Seller fraudulently representing their products as mine.
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I have a registered business as Bunny Tails as well as an account/shop on here (I've never sold anything, mainly just used it to purchase things as I have my own business website elsewhere). I was contacted today by someone informing me that a shop on here was selling products using my legal business name (same type of products as what my business is for). This person had purchased one of their products under the assumption it was my business and was notifying me of complaints they had with the product. I didn't know what they were talking about and they directed me the shop for this other person where I discovered what the real problem was.
Now for the particularly aggravating part, this person is registered on here as Bunny Tales yet selling products she is naming Bunny Tails and also advertising herself on www.etsyclothdiapers.com as Bunny Tails, which is legally my company. I have contacted the seller about this misrepresentation and she says she will no longer list products under that name, but one of the main issues is the fact that she is fraudulently representing herself in name in multiple places and linking back to her shop here with it. Now, I've contacted etsy as well as the other website with my concerns, but have yet to hear anything back at this time.
At this point, I am fortunate that very few products have been sold with the false representation. However, it is having a negative impact on my own company when someone buys a product believing it to be from my company and then receiving a product they are unhappy about and forming a negative opinion of my company and products.
Does anyone have any ideas what else I can do at this point to fix this?
Publicación: 00:37 06 ago 2010 EDT
Respuestas
Your business name is valid for your locality. It can be used in other localities unless you have it trademarked. At least that is my understanding. Is she advertising your products as hers? Or is she just selling her products with your name on them?
Publicación: 00:41 06 ago 2010 EDT
I think you will need to hire an attorney for this.
Publicación: 00:43 06 ago 2010 EDT
I think contacting a lawyer would be my first choice for legal-type advice. Not on an Etsy forum... but that is just me.
Publicación: 00:43 06 ago 2010 EDT
you don't make it clear what "registered business" means - it can mean a lot of different things. The other shop is not necessarily doing anything illegal, depending on what "registered business" means. If you are trying to bring a trademark case, you will likely need a lawyer.
Publicación: 00:49 06 ago 2010 EDT
I think she does not only mean the copyright. I think that sellers sold her item as hers, collected the money on her behalf, but did not send the item. When a buyer complained, she directed buyer to her.
Publicación: 00:52 06 ago 2010 EDT
I am horrified that this has become more common. Isn't this a fraud and theft by default?
Publicación: 00:53 06 ago 2010 EDT
shinyfantasy says:
I think she does not only mean the copyright. I think that sellers sold her item as hers, collected the money on her behalf, but did not send the item. When a buyer complained, she directed buyer to her.
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That is not how I read the OP.
Publicación: 00:56 06 ago 2010 EDT