My manufacturer posted my product to order on their site

[MitchM]

I've spent months creating this product. To simplify it - it is essentially a custom planner with introductory pages and an embossed logo on the front.

I am freaked out because I just ordered 1500pcs and after checking on my manufacturer's site I just saw that they posted it with an MOQ of 500. It has my logo on the front and everything... but how can I stop people from distributing it as if it's their own?

I asked them to take it down, but it is too late over there for a prompt reply.

Is there a way to protect myself here? I don't have copyright or anything... just proof that I created it and did all of the work. I'm very worried right now.

 

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[G-Man]

Do you have the inventory yet?
Have you paid them?

 

[MitchM]

Do you have the inventory yet?
Have you paid them?

I have made the deposit and my final payment is being processed - I think I may be able to cancel that but they've already produced all 1500 items so it'd be pointless.

Is there a place where I can learn how to protect this as intellectual property? I thought that all that mattered was that I was the first one with it.

 

[G-Man]

my final payment is being processed - I think I may be able to cancel that but they've already produced all 1500 items so it'd be pointless.

If they have the inventory and the money, you have no lever point.

If there's any chance at all of putting a hold on that payment, I'd start there.

EDIT: All the IP and other stuff is way out of my knowledge base. All I know is anything that involves lawyers takes time to resolve. The thing to do right now is to try to stop payment.

 

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[eliquid]

I've spent months creating this product. To simplify it - it is essentially a custom planner with introductory pages and an embossed logo on the front.

I am freaked out because I just ordered 1500pcs and after checking on my manufacturer's site I just saw that they posted it with an MOQ of 500. It has my logo on the front and everything... but how can I stop people from distributing it as if it's their own?

I asked them to take it down, but it is too late over there for a prompt reply.

Is there a way to protect myself here? I don't have copyright or anything... just proof that I created it and did all of the work. I'm very worried right now.

Would like to know answer to this as well.

What the needed setup to ensure this doesn't happen domestically and overseas ( like China ), if any

 

[eliquid]

I have made the deposit and my final payment is being processed - I think I may be able to cancel that but they've already produced all 1500 items so it'd be pointless.

Is there a place where I can learn how to protect this as intellectual property? I thought that all that mattered was that I was the first one with it.

I think the IP laws have changed in the last few years, starting with Obama.

I could be entirely wrong though. What you are thinking was how it use to be. Once Obama came into office, this law ( I thought ) changed to first to file instead of first to invent/conceive.

Again, I could be wrong but I remember being upset by the change in the law when it happened.

This assumes you are American and speaking about American IP laws though.

.

 

[MitchM]

If they have the inventory and the money, you have no lever point.

If there's any chance at all of putting a hold on that payment, I'd start there.

EDIT: All the IP and other stuff is way out of my knowledge base. All I know is anything that involves lawyers takes time to resolve. The thing to do right now is to try to stop payment.

My payment is being processed and it only gives me the option of "apply for refund" although the funds haven't gone through. I could just move the funds out of my account for now...

Edit: Never mind. Just checked and the funds have just been moved from my account . I need to find a way to cancel my payment from being processed.

I am hoping that I don't become a hard lesson for everybody here.

I think the IP laws have changed in the last few years, starting with Obama.

I could be entirely wrong though. What you are thinking was how it use to be. Once Obama came into office, this law ( I thought ) changed to first to file instead of first to invent/conceive.

Again, I could be wrong but I remember being upset by the change in the law when it happened.

This assumes you are American and speaking about American IP laws though.

.

Honestly I am completely lost on how to handle this.

 

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[Greg R]

@Walter Hay

 

[AgainstAllOdds]

You can enforce your copyright a lot easier in the US (if someone buys your product and imports it, you sue them). Enforcing it with an overseas manufacturer is a lot harder since you're not going to sue in a foreign jurisdiction over a few thousand dollars.

Your leverage with the supplier is your future buying power. If you make it clear that repeat business exists, then it's mutually beneficial not to screw each other over.

Also it seems like you're overreacting.

You're saying that they posted the product on their site with an MOQ of 500 units. Is the site Alibaba? If so, they're not necessarily offering your product for sale but displaying your product as an example of products that they've previously created. A portfolio of sorts. Everyone does this. Now, you just have to make it clear that you wouldn't want your product to be listed on their site.

You "stopping the funds" could significantly damage your reputation with the manufacturer. If you really think that they're out to scam you then do everything to do to stop it. But from what you described it doesn't seem that they're trying to rip you off, but more likely just add another image to their portfolio ("this is what we've done, we can't sell you this, but can do something similar").

To summarize: speak to your manufacturer before you overreact. You'll get a response tomorrow. Likely no harm was intended.

 

[MitchM]

You can enforce your copyright a lot easier in the US (if someone buys your product and imports it, you sue them). Enforcing it with an overseas manufacturer is a lot harder since you're not going to sue in a foreign jurisdiction over a few thousand dollars.

Your leverage with the supplier is your future buying power. If you make it clear that repeat business exists, then it's mutually beneficial not to screw each other over.

Also it seems like you're overreacting.

You're saying that they posted the product on their site with an MOQ of 500 units. Is the site Alibaba? If so, they're not necessarily offering your product for sale but displaying your product as an example of products that they've previously created. A portfolio of sorts. Everyone does this. Now, you just have to make it clear that you wouldn't want your product to be listed on their site.

You "stopping the funds" could significantly damage your reputation with the manufacturer. If you really think that they're out to scam you then do everything to do to stop it. But from what you described it doesn't seem that they're trying to rip you off, but more likely just add another image to their portfolio ("this is what we've done, we can't sell you this, but can do something similar").

To summarize: speak to your manufacturer before you overreact. You'll get a response tomorrow. Likely no harm was intended.

Thank you, I contacted the manufacturer without being disrespectful and he basically related the same information to me. I definitely overreacted due to my ignorance - what a relief.

I made this post because I wanted to know if I should take immediate action. All in all maybe this was a good thing because I went ahead and filed for copyright earlier

Thanks for the help. Can't wait to see what the next thing that scares the shit out of me is.

 

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[AgainstAllOdds]

Thank you, I contacted the manufacturer without being disrespectful and he basically related the same information to me. I definitely overreacted due to my ignorance - what a relief.

I made this post because I wanted to know if I should take immediate action. All in all maybe this was a good thing because I went ahead and filed for copyright earlier

Thanks for the help. Can't wait to see what the next thing that scares the shit out of me is.

+Rep for the positive attitude.

A good rule of thumb in business (and life) is to ask the other person what's going on before making conclusions. 99.9% of things can wait a day for you to get more info and then make a decision.

It's like if you had a girlfriend and saw on snapchat that she was out at the bar drinking next to a guy. If you overreact, you ruin the relationship. If you wait a day and ask her, you find out it's her brother's birthday and she shows you they're siblings. No harm done. Just had to wait a day.

 

[Walter Hay]

You can enforce your copyright a lot easier in the US (if someone buys your product and imports it, you sue them). Enforcing it with an overseas manufacturer is a lot harder since you're not going to sue in a foreign jurisdiction over a few thousand dollars.

Your leverage with the supplier is your future buying power. If you make it clear that repeat business exists, then it's mutually beneficial not to screw each other over.

Also it seems like you're overreacting.

You're saying that they posted the product on their site with an MOQ of 500 units. Is the site Alibaba? If so, they're not necessarily offering your product for sale but displaying your product as an example of products that they've previously created. A portfolio of sorts. Everyone does this. Now, you just have to make it clear that you wouldn't want your product to be listed on their site.

You "stopping the funds" could significantly damage your reputation with the manufacturer. If you really think that they're out to scam you then do everything to do to stop it. But from what you described it doesn't seem that they're trying to rip you off, but more likely just add another image to their portfolio ("this is what we've done, we can't sell you this, but can do something similar").

To summarize: speak to your manufacturer before you overreact. You'll get a response tomorrow. Likely no harm was intended.

Well said @AgainstAllOdds.

Portfolios of work done for customers will be found in business circles worldwide. If you want to avoid the risk of potential competitors catching on to your idea, you could ask suppliers before you order to not publish images. Their response might help you decide whether or not you want to deal with them.

When placing your first order, as AgainstAllOdds says, your only leverage is your future buying power, so use that, but don't overdo the promises of large future orders. Instead, emphasize your pleasure at finding a supplier that you can work with on a long term basis for mutual benefit. Now that they have given you their reassuring news, this is the time to say something to them along those lines. You must build a good relationship.

Once that relationship is there, you can appeal to them as trusted business associates. I once had a very large order from a customer for an entirely new product and it was carrying their logo, but they wanted secrecy. I explained that to my supplier but soon found that one of their associated companies had published it in an online catalog.

A quick call to the supplier's 2IC (his wife) resulted in the image being removed very quickly. She valued our business relationship so highly that she did not even consult her husband, (who was traveling overseas at the time,) before acting. It was fortunate that I had a friendly relationship with both the owner and his wife, having dined out with them on a number of occasions.

I recount this long story to emphasize the importance of relationships (Guanxi) in doing business in China. In this case it avoided the almost certain loss of a huge amount of repeat business if my customer had become aware of their brand on a secret new product being publicized.

Walter

 

[Kimmy XD]

That's why the lawyers are important. The same thing goes for patents. However, they are costly. China will definitely create and produce your product if it's good. You know them. Look at all the fake LVs and Guccis. ^^ If they cannot be stopped from creating the luxury brands, what more for yours?

 

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