Dana Posted October 12, 2012 Share Posted October 12, 2012 I have a trademark on my name, but what can you do about someone stealing your image? (jar, label shape, color, lid, etc.) I do very, very well in a town about an hour away from here. I wholesale to a store that has done very well for 5 years. I have kept from selling to any other store in that area because the original store owner wanted to keep the customers base coming to her store...well a small candle maker decided to make life easy for herself and just copy my line and take the customers! I am so stinking mad a don't know what to do. I have sent her a (nice) message, but my blood is boiling. She has been into the store that carries my line many many times examining my candle line and asking the store owner questions. I will tell you she had to search and hunt to come up with my look, There is no way she came up with it by accident. Quote Link to comment Share on other sites More sharing options...
jeanie353 Posted October 12, 2012 Share Posted October 12, 2012 (edited) If she copied your label exact with your logo on it, I'd think you could print off a cease and dissist form and send it off to her. If she is copying just your style, line, jars and stuff I don't know if that can be stopped. Sad when someone can't come up with their own product line idea. Edited October 12, 2012 by jeanie353 Quote Link to comment Share on other sites More sharing options...
Dana Posted October 12, 2012 Author Share Posted October 12, 2012 Yes, it is sad. Like I said in her message I sent her...."We are all crafters...isn't that all part of the fun, creating your own look and style?" She doesn't have my name on it yet, but she uses the same label, font and very similar artwork. She lives 20 min. away from the store that carries my line and has been in numerous times. I have not told the store owner yet. I am bringing an order next week, and will talk to her then about it. She is gonna be PO'd! Quote Link to comment Share on other sites More sharing options...
Beth Posted October 12, 2012 Share Posted October 12, 2012 I wouldn't wait till next week! I'd want to warn the store owner in case the other person tries to hit them up for an account. Quote Link to comment Share on other sites More sharing options...
scifichik Posted October 12, 2012 Share Posted October 12, 2012 That stinks! Do you have pics of your line and the thief's? Quote Link to comment Share on other sites More sharing options...
Dana Posted October 12, 2012 Author Share Posted October 12, 2012 I wouldn't wait till next week! I'd want to warn the store owner in case the other person tries to hit them up for an account.She has already has been in the store many times to try to get my account but the store owner and I are friends and (hopefully) she would never do that to me. I know business is business and if she offers my same candle for less.....well, what can I do? the thing is she even copied the SCENTS that I have. She even had to go on a sniffing search to try to match mine because I change the names of some of my scents and she uses the name from the supplier. JEESH! What took me a decade to develope, took her less than 2 years! I was on her website 2 years ago and she had nothing similar to mine....must have not been doing so well and decided she could do better with MY look! Quote Link to comment Share on other sites More sharing options...
blacktieaffair Posted October 12, 2012 Share Posted October 12, 2012 Please know that I truly believe everything you've said ... but DANG that's a helluvalotta work to do. You must make one HECK of a candle if she's that desperate to spend such an enormous amount of time to duplicate EVERYTHING. I'm not being sarcastic, if it sounds like it. I'm just flabbergasted at her cajones ! Quote Link to comment Share on other sites More sharing options...
funkymonkey66 Posted October 13, 2012 Share Posted October 13, 2012 I believe it. Some people show no respect for themselves or others. Why test or do your own work when you can just copy someone else who's made it made it in this business. Send her a C&D letter, call a lawyer if this person continues to cut into your profits. One thing I've learned is sending a "nice" personal letter does nothing more than show weakness and give the impression you're not a serious business. An authentic C&D from a lawyer is the way to go.If all else fails wait for her outside the shop and mow her down with your car, solves the problem it's cheaper than court costs : ) (kidding lol) Quote Link to comment Share on other sites More sharing options...
annie123 Posted October 14, 2012 Share Posted October 14, 2012 From personal experience before you pay a lawyer to get a C&D ask yourself if you are willing to take this person to court and if you really have a case? Unless she sticks your name on her labels this person can claim that she was just doing market research, and going around to see if she can get store owners to replace your products with hers is just competition. I know it is upsetting but obviously this person is not interested in doing the hard work herself so I am going to assume that she is in it to "get rich quick". I would be curious to see what the quality of her product is, have you tried one of her candles? I would just contact all my accounts and tell them what is going on and that this person is not affiliated with you in anyway. Quote Link to comment Share on other sites More sharing options...
Dana Posted October 14, 2012 Author Share Posted October 14, 2012 Please know that I truly believe everything you've said ... but DANG that's a helluvalotta work to do. You must make one HECK of a candle if she's that desperate to spend such an enormous amount of time to duplicate EVERYTHING. I'm not being sarcastic, if it sounds like it. I'm just flabbergasted at her cajones !I know!! That is what I can't believe! It seems to me it would be EASIER to come up with a totally different look and market that then to do all the work of copying....but that must be desperation or total lack of creativity on her part. My line is not like get a patent and go global, ya know. But, what I do have sells, and she must be envious enough to spend time copying it. There is NO WAY she ACCIDENTALLY came up with this look. Heck, I just went back to her website and she even copied my EXACT pricing...which is a strange number! Yep, I am getting pretty ticked. Quote Link to comment Share on other sites More sharing options...
Dana Posted October 14, 2012 Author Share Posted October 14, 2012 From personal experience before you pay a lawyer to get a C&D ask yourself if you are willing to take this person to court and if you really have a case? Unless she sticks your name on her labels this person can claim that she was just doing market research, and going around to see if she can get store owners to replace your products with hers is just competition. I know it is upsetting but obviously this person is not interested in doing the hard work herself so I am going to assume that she is in it to "get rich quick". I would be curious to see what the quality of her product is, have you tried one of her candles? I would just contact all my accounts and tell them what is going on and that this person is not affiliated with you in anyway.I think that is a great idea about contacting the others....and I do have to decide whether it is worth the money to fight it or just move forward with new products once again. It sure does keep us on our toes! Quote Link to comment Share on other sites More sharing options...
scifichik Posted October 14, 2012 Share Posted October 14, 2012 Send us links to your site and hers so we can weigh in our opinions. Quote Link to comment Share on other sites More sharing options...
Dana Posted October 15, 2012 Author Share Posted October 15, 2012 I will after I go to the retail store that carries my candles. I don't know why, but I feel funny posting it because what if she is a member here on craftserver? I know, why should I care? I have to go to the store to deliver an order and I just want to make sure I am not side swiped by the store owner (I know she is a long time friend....but) replacing mine with hers. I will go there this week and I am just sick worrying about this. I keep trying to think of the positive about all this. I really don't like this jar and have been wanting to switch for a while now but the store owner insisted she wanted this jar. Well maybe after all this she will want to switch and that will make me happy Although, I have half a pallet left Quote Link to comment Share on other sites More sharing options...
FaithfulScenter Posted October 15, 2012 Share Posted October 15, 2012 Sell 'em to the copycat, I'm sure she's looking for a great deal! Quote Link to comment Share on other sites More sharing options...
annie123 Posted October 15, 2012 Share Posted October 15, 2012 You could always keep the jar an make it an "exclusive" just for that store. Point out that you have been planning to change your jar style for a while (nothing to do with the copy cat) but since the owner likes this style so much you will keep it in production just for her store. You could even offer to have something on the label that read: make exclusively for that store. While this would separate your candles from the copy cats candles, it would offer the owner free advertissing and return customers. Quote Link to comment Share on other sites More sharing options...
ChandlerWicks Posted October 15, 2012 Share Posted October 15, 2012 Excellent idea! LOL! I 2nd Annies suggestion too!Try not to worry, you will be sick over it. If you have the energy & money, take your products into the stores she's selling at & drop off samples. Without speaking badly of her, her product or what's going on between the two of you. Nothing bad at all, kill'em with kindness!Sell 'em to the copycat, I'm sure she's looking for a great deal! Quote Link to comment Share on other sites More sharing options...
Dana Posted October 17, 2012 Author Share Posted October 17, 2012 Well I went into the store today and thought I'd drop the bomb shell about our image getting stolen and the owner said she heard from the thiefs neighbor that she was quitting the business! That the festival was her last show....and she was selling her house and moving! She also heard from customers that ### candles burn crappy if at all (she does not test them) and some customers even asked her "These are the good candles, right?" So it sounds like word is getting around. I guess I don't have anything to worry about. I just assumed that if someone is in the candle business they would test burn their candles and know what they are selling. I just assumed her candles would burn and smell good like mine....that is one thing that can't be stolen is my wax blend and wicking. She would HAVE TO TEST BURN and adjust the wicking and ratio just like I had to do. And that takes time. Lots of time and money and patience. Obviously she was out to make money.... and quick. Well, it just doesn't work that way in this business! Quote Link to comment Share on other sites More sharing options...
Ange647 Posted October 17, 2012 Share Posted October 17, 2012 Good to hear! Keep in my that they can copy the look and scent but not the quality! Quality comes with years of work and testing that we do to make this business successful! Quote Link to comment Share on other sites More sharing options...
Dana Posted October 18, 2012 Author Share Posted October 18, 2012 You could always keep the jar an make it an "exclusive" just for that store. This one jar in particular is pretty much an exclusive for her store. I don't sell them in my store and haven't on my website. The store owner was on a search for a jar and I found this style for her. I do have a pic and pricing on my site but I have never sold any. I guess a different location has different tastes and styles. This area seems to be kinda primitive. I brought a new style of jar candle (similar, but different) with me and she was not interested in switching. She is confident this will blow over and said she can't afford to lose the customer base for this jar. Ok then. Moving forward she placed her Christmas order and I am happy about that! Quote Link to comment Share on other sites More sharing options...
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