What Do You All Do When You Find Someone Is Copying Your Product?

[LLWork]

Obviously I'm not talking about key fobs, or any of those products you fold twice and add a clip. I'm talking about those bigger things you design.

Admittedly, my version of the product in question was inspired by existing things, but at the same time is still unique. Twice now I've discovered someone making near identical versions of it. The first guy built it for personal reasons, so I was fine with that. This new person, however, is planning on selling them. Via social media, I left a short and sweet message on the photo. "You stole my design. That is pretty lame." haha.

But what can I really even do, right? I'm certainly not going to be contacting a lawyer or anything. Maybe a home made Cease and desist? haha.

[Thor]

Well you've given yourself the answer already. If you don't want to take legal action suck it up.

Telling someone that he stole your design and not telling him to not do it again and what you expect of him/her isn't helpful. There are at least 2 long threads about copyright infringement you can read up on. For as long as we are really just talking about a design and not a functionality the effort isn't worth it. Unless that design is part of your corporate identity, it be really hard to proof you have righteous claim.

[LLWork]

Well I would assume most of the people here wouldn't get one either? I did a quick search online and for the most part it was saying it wasn't worth it, so I just came in to see if anyone else had done anything about it another way.

[Ferg]

Our experience has been with wood products. We made/manufacture a product in wood that last time I looked 112 other individuals/companies have made also.

We have made it for 38 years. We get an occasional e-mail or letter saying we copied their design, they have usually only been in business a few years.

The worst at copying products are the Chinese. They copied some of our products so completely that shapes of parts and colors were exactly the same. They sold them for less than we could buy the material.

Re: Leather sewing machines. lol

ferg

[jdowney]

My only experience selling stuff is in wood also. Lucky for me, what I make can't be made overseas.

I figure that the only advantage I have is in creative thinking - coming up with unique products and unique jigging to make those products quicker. Those people who copy probably can't come up with their own stuff, so if you start feeling the pinch, the best route is new designs rather than competing with the imitators. Easier said than done, I know, but it is about the only way I know of playing to your strengths rather than wasting time and effort fighting a fruitless battle.

In leatherworking, I'm just making stuff for my own use, so my perspective may not apply.

[LLWork]

I figure that the only advantage I have is in creative thinking - coming up with unique products and unique jigging to make those products quicker. Those people who copy probably can't come up with their own stuff, so if you start feeling the pinch, the best route is new designs rather than competing with the imitators. Easier said than done, I know, but it is about the only way I know of playing to your strengths rather than wasting time and effort fighting a fruitless battle.

I calmed down a bit over the past couple days haha.

The more I thought about it, the more I decided this was the route to go. Fortunately, and this is the only aspect of my situation that is "good", but I've been in a temporary spot for a while now with no shop space. It crippled my production, but gave me plenty of time to prototype. I've got seven competing products to reveal the moment I move into my new shop, and a social media following that's way way better than his.

[TwinOaks]

Mark Smith, former CEO of ADTRAN (a tech company) was asked what he would do about a rival company copying his designs - as in purchasing, reverse engineering, and producing. He said "Nothing. It's millions of dollars in legal fees, probably years of lawsuits, and besides....by the time they reverse engineer it, we're already two generations ahead."

Don't settle on a single design for anything. In the eyes of most consumers, "newer is better", so keep innovating.

[JLSleather]

If the copier is good at it, offer him a job. If not, no worry ...

[King's X]

This issue happens more frequent than not. I just read one last night in another platform where a crafter claimed to have had his "holster" design copied (stolen) yet I know another crafter who has been making them for almost 8 years when I first me him. Whose design is whose original design. I think we see something, consider some changes and tweak it to fit our artist needs. I agree that you should not depend on one product. Constantly challenge yourself to better your design and move forward. I am not in business with my leather items, but if I were one priority for me would be to stay ahead of curve especially with social media. You can almost bet that your design will be copied within a few days of posting pictures, so be ready.

Take a deep breath and move forward to your next best idea!

[Art]

Forgettaboudit. In the world market today with everyone looking to make a buck anyway they can, but mostly to take advantage of the US market; you have to use the same strategy that everyone else is using. Ron Popeil had it right. Develop the product in secret, produce a gazillion of them, and then blitzkrieg the market at a reasonable price. If your price is very competitive, your product may have legs (like the pocket fisherman), but it is usually the one and done paradigm. You take the majority of what there is in one stroke and move on. For the craftsman, pursuing legal action is a farce. If you go to court, and it will take a TON of money to get there, the defense will show 20 different whatsits that are similar, and your case is toast.

Sorry there is no better answer, but it is what it is,

Art

[DavidL]

The brand with the most exposure will get the recognition of that design, regardless of who created it.

Ex. Hydrox came before oreos, kiddicraft blox came before legos.

Why do oreos or legos gain more popularity to the point they are believed to be "original" may be that the product isn't anything revolutionary, but the marketability of oreos and legos outreach competitors.

Stay more relevant than your competitors, and like others have said in this thread keep innovating other designs that follow the same design cues.

For example if you look at car manufacturers most cars in the line up will have similar design cues throughout the models. Consistency. Familiarity.

[Nuttish]

Fashion and clothing are quite different than some of the types of tangible goods being discussed here. They're generally not copyrightable.

Go to Barney's or Neiman's and closely study a few high end handbags. Then go over to a mid level department store and see some of the same design elements in less expensive bags.

At the end of the day, 99% of the fashion industry relies on cribbing designs from fashion houses at the top of the food chain. It takes a year or more for the basics of off the rack designs from major international fashion shows to trickle down, but they do.

[BondoBobCustomSaddles]

So here goes, this is an on going question that comes up a lot. There are many answers to the question that will result in many varying ways, from good to frustrating. As I see it, when someone copies your work, whether with or without permission, it is the most sincere form of complimenting you. Since there is no real way to exact vengeance on them, the only thing you can do is, first make sure that your product/work is better than theirs, after all, it's your idea isn't it? You should be able to make it better, and stay ahead of them, then make sure that their customer base knows that theirs is a copy and won't be quite as good as the originator's product. If you are still not satisfied be sure to take out an add in whatever publication they use , Thank them for the compliment of using your design, and let the customer base know that there is product available from the original source. That is if you are the original source, and didn't copy the design from someone else! At the end of the day you can spend your time trying to get them to stop, (won't work) or making more stuff. Just sayin",

Bob

[howlback]

Experiencing my own bout with this subject right now. Decided to do a forum search on it. This is great advice, Bob. The best I’ve found. It’s hard to think clearly when your seeing red but this really settles it. Thank you!

Edited January 28, 2018 by howlback

[BillinTR]

Just for curiosity I would like to know what the approach should be if you specifically want to copy something functional. There is a leather item I use regularly that is no longer made. There are a number of other simple functionally identical items available but the one I am interested in is uniquely constructed and that contributes to why I like it. I know for certain that the original company no longer makes the item which is why I am going to make one for myself. But I also know of a number of other people who happen to like the same version of this item that I do. I have considered making additional copies just to perhaps sell a few. We are not talking about a huge market. Just maybe a little pocket change to help support my interest in leatherworking. What is the predominant thinking on this?

 

[garypl]

10 minutes ago, BillinTR said:

Just for curiosity I would like to know what the approach should be if you specifically want to copy something functional. There is a leather item I use regularly that is no longer made. There are a number of other simple functionally identical items available but the one I am interested in is uniquely constructed and that contributes to why I like it. I know for certain that the original company no longer makes the item which is why I am going to make one for myself. But I also know of a number of other people who happen to like the same version of this item that I do. I have considered making additional copies just to perhaps sell a few. We are not talking about a huge market. Just maybe a little pocket change to help support my interest in leatherworking. What is the predominant thinking on this?

 

If you are not actively trying to market a product and just want to make a few for friends, I would not worry about it one bit.

Gary

[bikermutt07]

I nicked a belt design the other day. I have enough scruples to not go out and sell it. It was a good idea. A great idea.

But it was a 20 dollar belt with an 80 dollar price tag. I don't think the concept was worth 60 bucks. 

So, I made one for my work vest. I'm also making myself and a friend one.

[Mjolnir]

"Good artists copy, Great artists steal." -Pablo Picasso-

"People buy the artist, the brand, the quality. The object d'art is arbitrary." -Me-

[rodneywt1180b]

Copying is a fact of life.  I don't make direct copies but I do look at what others are doing and use that for inspiration in my own work.  Some things like clothing and other utilitarian items aren't protected by patents.  That's why many major brands print their logos all over them.  Their trademarks are protected even if their designs aren't.  But that doesn't always help either.  Even with their logos there are still plenty of knockoffs out there.

Maybe use a trademark on your product to differentiate it from the copies?

[Harris]

BE PROUD

 

[RogueIndustries]

On 1/29/2018 at 2:45 PM, nstarleather said:

If you're sure they're not making it I wouldn't worry.  I haven't seen much in the leatherworking world that's unique enough to claim a patent on, with one exception:

On several occasions I've been asked to make a font pocket wallet like the Rogue wallet, after looking around the net, I found nobody else selling a wallet with that little pointy end.  Personally I think it's silly anyway (just an extra bit of leather that really doesn't do much), but since I couldn't find anybody doing anything remotely similar, I've figured that they probably do fight anybody they see infringing on their idea.  That being said...the idea may not be "patentable,"  but it wouldn't be worth the legal fight. 

Hi Nstarleather, 

Wells over at Rogue Industries here. We really appreciate you not copying our wallet. We do have two valid patents on the front pocket wallet, and you're correct, when we see a big company knock off our design (with hundreds or thousands of infringing units) we go after them. 

While most leatherworking isn't patentable, copyright law will protect a lot of creative designs.

 

[RogueIndustries]

Thanks, Mike. No offense taken! We try to not take ourselves too seriously around here. The shape isn't for everyone, in fact we've had plenty of customers ask us for front pocket wallets with the curved edge (to match the pant pocket shape) but without the points, so your hunch was right on.

I once had a waitress ask me why I was carrying an "elf-ear" wallet. She let me know she'd seen them before and she didn't like 'em.  Thought it was the ugliest thing she'd ever seen in fact...

 

[NVLeatherWorx]

On 1/29/2018 at 11:45 AM, nstarleather said:

On several occasions I've been asked to make a font pocket wallet like the Rogue wallet, after looking around the net, I found nobody else selling a wallet with that little pointy end.  Personally I think it's silly anyway (just an extra bit of leather that really doesn't do much), but since I couldn't find anybody doing anything remotely similar, I've figured that they probably do fight anybody they see infringing on their idea.  That being said...the idea may not be "patentable,"  but it wouldn't be worth the legal fight. 

That Rogue Wallet design is not anything new; Tandy Leather had this in their line-up a few years back (even before the Minimalist movement) and it is now available as a downloadable PDF from their Leathercraft Library (I have an original design sheet for this very item).  By the way, they have it registered with a copyright so Rogue might want to be careful with pushing anyone else too hard about design infringement.  That little pointy end is supposedly intended to make it easier to remove the wallet from your pocket; supposedly the rounded end limits any corners from getting snagged.

[chrisash]

On all your advertising and goods have a label stating  "This is the original"made by xxxxx, copies may be cheaper but there is a reason.

[alpha2]

I've seen the Rogue/Tandy wallet, and have always thought that the point in the Rogue advertisements was facing the wrong way. Anyway, I've been putting rectangular wallets in my front pockets for years. (Well, since the early '70's, when the Coast Guard sent me to New York City). No issues.

Jeff

Edited July 1, 2018 by alpha2