a form of IP protection for that sort of product other than a patent, which is highly unlikely for various reasons.

 

[newguy]

Without us seeing the specific products and kits, I think it's hard to judge. My hunch is that it would be difficult for them to persue this.

 

[spondishy]

I can send the links to anyone that could help.

 

[BREWSTERS]

Yep, I'll take a look.

 

[willbon]

Depending on how 'close' you are to their patented designs and unique qualities depends on how much a legal battle could cost....

If it does go to litigation remember that justice is for the wealthy and sometimes it's better to walk away...

Perhaps this is an opportunity to find something innovative and different from the original product... Maybe present it differently.. find a different supplier...

Good Luck

 

[spondishy]

I don't see how putting a few items in a box can be patented.

 

[BREWSTERS]

Willbon, the product is not patentable.

 

[Blossom]

I see what you are saying and it may be annoying, but you can't make cards without card and glue. Plus the UK supplier has a monopoly on the contents.

Not as simple as that though. 2 random examples: This set - http://uk.ebid.net/for-sale/wedding-card-kit-set-1-suit-beginner-13964056.htm is nothing like this set - http://www.chatterboxgifts.co.uk/timeless-elegance-luxury-wedding-card-kit-26728-0.html

The only way you're going to come up with identical sets is if you look at a competitor's or your supplier one sells 1 type/colour of card and 1 type of card embellishment.

There are endless variations even for the card itself. What gsm is it? What size is it? What, if any, perforations or cut outs does it have? Is it glittery? Is it prefolded? Is it pearlescent? What colour is it? When you extend those questions/possibilities to everything in the kit, it gets even broader. I could probably list at least 15 completely different products crafters use to stick something onto a greetings card just off the top of my head.

 

[anthony]

If their configuration is unique, or it has a unique feature that is not otherwise obvious, they could possibly claim UDR (unregistered design rights), but they'd have to go to Court to prove it. Only then would they be able to chase you for costs & losses.