22 replies
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#product #selling
  • Profile picture of the author travlinguy
    I don't think you have much of a case. She paid you what you're asking. You can tell her to take down your photos. If she's claiming she made the jewelry you can get her to stop. But I don't see how you can get her to stop selling it. Photos and creation, yes. Just selling it, I don't think so.
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  • Profile picture of the author NWJewelry
    She's not claiming that she made the jewelry. However is it unreasonable to think that I deserve some form of credit for my product?
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    • Profile picture of the author E. Brian Rose
      Originally Posted by NWJewelry View Post

      She's not claiming that she made the jewelry. However is it unreasonable to think that I deserve some form of credit for my product?
      If you do not want your customers reselling your tangible goods, then you need to make it clear in your terms of service and make the buyer agree to your terms prior to check out. If you want specific rules on how they resell your products, i.e. you want brand credit, then you must make that clear at the time of purchase. Otherwise, you probably don't have a leg to stand on. Of course, I'm not a lawyer, so don't take this as legal advice.

      You may try calling and asking them to give you credit as the designer. They may comply.

      The pictures are a different story. You can demand she stop using your pictures.
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    • Profile picture of the author wolfmmiii
      Originally Posted by NWJewelry View Post

      However is it unreasonable to think that I deserve some form of credit for my product?
      Yes it is...

      Wait, not it's not. You did get credit...in the form of payment....
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  • Profile picture of the author StunningWarrior
    Originally Posted by NWJewelry View Post

    I hand make and design my own jewelry. A customer recently purchased some bracelets from me and put her company's name/address to send it to. I googled the company since it sounded like a bracelet company, and it was! She is selling 2 sets of my bracelets on her site for about $20 more than I charge my customers. She is doing this without my permission and using my photos without my permission. She also gives no credit to me or my brand. However she is buying them from me at full retail. I'm thinking of asking her to take down my bracelets unless she gives my brand recognition? Thoughts on how to approach this?
    Why is this a problem? She's an affiliate working for you on 0% commission (of your current retail price) as far as I can tell. If she finds new buyers, she buys from you and your sales increase. If she finds the buyers that would have come to your website, you still get full retail price for the sale. If she has the talent to sell at a higher price, good luck to her. Learn from her so that you can increase your normal retail price.
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  • Profile picture of the author Scott Burton
    Originally Posted by NWJewelry View Post

    I hand make and design my own jewelry. A customer recently purchased some bracelets from me and put her company's name/address to send it to. I googled the company since it sounded like a bracelet company, and it was! She is selling 2 sets of my bracelets on her site for about $20 more than I charge my customers. She is doing this without my permission and using my photos without my permission. She also gives no credit to me or my brand. However she is buying them from me at full retail. I'm thinking of asking her to take down my bracelets unless she gives my brand recognition? Thoughts on how to approach this?
    You need to decide what you want from this "customer" first and foremost (more on this in a minute)

    In most jurisdictions I am familiar with (note personal familiarity, I am not rendering legal advice), you really can't prevent someone reselling your physical product, provided they obtain it legally. Once they own it, they can do what they like with it.

    Now, the photos on the other hand, are copyrighted in most jurisdictions I am familiar with by the photographer at the time the photo is taken (registered or not)

    If I buy a Rolex Watch at full retail (or on sale even), and then turn around and find someone willing to buy it for 15% more than I paid for it, and I don't acknowledge it's a Rolex (which makes the price ridiculous since its the Rolex name that demands the price), there's not much for Rolex to do about my buying it and reselling it, nor failing to say it's a Rolex. (Of course in the case of a Rolex, it DOES say Rolex on the watch)

    You can try to compete with them. You can try to work out a deal with them. You can cut them off and not let them buy from you any more. If you wanted you could probably do a little damage pursuing the photo copyright angle.

    Before you decide what to do, ask yourself. "What do I want to have happen?"

    Once you know what you want out of the deal, you know where you want your talks with them to go, and so you can figure out your starting position and what isn't acceptable.

    Obviously if you want to work out a mutually beneficial arrangement (supplier to retailer, partnership, cross promotion, etc) you don't want to approach initially from the DMCA take down my copyrighted pictures approach, nor the "Hey, I'm not selling to you because you're reselling my goods" approach.
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  • Profile picture of the author Kim Standerline
    I'm with the person who said learn from what she's doing if she's managing to sell them at a higher price. (Why arn't you)?

    Sounds to me as though you are both in a win win situation, the more she sells, the more you do as well...

    The lack of credit would bug me tho, (and probably the piccies if she hasn't asked permission)

    Kim
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  • Profile picture of the author NWJewelry
    I'm wondering more if this could be bad for my brand? Will customers think that I am letting her overprice my products and sell them?
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    Nautical Wheeler Jewelry
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  • Profile picture of the author Ruka
    Originally Posted by NWJewelry View Post

    I hand make and design my own jewelry. A customer recently purchased some bracelets from me and put her company's name/address to send it to. I googled the company since it sounded like a bracelet company, and it was! She is selling 2 sets of my bracelets on her site for about $20 more than I charge my customers. She is doing this without my permission and using my photos without my permission. She also gives no credit to me or my brand. However she is buying them from me at full retail. I'm thinking of asking her to take down my bracelets unless she gives my brand recognition? Thoughts on how to approach this?
    You could raise your prices in line with hers. It seems like she has tested the price for you?

    It really depends on where you want to go with this. As others have said, she's acting as a free affiliate. However, if this is not about volume and more about brand ownership I can see why this bothers you. (A less fun but more forgiving way to fix it is just to send her a quick email, she might not realise you don't like what she's doing).
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  • Profile picture of the author David Keith
    If she is buying your products for the price you are asking for and selling them for a higher price, this can only be good for your business.

    Either you make the sales to her and she makes some on the side, or customers see her site and look for them cheaper... finding your site to buy from.

    If people who stole ebooks would only be so kind as to charge more for the ebooks than they paid... but alas, that's just a dream.
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    • Profile picture of the author Bill Farnham
      The only danger I would worry about at present is if she is 'market testing' your designs and her price point in order to see if it would be feasible to copy your designs and sell them under her own brand. That crap happens a lot.

      If you feel this would never be the case, then as others have said, you're actually in a good spot.

      Just keep your eyes open, and also look for an opportunity to grow the relationship if she can move a lot of your merchandise on the up and up.

      ~Bill.
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      • Profile picture of the author Ruka
        Originally Posted by Bill Farnham View Post

        The only danger I would worry about at present is if she is 'market testing' your designs and her price point in order to see if it would be feasible to copy your designs and sell them under her own brand. That crap happens a lot.

        If you feel this would never be the case, then as others have said, you're actually in a good spot.

        Just keep your eyes open, and also look for an opportunity to grow the relationship if she can move a lot of your merchandise on the up and up.

        ~Bill.
        I agree with Bill. Great post.
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  • Profile picture of the author CDarklock
    Originally Posted by NWJewelry View Post

    She is selling 2 sets of my bracelets on her site for about $20 more than I charge my customers. She is doing this without my permission
    You can't do anything about this part.

    and using my photos without my permission. She also gives no credit to me or my brand.
    This part, you can ask them to stop using your pictures - they are yours, you own them; a DMCA notice is appropriate - and they should not misrepresent the source of the bracelets.

    They do not need to mention your brand, however. It is legal to sell a bracelet you bought from someone else by saying "this is a bracelet" no matter who made it. If, however, you state or suggest that the bracelet was created by or for you... then you're treading on dangerous ground.

    How to proceed on that score verges into legal advice and you should consult an attorney.
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  • Profile picture of the author Charanjit
    I would support them selling the product, phone her and ask her if she needs more of your pictures. Channels of distribution are a most no matter what stage of the supply you are at.
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  • Profile picture of the author TopBackBuilder
    Yeah if they didn't have to sign anything saying they couldn't do it, then you have no case, also if you don't register the copyright on your photos then you have no case as well.
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    • Profile picture of the author Bill Farnham
      Originally Posted by TopBackBuilder View Post

      Yeah if they didn't have to sign anything saying they couldn't do it, then you have no case, also if you don't register the copyright on your photos then you have no case as well.
      Caliban needs to fix this one ASAP!
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    • Profile picture of the author E. Brian Rose
      Originally Posted by TopBackBuilder View Post

      if you don't register the copyright on your photos then you have no case
      Absolutely incorrect. You do not need to register your copyright to enforce it. Do some Googling or ask an attorney if you doubt this.
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    • Profile picture of the author Kim Standerline
      Absolutely wrong Gosh I hate it when well intentioned people give out crap advice like this
      Originally Posted by TopBackBuilder View Post

      Yeah if they didn't have to sign anything saying they couldn't do it, then you have no case, also if you don't register the copyright on your photos then you have no case as well.
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