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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I run a business that sells powdered and liquid products

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Hi. I run a business that sells powdered and liquid products on Amazon. We buy the raw product (in this case Glycerine 99.9% Pure) in 1000 litre containers, decant into small bottles, label them with our own label and sell as our own product. We just started selling 1 litre bottles of this glycerine on an already existing listing on the Amazon market place. The existing listing is titled “1 litre Glycerine 99.9% Pure” and so started selling under this listing as Amazon suggested when I went to add this product. This listing has one seller who sells the same product as us just packaged by them with their logo and branding. This seller also has a trademark. The existing seller is now threatening legal action because I am selling on their listing which is trademarked. Can you tell me if I am infringing on their copyright by selling on their listing? Do they have grounds to sue or serve legal action? Thanks Dan
Hello Dan my name is ***** ***** I will help you.
Can your product be confused with theirs please?
Customer: replied 2 years ago.
I am not sure what you mean. They are the same product, just packaged differently. The listing has a picture of their bottle and logo, you don't see my actual bottle. When someone buys my product it says "Dispatched and sold by Intralabs (me)". You can see the listing here -
Customer: replied 2 years ago.
The company thretening legal action is Classikool Ltd.
Customer: replied 2 years ago.
Is the product generic?
Customer: replied 2 years ago.
Yes, I believe so.
Ok. The bottle, your packaging etc, is that similar to theirs?
Customer: replied 2 years ago.
Not really. Theirs is a square, opaque bottle with a simple white label. Mine is a round clear bottle with a more detailed and larger label.
Ok. The test if it went to Court would be would one of their customers be confused between their product and yours.
If its a generic product (and I think it is based on what you have said), then it can only be distinguished with bottle, label and packaging. If it is not similar then a customer can't be confused and as such its not passing off.
So ask yourself, could a customer be confused between your product and theirs. Answer is no then no passing off.
Can I clarify anything for you about this today please?
Customer: replied 2 years ago.
If a customer bought my bottle but expected the Classikool bottle because that's what they saw in the picture is that infringing their trademark?
If its their picture then yes its infringing. You need to change the picture.
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