copying crafts/ copy right / intellctual property rights

[howcantheydothat234]

Hi Everyone
thanks in advance for taking the time to read/reply.
I have made a business selling crafts that I make. I sell multiple things (that are 90% handmade), but one that does extremely well is a product that I import, box a certain way and then personalise. The design: of the way it is boxed and personalised is completely my own and I can prove the first sale from October 2017.
The brand I work under is a ltd company in the UK, and the brand name is trademarked.
I would like to know if there is anything I can do about someone that is copying it to the T. The copy cat is importing the same product, boxing and personalising it the same way and even photographing it the same way on social media and then selling it for cheaper. They are not a registered business/ they are an 'instagram' brand.
(They have previously done this with another product, that I personalise and when I confronted them their reply was: it is not your exclusive product).
Thanks
S.

If they are copying your registered brand name or registered design then I guess you could sue them, but it would cost you a lot of money. Erhaps the answer is to write to themTelling them of their infringements and requesting they stop by a certain date . You could also refer out to any Registration numbers. A letter from a solicitor Could add more weight to this, but in all reality it costs money to sue someone and you could lose a lot.

It depends. You own the copyright in your design but, without seeing samples, it is impossible to tell if there is enough in your design and their copy is close enough to support a claim of copyright infringement. For example, if you are using a commercially available box and they happen to be using the same box that will not be copyright infringement.

If they are using your brand name or doing other things to try and convince potential purchasers that they are you, they have infringed your trademark or may be guilty of passing off.

The last poster is wrong about costs. From your description, I believe this would be a small claim in the Intellectual Property Enterprise Court. Costs for small claims are much lower than cases in the High Court.

You need to consult a lawyer who specialises in intellectual property. They will be able to advise if you have a case and, if so, the likely costs of enforcement action. They will also help you to try and resolve the matter with the other party without going to court - a "cease and desist" letter may be all that is needed.

Thanks @prh47bridge I didn’t realise there was a ‘small claims’ route for IP infringements. ‘Cease and desist’ is the route I’ve seen taken in the past.