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How to Ensure Only I can Sell A Product?

  • 23-05-2009 12:01pm
    #1
    sneakerfreak
    Closed Accounts Posts: 427 ✭✭


    I am going to import a dietary supplement which has not been sold in Ireland before.Lets just call it 'Greenberry'.

    This supplement comes in many different forms (powder,extract etc etc).

    It is available from a number of countries so I dont think I can get exclusive distribution rights from all of them.

    So I have to try here in this country to get it exclusively.

    Can I copyright the name of the product?It has the same name when it is a crop and when it is harvested and when it is sold.

    Can I copyright such things like 'Greenberry' even though that would be like copyrighting 'Bread' the only diffrence being that 'Greenberry' has never been here before.

    Can I copyright 'Greenberry Store','Greenberry Shop','Irish Greenberry' etc etc?

    Any thoughts on this?


Comments

  • #2
    Hagar
    Closed Accounts Posts: 16,793 ✭✭✭✭Hagar


    Should you not be approaching the owners/manufacturers of the product to obtain sole distributorship rights for the product in Ireland? I'm sure they would be keen to have a distribution network setup for their product.

    I would register the website as soon as you have the agreement signed.


  • #3
    sneakerfreak
    Closed Accounts Posts: 427 ✭✭sneakerfreak


    I was saying that it is grown in many countries so I cannot get sole distribution.

    Many growers in many countries makes it impossible as far as I can see mate to get sole distribution rights.


  • #4
    O'Coonassa
    Closed Accounts Posts: 1,318 ✭✭✭O'Coonassa


    I'd have thought that was impossible unless there's only one company in the world growing and processing the crop.


  • #5
    sneakerfreak
    Closed Accounts Posts: 427 ✭✭sneakerfreak


    O'Coonassa wrote: »
    I'd have thought that was impossible unless there's only one company in the world growing and processing the crop.

    Exactly mate.So as far as I can see the work needs to be done here.

    But can you patent a dietary supplement or maybe a herb if it could be recognised as that?


  • #6
    Hagar
    Closed Accounts Posts: 16,793 ✭✭✭✭Hagar


    sneakerfreak wrote: »
    I was saying that it is grown in many countries so I cannot get sole distribution.

    Many growers in many countries makes it impossible as far as I can see mate to get sole distribution rights.

    To use your own analogy , you can't get sole distribution rights for "bread" but if you make a deal with a particular baker you can get sole distribution rights for say "Brennan's Bread". Isn't that what it's all about, ie trying to market a specific brand?

    /edit/ It's beyond me how you think you can patent or copyright something you didn't invent/develop/own. :confused:


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  • #7
    sneakerfreak
    Closed Accounts Posts: 427 ✭✭sneakerfreak


    Hagar wrote: »
    To use your own analogy , you can't get sole distribution rights for "bread" but if you make a deal with a particular baker you can get sole distribution rights for say "Brennan's Bread". Isn't that what it's all about, ie trying to market a specific brand?

    /edit/ It's beyond me how you think you can patent or copyright something you didn't invent/develop/own. :confused:

    I get you now mate,yes thats what I was thinking,that I couldnt patent a naturally occuring product lol.

    So yes the only hope is to try and find the best supplier of the best 'Greenberry' and get sole distribution with them yes?


  • #8
    Hagar
    Closed Accounts Posts: 16,793 ✭✭✭✭Hagar


    That's what I would do. a strong brand name is very important.


  • #9
    IDCI
    Closed Accounts Posts: 16 ✭IDCI


    No you can't really. People have managed to patent genetically modified variants of crops, but even that's a bit contentious.

    You can trademark a brand, that's your best bet. I'd imagine the real issues that will effect your success are developing a market base and setting up a speedy and consistent service, not protectionism.


  • #10
    Pines
    Registered Users, Registered Users 2 Posts: 225 ✭✭Pines


    Just regarding the trade mark protection. If I understand you correctly the name "greenberry" is the generic or normal name for the plant/herb/whatever. If so, it is not distinctive and so cannot be registered as a trade mark.

    Same goes for Greenberry Store, Shop, etc.

    Say the product was nettles. You can't get trade mark rights for "nettles" or "Irish nettle shop" etc. However, you might get trade mark protection for (say) "Sting-a-ling" or something else that was not entirely descriptive.


  • #11
    um7y1h83ge06nx
    Closed Accounts Posts: 5,029 ✭✭✭um7y1h83ge06nx


    It does sounds like a case of obtaining sole distribution for a particular brand of 'Greenberry'.

    Not meaning to hi-jack the thread, as this would probably help the OP as well, but does anyone have tips about how to approach a manufacturer with a view to obtaining distribution rights?

    Distribution is something I'm a little interested in (what to distribute is another question entirely :o)


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