Contacted by manufacturer about our website

[Teamcasa]

I'm not a lawyer, but based on what I do for a living I happen to know more than most about advertising, trademark, copyright and intellectual property law.

Let's not forget that the name of the company and the individual product names in question are most certainly registered trademarks. If the owner of those trademarks wants to enforce their intellectual property ownership by not allowing you to infringe on them they can - and legally they actually MUST - or risk losing the rights to their own trademarks. I deal with this all day long. It's a real issue and not trivial.

So, yeah, you can sell the goods for whatever you want. But legally you cannot use the manufacturer's name, the product name, or the model number info or risk violating copyright and trademark law.

However, if the OP wants to email me, I can provide some boilerplate language that would cover you in that respect...

:cool2:

More good advice.

 

[RJP]

If that's the case, how does it work on eBay, and how are you supposed to describe the product you're trying to sell?

It's up to the trademark/copyright owner to enforce their intellectual property rights. I have several clients that can and do get ebay auctions taken down when they infringe on their marks. When you know the law and how to navigate its waters, it's quite simple. Most of the time it's a matter of unintentionally violating the trademark or copyright. I know companies that will send ebay posters correct info on how to refer to their products in a non-infringing manner; they don't necessarily want to pull the listing, they simply don't want their trademarks put at risk.

 

[Paladin]

Why not simply list the items as used merchandise that is in "like new" condition? As second hand goods, I would think that would take the manufacturer out of the loop.

 

[GrumpyOldGuy]

I would incorporate, such as an LLP or such. That way you can protect your personal assets if the a-holes actually go to court and prevail. In the meantime, sell low and fast, by the time they get their day in court there will be little for them to collect.

 

[Doc]

Thanks for the replies so far. I intentionally did not include our website or the vendors name.

The only way you could be noticed is if you could be noticed.

If you can not be located on the internet... no one would be complaining, thus....

I did a GOOGLE search and came up only with Purchase Discount Scuba Diving Gear, Snorkeling Equipment, Scuba Products, and Scuba Supplies at deepscubagear.com as a likely candidate.

Confirm or deny, Is this your website?

Then, if that was indeed your site, I think any number of opinions could then be offered as to your status.

It all depends upon how you have represented your operation. Gotta see the website.

 

[miketsp]

I'm at a loss to understand what possible action the manufacturer could take if the products are correctly described as second-hand but unused and the reseller does not claim to be in any way a representative or authorized distributor of the manufacturer.
Seems to me that any court claim would be thrown out and could give rise to a nicely profitable counter-claim.

 

[chicagodiveguy]

Hi Everyone,

Thanks for the replies. RJP... PM sent to you last night. Based on info from my lawyer, he stated basically what RJP suggested. Copyright & trademark issues most likely.

RoatanMan... No, that is not our site.

 

[TSandM]

I asked my husband, who is an attorney, this question, and he said there may well be state laws applicable to limit what you can do when reselling items as new. He also voiced the trademark/brand concerns. So I guess I was wrong with what I wrote above. It boggles my mind that you can be stopped by a manufacturer from selling their goods SECONDHAND at whatever price you want, but apparently it's true.

 

[Dive Right In Scuba]

WOW>....seems like a stretch to me. I would be really curious to know who is attempting this. Most manufacturers do NOT want anything to do with legal....and know they already tread a fine line with MAP and such. I can however think of a couple manufacturers that might just take up a battle. Very strange....I would offer to sell it back to the manufacturer If they don't want to buy it, at least you have in writing that you attempted to sell it back at fair market value for what you paid and expected to get from it. Maybe toss a little discount because they are buying so much....

If they say no, that is fine...might just give you some more ammo if they do decide to take you to court.

I agree with Roatan Man too....without knowing what you are offering and how you are offering it, it is hard to say the manufacturer is in the wrong. It all depends on how the info is delivered, but if it is what you say....I wouldn't care. Hell, we buy stuff from guys when they go out of business too. I would honestly laugh if they said they would sue me. Open the box, and sell it as "Used"

 

[scuba_frog]

It boggles my mind that you can be stopped by a manufacturer from selling their goods SECONDHAND at whatever price you want, but apparently it's true.

Nobody ever said laws were logical. Just look at the IRS. But I digress. My suggestion, depending on your volume, pull/stop selling the manufacturer that is complaining and sell the rest. Then put the stuff you pull on e-bay...or contact us other Chicago guys directly. You would think a company would want to see people using their gear instead of trying to prevent it. That might entice others to purchase the same gear.