Forum Moderators: buckworks
Sounds to me like that's the (or could soon be) the case now. I'm not a lawyer (you should seek one out) but what about copyright alone? If you publish the design and copyright it then it's pretty clearly yours. Wouldn't this preempt the issue somewhat?
Even though it might be cost effective for consumers to buy the ingredients and mix them themselves, I've found that it's typically the one's who weren't going to shell out the money to buy the product in the first place.
It's the same core group that begin search phrases with "cheap" or "sale".
Sorry I wasn't able to answer your question... just wanted to add another perspective from a different market.
If it were me I would get involved in the community of "do it yourselfers"
Make sure you have a signature that links your website and get in there and offer professional advise.
I would bet that for every 10 people that find a "do-it-yourself" only 2 will actually make it themselves and those 2 people are cheap and as pointed out most likely wouldn't buy from you anyway.
3 won't do anything, and about 5 will see the site and the procedures and will be overwhelmed and will look for support.
That is where you swoop in and help them to see that it might be easier to buy from you.
Think of the links and the free exposure you can get by involving yourself in the community.
From my point of view a website of people looking to make your product is a really good place to find potential customers, it sounds like a great place for lead generation and those looking at it could be close to buying, with some good maneuvering you should be able to convert some of them into sales.
First, depending on the forum, you might find the owner to be unresponsive and never remove the offending posts -- not that forum posters wouldn't simply replace the 404'd thread moments later. Second, I am guessing that this falls under some sort of "free speech" (at least in the US) protection. As in, if they aren't posting using the EXACT wording and diagrams you have copyrighted and patented, its perfectly legal.
I would also highlight an example -- Coca Cola. I got over a million hits on "Coca Cola recipe" on Google. Methinks you'd be left out in the cold if you ever tried to file a lawsuit as the forum posters are merely discussing a product/recipe. Until there is indisputable evidence that they went out and made the item in question, you might not qualify for legal recourse. Then again, I have no idea how a court would view someone attempting to make an item on their own -- they might have to try to market/sell the item before you would get a day in court. Both are a far cry from simply posting "speculations" about your design.
My gut tells me your best bet is to notify forum owners/admins/moderators and see if it can't be resolved amicably. A low cost, inobtrusive solution to what may be an innocent problem!
**I would still contact a lawyer! For all I know, this is a clear case of "X" where you simply need to fill out papers "Y" and submit them to "Z" to have this resolved.
But I think if he does take it to the next step, I'll probably just contact the board owner. He hasn't stopped that stuff the other times I've seen people do it, but those companies were much bigger. If I have to, I could always buy some advertising from him. That would probably get him on my side. If that doesn't work, then I guess I'll take it to the next level.
Also, many people think that because something is a hobby for them, that means it's a hobby for everybody. They don't understand that this is my living... It's not just a hobby.
I think it's a societal issue...people view "companies" and "corporations" as their own entities and not a group of people. They refuse to see a company for the individuals it is comprised of (can't see the forest for the trees sort of deal). My guess is that the forum user in question views you as your company -- and thinks it is some large entity that can easily absorb some losses. Maybe you can contact him directly? The poster might just be oblivious to the potential damage rather than intentional in his or her actions.
There are a lot of books about computer systems administration, but many business owners still hire computer administrators instead of buying a good book on the topic :-)
That sounds a little heretical advise, but what about setting up a separate site with recipes how to do it by themselves -- for search engine marketing.
Just do not forget to place links on your products for those who wants actually buy it, instead of trying to make by themselves.
If you cannot stop the wave, try to ride it.
[edited by: Morgenhund at 1:21 pm (utc) on Nov. 19, 2008]
