Same style as branded yet with no brand logo?
Post 1 of 9
Hi,
I am currently researching sports shoe suppliers in China and have noticed that some of the pictures shown on certain websites have an identical version of a branded shoe but without the branded label i.e. the well known tick of Nike. Is this legal to sell in for example EU countries.
Apologies, if this may appear to most as being a silly question, although as I am quite new to the import business. I want to ensure from the beginning that I do not get involved in illegal trading. Logically my first instict is that this is illegal, is this correct?
Regards
Nicky
I am currently researching sports shoe suppliers in China and have noticed that some of the pictures shown on certain websites have an identical version of a branded shoe but without the branded label i.e. the well known tick of Nike. Is this legal to sell in for example EU countries.
Apologies, if this may appear to most as being a silly question, although as I am quite new to the import business. I want to ensure from the beginning that I do not get involved in illegal trading. Logically my first instict is that this is illegal, is this correct?
Regards
Nicky
27 Feb 2006 00:42
Post 2 of 9
From my opinion and experiences, this is not a matter of legality but more one of ethics. It is not illegal unless some part of the construction has been patented by the brand/manufacturer. And more than often, the patents are hard to enforce, thus people try to brand things (such as goretex, climacool, etc. for fabrics).
I believe a factory or seller (especially one that specializes in OEM) should not be selling a product that it has made for one brand to another one because of ethical reasons. If the factory designed the product, then the case would be different and it has the right to sell to whoever it wants. Also as a manufacturer, I've often had one company show me a product that I've made for another company. Design is often done like this in certain industries, and the general rule that I follow is I will not knock off a product that I have made for another company until the selling season (e.g. Fall 2006) for that product/style has completely passed. Once the selling season for a style has passed, most companies could care less who knocks it off. A lot of designers actually find that flattering. The most important thing is to use good judgement and listen to your customers!
I believe a factory or seller (especially one that specializes in OEM) should not be selling a product that it has made for one brand to another one because of ethical reasons. If the factory designed the product, then the case would be different and it has the right to sell to whoever it wants. Also as a manufacturer, I've often had one company show me a product that I've made for another company. Design is often done like this in certain industries, and the general rule that I follow is I will not knock off a product that I have made for another company until the selling season (e.g. Fall 2006) for that product/style has completely passed. Once the selling season for a style has passed, most companies could care less who knocks it off. A lot of designers actually find that flattering. The most important thing is to use good judgement and listen to your customers!
27 Feb 2006 02:55
Post 3 of 9
Hi, edjjhsu
Thank you for taking the time to reply to my post, your comments helped me extremely much.
Just for knowledge, when you have experienced other companies showing you products that you intially made. Can you tell me what your intial reactions and feelings have been?
Additionally, if I were to create my own line relying on a manufacturer to produce it. Is there anything specific that you can recommend that I could put in place to avoid my i.e. chosen manufacturer from passing on a design before the selling season is completed? or is this really hard to prevent as I can imagine not all manufacturers have the same mindset as yourself?
Regards
Nicky
Thank you for taking the time to reply to my post, your comments helped me extremely much.
Just for knowledge, when you have experienced other companies showing you products that you intially made. Can you tell me what your intial reactions and feelings have been?
Additionally, if I were to create my own line relying on a manufacturer to produce it. Is there anything specific that you can recommend that I could put in place to avoid my i.e. chosen manufacturer from passing on a design before the selling season is completed? or is this really hard to prevent as I can imagine not all manufacturers have the same mindset as yourself?
Regards
Nicky
27 Feb 2006 06:36
Post 4 of 9
Replying to [Nickyf]:
Dear Nicky,
In response to your questions:
1) When I see a product that I have made before, I usually think "Cool, I already know how to make the product" and it cuts down on all the analysis we have to do to manufacture the product. The product is always brought in during or after the selling season, so I've never faced a serious conflict of interest. That is because designers often go to retailers and buy competitors products for inspiration. By the time development starts for the "knock-off", the original is done with its sales cycle.
2) I'd recommend not trying to be a one-hit wonder. If you want your brand to be associated with innovation and quality, you will need to continually create new product. I'm in the garment industry which is really fast paced and my OEM customers do not stop in creating new product.
Another recommendation would be to split the manufacturing process. For example, a lot of people in the garment business like to buy T's from one place and then do the embellishments elsewhere. It seems like you're doing shoes, so I'd recommend you analyze the manufacturing process and see if you can split it up.
Finally, the best thing to do is understand your manufacturer. Who do they sell to? Do they attend any trade shows? Do they sell to flea markets? etc. If they are hermits, there is no need to really be worried.
Good luck!
-Edwin
Dear Nicky,
In response to your questions:
1) When I see a product that I have made before, I usually think "Cool, I already know how to make the product" and it cuts down on all the analysis we have to do to manufacture the product. The product is always brought in during or after the selling season, so I've never faced a serious conflict of interest. That is because designers often go to retailers and buy competitors products for inspiration. By the time development starts for the "knock-off", the original is done with its sales cycle.
2) I'd recommend not trying to be a one-hit wonder. If you want your brand to be associated with innovation and quality, you will need to continually create new product. I'm in the garment industry which is really fast paced and my OEM customers do not stop in creating new product.
Another recommendation would be to split the manufacturing process. For example, a lot of people in the garment business like to buy T's from one place and then do the embellishments elsewhere. It seems like you're doing shoes, so I'd recommend you analyze the manufacturing process and see if you can split it up.
Finally, the best thing to do is understand your manufacturer. Who do they sell to? Do they attend any trade shows? Do they sell to flea markets? etc. If they are hermits, there is no need to really be worried.
Good luck!
-Edwin
02 Mar 2006 14:29
Post 5 of 9
Replying to [Nickyf]:
Also, one thing you must understand, is that a lot of times, somebody needs a pictures, googles for it and uses it as their own.
Also, you must understand China.
Here, you can buy things that look exactly like the original,
without the brand name.
And that goes for just about everything.
Also, one thing you must understand, is that a lot of times, somebody needs a pictures, googles for it and uses it as their own.
Also, you must understand China.
Here, you can buy things that look exactly like the original,
without the brand name.
And that goes for just about everything.
02 Mar 2006 19:46
Post 6 of 9
Replying to [Nickyf]:Nicky, Hello my name is Akmauri G. and I have been having the exact same problems as you. I have made the mistake of not doing inadequite research and have lost thousands. Have you had any luck finding authorized suppliers. You can contact me. I would truely appreciate it. Thank you
08 Apr 2006 20:40
Post 7 of 9
Dear Nicky,
As Edjjhsu has already given you the right idea i.e. get into creating a "Pathbreaking Range" with each season under your 'Umbrella Brand/Label" be it for Gaments or Shoes.
That could entail investing in a Design studio with designers who have the right instinct on the perpetually moving fashion industry with the right focus on your Clientele and the underlying momentums in your market and get the right sourcing agencies focussed just on your goals..
Not only will it give you good margins compared to "Reselling" of Branded or Unbraded merchandise, it shall also keep you away from the trouble you could get into trying to sell fakes in a marketplace like Europe.
For Shoes and Garments both China and India are a good Sourcing bet.
Do let me know in case you need help..
Rgds,
parikshit@capacity-india.com
As Edjjhsu has already given you the right idea i.e. get into creating a "Pathbreaking Range" with each season under your 'Umbrella Brand/Label" be it for Gaments or Shoes.
That could entail investing in a Design studio with designers who have the right instinct on the perpetually moving fashion industry with the right focus on your Clientele and the underlying momentums in your market and get the right sourcing agencies focussed just on your goals..
Not only will it give you good margins compared to "Reselling" of Branded or Unbraded merchandise, it shall also keep you away from the trouble you could get into trying to sell fakes in a marketplace like Europe.
For Shoes and Garments both China and India are a good Sourcing bet.
Do let me know in case you need help..
Rgds,
parikshit@capacity-india.com
10 Apr 2006 00:29
Post 8 of 9
Replying to [Nickyf]:
if you are not experienced in importing before,please be careful at first.some companies in uk can import copy brand goods with their special way,if you can not,please be careful,there are many suppliers in china specialize in exporting nike shoes are copy brand!
if you are not experienced in importing before,please be careful at first.some companies in uk can import copy brand goods with their special way,if you can not,please be careful,there are many suppliers in china specialize in exporting nike shoes are copy brand!
20 Sep 2006 10:27
Post 9 of 9
Replying to [fantacy1010]:
as you are new in import business you should aware it is not legal to sel same designs of branded items with our logo and you may can scammed of copywright,
as you are new in import business you should aware it is not legal to sel same designs of branded items with our logo and you may can scammed of copywright,
20 Sep 2006 19:06
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