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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Dear Alex, I last emailed you 28 Oct 2013. We manufacturer

Resolved Question:

Dear Alex,
I last emailed you 28 Oct 2013.
We manufacturer products and supply stockists in the UK and worldwide.
In 2013 my questions were regarding the legality of stockists de-canting our products.
Now I want to clarify our position regarding stockists who sell our products in original packaging but cover up all references to us being the manufacturer through e.g. sticky labels on the exterior of the product and substituting their details on our product literature
regards
Michelle
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello and thanks for requesting me Michelle.

Alex Watts :

What is it you want to know please?

Customer:

Hi Alex,

Customer:

Can a stockist of our products legally supply these products to his customers with all references to who manufactured the product covered up or removed ? For example by putting a sticker with their company details over our details which are printed on the outside of the product, and covering up our Royal Warrant, and either not passing on our original product literature or reproducing the text of the literature with their own Company details on it .?

Alex Watts :

No. It must show where it was manufactured etc.

Alex Watts :

They can't remove or cover it up.

Alex Watts :

Indeed I am sure they would also be in breach of your trading terms if they did that

Alex Watts :

They can not pass your product off as anything else whatsoever

Alex Watts :

Does that clarify matters?

Customer:

Yes thank you that clarifies it. Are we within our rights to cease supplying them immediately without giving a period of notice ? Also we would like to get a simple disclaimer statement or terms and conditions written that we can give to all stockists making it clear that our products cannot be de-canted/ repackaged etc.. Is this something you can help us with either through this channel or as a private arrangement ?

Alex Watts :

Yes you are within your rights. In effect its passing off.

Alex Watts :

Your product is being sold as something else.

Alex Watts :

Sadly I can't be instructed, only can do work through this site.

Alex Watts :

Remember you can ask for me as you have done today

Alex Watts :

Can I clarify anything else for you?

Customer:

No there is nothing else , thanks for your help.

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