Am I allowed to copy the products of my competitors and sell them under my own name?
May 27, 2024 | 40,00 EUR | answered by Sandra Bittner
Dear lawyer,
I am Ella Schröder and I run a small online shop where I sell various products. Lately, I have noticed that some of my direct competitors are offering similar products that are very similar to my own range. Now I am wondering if it is legal to simply copy these products and sell them under my own name.
At the moment, I am unsure if I could get into legal trouble if I imitate the products of my competitors. I want to act fairly and correctly, but also remain competitive and expand my range. Therefore, I am wondering if it is legally allowed to copy the products of my competitors and sell them under my own name.
What risks and legal consequences could I expect with such an approach? Are there possible alternatives to expand my range and remain competitive without copying the products of my competitors? I want to ensure that I comply with the law and avoid legal problems.
Thank you in advance for your support and advice.
Sincerely,
Ella Schröder
Dear Mrs. Schröder,
Thank you for your inquiry regarding the legal situation concerning the copying of products from your competitors. As a lawyer specializing in competition law, I can explain some important aspects on this topic to you.
In general, it is not allowed to simply copy the products of your competitors and sell them under your own name. This would violate competition law and could lead to legal consequences. Your competitors usually have copyright protection for their products and can take action against you if you copy and sell them under your own name.
One possible consequence of such actions is a warning letter from the affected competitors. They could demand that you immediately remove the copies of their products from the market and pay damages. In addition, injunction claims could also be enforced, leading to further legal steps.
However, there are alternatives to expand your range and remain competitive without copying the products of your competitors. One option would be to develop similar products yourself or source them from manufacturers that do not directly compete with your competitors' products. You could also consider collaborating with other companies to expand your range without violating competition law.
It is important that you thoroughly familiarize yourself with competition law and ensure that you comply with the applicable laws. In case of doubt, I recommend seeking advice from a lawyer to clarify potential risks and legal consequences.
I hope this information is helpful to you and I am available for any further questions.
Best regards,
Sandra Bittner
