posted on March 6, 2001 09:15:59 PM new
I have a 'widget' that I make and have been selling regularly on eBay for over two years now. It's not an uncommon item and though sales have never been really terrific, they have been good. Well, recently, for some thankful reason, sales have exceeded my expectations. I have always sold these items with a 'reserve' and every one that I have ever listed has sold for more than the reserve price. So, I have established a 'market' and proven that people are willing to pay X amount to get this item.
Now, it appears the good sales have not gone unnoticed by other sellers and of late I have witnessed 'knock-offs' of this item I make. That doesn't bother me near as much (well, yeah it does) as the fact that they are undercutting my price. Now, why would someone, especially a seller who obviously had to create this item and is aware of the time and work involved in creating it, offer the item for less when the market has already shown the item will bring more?
And, as the item is not uncommon - I didn't 'create' the original - the original of this item was created years and years ago and my interpretations of the original are not infringing on any copyright issues - is there anything I can do to keep people from copying my copy? And, how different does their 'copy' have to be to escape infringement?
Just really bummed and feeling used by the entire eBay experience at the moment.
Used to be, when I 'created' things to sell at Antique & Craft shows - it would generally take about 2 months before anyone realized you were selling such and such item really well and attempt a 'knock-off'. Now, with eBay and the Internet - that process takes about 1 week - if that. So, my back is kind of 'achey' at the moment from carrying all these people who have no creativity of their own.
I appreciate 'competition', but this is NOT competition in my opinion. Competition, in my opinion, is when you display where your creativity lies and are successful with that.
posted on March 6, 2001 10:02:57 PM new
Sorry to hear that this is happening to you. I don't really think there is any way you can get them to stop copying you unless you have a patent on it.
I would think that they are pricing their item lower than yours so they can knock you out of the running.
I know they say that competition is good but I have had my business since 1985 and at times I have loathed the competition just because they do not seem to have any good ideas and have copied mine, including my store & window displays.
Right now the owner of the store next to mine watches the sales reps and suppliers come into our store with their cases. When they leave he runs out of his shop to approach them to sell the same stuff to him. None of them have been that foolish as they know I will no longer buy from them but each time I see it I get angry. This guy is trying to copy everything I do.
All I can suggest is that you do your item "better" than they do. Try to do your descriptions "better" and offer the best customer service that you can.
And remember that lots of these copycats never seem to be in it for the long run. You have been selling your widget for longer than they have so think of that as an advantage.
Or maybe it is just time to find a new widget as there may be even more copycats copying the other sellers that are copying you. It is a full time job keeping ahead of the competition but that is what I have to do to survive. Best of luck with your sales.
posted on March 7, 2001 05:42:04 AM new
Yes, make your listings and services outstanding. And, list more in different ways: with Free shipping, with an added bonus, specially wrapped, Dutch, different colors, with a card of authenticity, without a card of authenticity, slightly damaged, used, etc....
Many manufacturers are not even bothering with patents anymore. They are making stuff fast and in very large quantities that are aggressively marketed to grab a the leading market share. Then after the knock-offs start appearing the original manufactures have already made their profits and have moved on to other products.
The key seems to be, especially when you are dealing with copies, sell as many as you can as fast as you can and claim you have the "ORIGINAL, NEW, IMPROVED, CLASSIC, etc..."
posted on March 7, 2001 07:28:47 AM new
It sounds to me like you have built up a clientele. Your customers are searching for you - not just your widget. Customer service will be your key here - and perhaps discounts of some kind, although they probably aren't necessary.
There are people who will buy cheaper - then there are those who look for quality.
I have a widgit I sell for $6. My competitor sells a very similar widgit for $2. Guess who sells the most? ME Why? It is all about giving them what they want - and then some.
>Now, why would someone, especially a seller who obviously had to create this item and is aware of the time and work involved in creating it, offer the item for less when the market has already shown the item will bring more?
Do you really have to ask? It is called competition, (I know you said you understand compatition, but pricing really is part of it!) and is the foundation of a free interprise system. Maybe the want to sell twice as many as you, or maybe they are happy with what they are getting, and want theirs to sell instead of yours.
If you can't take the heat, get out of the kitchen. (sorry, I just had to say that )
posted on March 7, 2001 09:30:52 AM new
The women who invented the icicle lights that were sold in the millions and millions patented the device the attached the lights to your building, but for some reason they didn't patent the lights themselves. Maybe they couldn't for some reason--I really don't know.
So--all the competitors had to do was change the way the lights were attached and they could compete with the original
posted on March 7, 2001 02:51:42 PM new
The answer to this question is really very simple. If the knockoffs are actual copies of your item with replications of distinctive features of your particular version, you can have these auctions ended (and it's easier than you may think). All you have to do is write to [email protected] with the offending auction number(s). Safeharbor will send you a message stating that unless you join the VERO program there is nothing they can do. But that email will also include the link to download the form to join VERO. Just fill it out and FAX it back to them (yes, the first one has to be faxed in). After that, you just send a Notice Of Infringement to [email protected] with the offending auction numbers. The auctions will be canceled in short order. Just be sure that you report items that are truly infringing (really a knockoff) of your items. To do otherwise would be very unfair. But once you FAX in the VERO paperwork ebaY will end any auction(s) you report automatically.
Edited to add: Don't join VERO just to eliminate legitimate competition. This WILL work, but we all know how unfair that would be.
[ edited by dubyasdaman on Mar 7, 2001 02:53 PM ]
posted on March 7, 2001 02:59:09 PM new
From what you noted, you are essentially selling a "knockoff" of the original. Now others are supposedly selling items similar to yours.
You are not selling something you personally created or designed (i.e., an original, the first person to think of it, etc.), but something you copied from someone else; so I don't think you have anything substantive to complain about. Sooner or later all "knockoffs" are subject to competition....
posted on March 7, 2001 03:07:35 PM new
VERO is for patent, trademark, copyright, service mark infringements, and from her description her competition problem fits none of the above, unless they are using her ad copy.
VERO can not be used just because someone sells something like you sell.
posted on March 7, 2001 03:46:31 PM new
It would be interesting to know what the item is though I understand why you may not want to say. You do say that it is not uncommon and that the original was around years and years ago.
Could it be that others have copied from that original and not necessarily yours?
Also you do say that at a craft fair it would take about 2 months before knock-offs were around. You also say that you have been selling this for over two years on ebay and now the heavy competition is just starting. I think you should count yourself lucky.
Are the others selling an item that they have done better than your item or does it look cheaper? This is something else that you can think of when selling yours. If yours is better use that to your advantage.
Also remember that there are buyers that will find your item first and may never see the others.
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