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It Finally Happened - Chinese Company Selling My Product

MoreVolume

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I run a supplement company
I did my weekly Google search of my staple product's name
As usual, there are sponsored supplement brands that pop up at the top

This time around, one of them was my product, offered at a significantly lower price
I checked the site out and its ran by some guy in China

What should be my next step? I know I cant threaten legal action
 

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Mark Trade

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There's two possibilities. The first is, is he actually selling your product or has he set himself up as a drop shipper.?? In other words, people buy through him and then he orders off you. (It's now common practice on E-bay and not illegal). Have you had an order from a person in China wishing to buy a container load.?? The other point is, don't forget the exchange rate of the yen and what ever country your from. His price could also be based on a bulk purchase instead of a single item purchase.

Your best option is to approach him as a potential customer and ask some questions.!!
 

MitchM

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I run a supplement company
I did my weekly Google search of my staple product's name
As usual, there are sponsored supplement brands that pop up at the top

This time around, one of them was my product, offered at a significantly lower price
I checked the site out and its ran by some guy in China

What should be my next step? I know I cant threaten legal action
Is your name trademarked? That's he only real thing I can think to protect you...

Also, how is his marketing? And is his branding the same?
 

Mark Trade

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A trademark is only relevant in the country in which it is first registered. Anyone in China will and can copy anything they see as potential income. They can sell it in their own country with no fear of recrimination, or any other country without legal action.

If they "try" and sell someones trademarked product in the country of registration, you can then take legal action.

There is also no such thing as a worldwide patent or worldwide trademark either, in case anyone was wondering. You need to protect your product in the country you intend to sell in.
 

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A trademark is only relevant in the country in which it is first registered. Anyone in China will and can copy anything they see as potential income. They can sell it in their own country with no fear of recrimination, or any other country without legal action.

If they "try" and sell someones trademarked product in the country of registration, you can then take legal action.

There is also no such thing as a worldwide patent or worldwide trademark either, in case anyone was wondering. You need to protect your product in the country you intend to sell in.
Username to post content checks out
 

OnTheWrox

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Oh dammit!! Hate it when things like this happen.

You can start your own marketing campaign letting people know that you are manufactured here in the US (if true) or talk about the quality of your product. Like maybe providing a copy of the lab report or some type of certification you get showing people the authenticity of your product. For those you are currently selling to maybe an email blast or an insert explaining to trust only your product which is produced with quality ingredients or here in the US. Something along those lines... just an idea.
 

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Can you get google to shut his ads down? If he’s advertising to USA customers and you have your trademark there then maybe that could be done
 

kelvinfernandezm

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A trademark is only relevant in the country in which it is first registered. Anyone in China will and can copy anything they see as potential income. They can sell it in their own country with no fear of recrimination, or any other country without legal action.

If they "try" and sell someones trademarked product in the country of registration, you can then take legal action.

There is also no such thing as a worldwide patent or worldwide trademark either, in case anyone was wondering. You need to protect your product in the country you intend to sell in.
Is Mark Trade your real name?
 

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I'm confused. So they have your exact formulation, packaging, branding and fulfillment as you? I don't see how someone rips off a supplement unless its something totally generic.

How did they get access to that? Or like someone said are they just drop shipping your product ?
 

Champion

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Like Mark Trade said, I would checkout if this guy isnt actually reselling and buying from you?

If he isnt, and you are in America, you can deffinetly stop him from selling in America.

I hope you Trademarked the products brand name?

Best
 

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AndreP

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I run a supplement company
I did my weekly Google search of my staple product's name
As usual, there are sponsored supplement brands that pop up at the top

This time around, one of them was my product, offered at a significantly lower price
I checked the site out and its ran by some guy in China

What should be my next step? I know I cant threaten legal action
I have some experience with China. (Actually I am typing this message from Chengdu, China ;)There is little you can do about trademark, because in China Chinese law counts. Maybe check TaoBao also, the Chinese eBay. Maybe there more products that they offer.

But Chinese people love good quality products also (western products often provide this). That is your strength. Maybe do some advertising on wechat etc.

Good luck
 
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OP
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MoreVolume

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There's two possibilities. The first is, is he actually selling your product or has he set himself up as a drop shipper.?? In other words, people buy through him and then he orders off you. (It's now common practice on E-bay and not illegal). Have you had an order from a person in China wishing to buy a container load.?? The other point is, don't forget the exchange rate of the yen and what ever country your from. His price could also be based on a bulk purchase instead of a single item purchase.

Your best option is to approach him as a potential customer and ask some questions.!!
- Theres no way hes selling my product. We have only had 4-5 orders from China, and none were in bulk. Its not possible for him to dropship if hes selling my $40 product for $19.99
Is your name trademarked? That's he only real thing I can think to protect you...

Also, how is his marketing? And is his branding the same?
The name is trademark
Hes not actually marketing though. The product just comes up during a Google Search (the paid ads at the top)
Can you get google to shut his ads down? If he’s advertising to USA customers and you have your trademark there then maybe that could be done
Im hoping so. I would need to know who to contact though.
I'm confused. So they have your exact formulation, packaging, branding and fulfillment as you? I don't see how someone rips off a supplement unless its something totally generic.

How did they get access to that? Or like someone said are they just drop shipping your product ?
He has is selling my product on his webpage, using a bottle image from my website.
Like Mark Trade said, I would checkout if this guy isnt actually reselling and buying from you?

If he isnt, and you are in America, you can deffinetly stop him from selling in America.

I hope you Trademarked the products brand name?

Best
I most definitively trademarked the name
I have some experience with China. (Actually I am typing this message from Chengdu, China ;)There is little you can do about trademark, because in China Chinese law counts. Maybe check TaoBao also, the Chinese eBay. Maybe there more products that they offer.

But Chinese people love good quality products also (western products often provide this). That is your strength. Maybe do some advertising on wechat etc.

Good luck
All I want him to do is take my product down off of his website
If someone googles my product name his ad will come up, at a price thats significantly lower than mine
 

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I’m sure you can get his ppc ads taken down. You can’t bid on trademarked names for PPC.

find out his hosting compnay and send them a letter informing them that one of their websites is violating copyright issues.
 

Vairavan

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He has is selling my product on his webpage, using a bottle image from my website.
Maybe, he is dropshipping the same type of product from someone else (Probably low quality so the low price) and using the images from your website. It's a common practice in the dropshipping world. If their supplier's product image is not good, they google similar products and use that image.

Also, I second @biophase .Use something like HostingChecker to find their host and send them an email explaining your issues.
 
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MitchM

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Maybe he is dropshipping the same type of product and using images from your website for reference.
It's a common practice in the dropshipping world. If their product image is not good, they google similar products and use the image.

Also, I second @biophase .Use HostingChecker to find their host and send them an email.
How does this make sense though?

He would need to sell at a higher price in order to profit. You couldn’t dropship from someone and then sell lower than them.
 

Vairavan

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How does this make sense though?

He would need to sell at a higher price in order to profit. You couldn’t dropship from someone and then sell lower than them.

Re-read my post.
 
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MoreVolume

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I’m sure you can get his ppc ads taken down. You can’t bid on trademarked names for PPC.

find out his hosting compnay and send them a letter informing them that one of their websites is violating copyright issues.
good deal
i had a feeling i could get the problem solved with contacting someone
i just dont know who to contact

Maybe he is dropshipping the same type of product and using images from your website for reference.
It's a common practice in the dropshipping world. If their product image is not good, they google similar products and use the image.

Also, I second @biophase .Use HostingChecker to find their host and send them an email.
Im literally the only company who makes my product, so if hes droshipping, that means theres a company out there bootlegging it
 
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MitchM

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I didn't say he is dropshipping from him.

He must be dropshipping from some low-quality suppliers and using images from the OPs site.

I had a dropshipping course where the author said if your supplier doesn't have good images, google the product and use those images.
My bad, I misunderstood.

Well, it doesn't really matter if the guy is dropshipping. All that matters is the IP that is being violated.

OP, if this is happening on Amazon as well and you are brand registered, you can get help from Amazon's support on this. You can also probably contact Google for ads, but I am not sure how that would work.

Maybe the first thing you can do is message the seller and threaten him with legal action. He should have an email or something listed on the site for support.
 

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good deal
i had a feeling i could get the problem solved with contacting someone
i just dont know who to contact


Im literally the only company who makes my product, so if hes droshipping, that means theres a company out there bootlegging it
you should place an order from him and see what shows up.
 

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GIlman

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In the mean time. While you sort it all out, which may take some time. Create a counter ad words campaign.

Somethink like.
beware fake xxxxx for $19.99
If you find xxxx for less than $40 you are being ripped off, it is fake. Click here to buy authentic xxxxxx

Or something similar that fits AdWords limited.

I don’t know if google will approve it. But if they do you’ll probably rank 1 or 2 even with a super low bid. so your add will show right next to the fraudster.
 

Andy Black

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In the mean time. While you sort it all out, which may take some time. Create a counter ad words campaign.

Somethink like.
beware fake xxxxx for $19.99
If you find xxxx for less than $40 you are being ripped off, it is fake. Click here to buy authentic xxxxxx

Or something similar that fits AdWords limited.

I don’t know if google will approve it. But if they do you’ll probably rank 1 or 2 even with a super low bid. so your add will show right next to the fraudster.
Sounds good. Just avoid “Click here” in ads - I think it’s against their policies. Things like “View”, “Check Out”, etc are good.

Put the Registered Trademark symbol in the ad, or just the TM if it’s not registered.

Maybe put “Official Site” too.
 

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