Discussion:
What is the name of your state?What is the name of your state?Florida
I have been selling a product on eBay for about 4 months. I purchase it from a wholesaler and then list it on eBay. The description of the item and the pictures I use are my own. I have been contacted via eBay 2 times by someone from the company. The first time they asked me to contact them and introduce myself. The second time they sent a more threatening message saying that I was in violation of their intellectual property rights and to contact them within 3 days or they would be contacting eBay. I never responded to them but did let eBay know that they were contacting me. I know from my wholesaler that they do not want me selling their product on eBay because I am selling it for much less than the MSRP. Their motives really have nothing to do with intellectual property rights or trademark but this is the angle they are trying to use. I know that their real goal is to narrow down where/how I get their product then they will put pressure on that source to make me raise my prices, stop selling the product, or cut him off as a wholesaler. He has denied selling me the product. They said they have my name and address so I am expecting a cease and desist letter at anytime. I guess my question is this. If I have purchased the product, do I have a legal right to resell it at any price I choose? Does this company have any legal right to stop me from reselling it? Obviously they can try to find my source but do they have a "leg to stand on" when it comes to threatening me based on their copyright, trademark, or intellectual property rights?
Thanks in advance.
Answer:
What is the name of your state?What is the name of your state?Florida
I have been selling a product on eBay for about 4 months. I purchase it from a wholesaler and then list it on eBay. The description of the item and the pictures I use are my own. I have been contacted via eBay 2 times by someone from the company. The first time they asked me to contact them and introduce myself. The second time they sent a more threatening message saying that I was in violation of their intellectual property rights and to contact them within 3 days or they would be contacting eBay. I never responded to them but did let eBay know that they were contacting me. I know from my wholesaler that they do not want me selling their product on eBay because I am selling it for much less than the MSRP. Their motives really have nothing to do with intellectual property rights or trademark but this is the angle they are trying to use. I know that their real goal is to narrow down where/how I get their product then they will put pressure on that source to make me raise my prices, stop selling the product, or cut him off as a wholesaler. He has denied selling me the product. They said they have my name and address so I am expecting a cease and desist letter at anytime. I guess my question is this. If I have purchased the product, do I have a legal right to resell it at any price I choose? Does this company have any legal right to stop me from reselling it? Obviously they can try to find my source but do they have a "leg to stand on" when it comes to threatening me based on their copyright, trademark, or intellectual property rights?
Thanks in advance.
Tell us what you are talking about.
Answer:
Do I have the right to resell a product that I have purchased? I have not altered it in anyway and have used my own pictures and descriptions of the item in my listing? Do I have anything to worry about/defend if I receive a cease and desist letter from the company? Are they more than likely just using empty threats to get me to reveal my source of the product and get me to stop selling at such cheap prices or am I really somehow in violation of their intellectual property rights?
Answer:
Do I have the right to resell a product that I have purchased? I have not altered it in anyway and have used my own pictures and descriptions of the item in my listing? Do I have anything to worry about/defend if I receive a cease and desist letter from the company? Are they more than likely just using empty threats to get me to reveal my source of the product and get me to stop selling at such cheap prices or am I really somehow in violation of their intellectual property rights? It's okay if you do not want to give us facts and details.
But do not expect any advice.
Answer:
Sorry! I am only a Junior Member and this is new to me. Don't know how much I can/should reveal. I thought I was being pretty specific without just naming the product. It is a tanning product that I purchase from a wholesaler. The wholesaler sells it to me and I resell it on eBay rather than in a salon or spa, etc... The VP of the company is trying to track me down and now has my name and address. I am trying to be proactive before they contact me again. Do they have any legal right b/c of their copyright/trademark to stop me from reselling their product? It is their original product that I am reselling and I feel like they are just trying to intimidate me b/c my cheap prices may be hurting their retail sellers.
Answer:
Sorry! I am only a Junior Member and this is new to me. Don't know how much I can/should reveal. I thought I was being pretty specific without just naming the product. It is a tanning product that I purchase from a wholesaler. The wholesaler sells it to me and I resell it on eBay rather than in a salon or spa, etc... The VP of the company is trying to track me down and now has my name and address. I am trying to be proactive before they contact me again. Do they have any legal right b/c of their copyright/trademark to stop me from reselling their product? It is their original product that I am reselling and I feel like they are just trying to intimidate me b/c my cheap prices may be hurting their retail sellers. Generally, the "first sale doctrine" says that once a first retail sale is made, the IP rights owner can no longer control distribution of that particular object that was purchased. However, when the sale is a "wholesale" sale, rather than retail, the trademark owner will sometimes retain some rights to control certain aspects of the distribution. The law is kind of a mess in this area; in the 9th Circuit (like CA), the rights holder would NOT have the right to control distribution, even after a wholesale sale, in the situation you've described -- however, that's not the rule in all of the circuits. Here is an article you might want to read, which discusses some of the limitations of the "first sale" doctrine in trademark law: .
All that said, the practical question remains -- how much time and money is it worth to fight these guys to sell these products? Maybe you can work something out so that they repurchase your products from you, and you find something else to sell.
Answer:
Thank you for the excellent article. It was exactly what I was looking for. Maybe not the answer I was hoping for, but definitely helpful and informative. I am beginning to feel that you are most definitely right when I weigh the profit I make versus taking on a large company. Not worth the time, money, or hassle. Thanks again!