TAS Another business copying product

[missemileekatee]

I have a business selling handmade designer dog accessories. I’m best known for velvet products and in particular velvet bow ties. A previous customer has recently started her own business with her own velvet bow ties. These products look identical to mine and some are even using the same “name” for the product too. Her branding is almost identical and it’s getting to the point where it’s almost impossible to distinguish between her product and mine.

As far as I’m aware there’s practically nothing I can do as I can’t copyright my products. But I thought I’d ask as customers are beginning to notice and continuously asking if our businesses are linked.

here is her product:

Here is my product:

Any advice is much appreciated.

 

[Jacqui Brauman]

Sorry, the images didn't work. There are still laws against passing off a product - whereby a trader is prevented from misrepresenting that what they are selling is the same product as another trader. So they're stopped from implying that there's an association between their product and yours.
I would suggest that you send them a letter that what they are doing amounts to 'passing off', and that her branding and name of her bow ties are too similar to yours, thereby she's claiming or implying an association, and getting a benefit from all your hard work. Tell her if she doesn't make changes within 2 weeks or a month (you choose), then you'll have no choice but to take further action. I'm not in Victoria, so I don't know what jurisdiction you'll have the right to commence proceedings in, or you could potentially make a small claim with ACCC.