QUESTION
I want to start an online boutique. Should I look for companies that are ODM or OEM?
Asked on Sep 18th, 2012 on Intellectual Property - New York
More details to this question:
I saw many China companies that make the type of shoes and dresses that i am looking to sell but China copies so many items and I don't want to be sued.
Should I look for manufacturers that say they are ODM or OEM?
1 ANSWER
Business Transactions Attorney serving Los Angeles, CA
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Doland & Fraade
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Foreign trade is 10x more complicated that a normal US business. Your legal options against the manufacturer are limited. You are correct that trademark and copyright infringement are rampant. If the goods are seized at Customs because they infringe, you chance of getting money back from China is zero. ODM or OEM will make no difference. You should consult with an attorney specialized in foreign trade who has colleagues in China if you are serious and insist on this source of goods. I always suggest "local" counsel and there are numerous great foreign trade attorneys in NY.
Answered on Sep 18th, 2012 at 12:59 PM