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Manufacturer says I can't sell their stuff?

Can a manufacturer tell me to take down my listings of their products?

Message 1 of 81
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80 REPLIES 80

Re: Manufacturer says I can't sell their stuff?

Used and preowned are the same thing. In any event, the car is NOT new. 

Message 61 of 81
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Re: Manufacturer says I can't sell their stuff?

I beg to differ. Used means it's been USED. Preowned MAY be used as well but it can also be bought and sat on a shelf UNused.

 

Cars are a different thing anyway, we all know they lose value as soon as you drive them off the lot.

"If a product doesn't sell, raise the price" - Reese Palley
"If it sold FAST, it was priced too low" - also Reese Palley
Message 62 of 81
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Re: Manufacturer says I can't sell their stuff?


@inhawaii wrote:

The manufacturer can't tell you you can't sell something on ebay.

But ebay can tell you you can't sell something on ebay.


That is a rather broad and, by its nature, inaccurate statement.              

 

I sell a variety of baseball caps featuring most European Football teams (i.e. soccer to us colonialists). I received 2 VERO complaints from the specific teams because I bought them from a Canadian distributor who did not have a license to sell them in the US.

 

Several of my suppliers have in their TOS that their products can not be sold on eBay, Amazon, etc.

 

Some years ago I went to a Licensed Sports Show with the intent of buying baseball caps with pro sports logos. Each booth asked if I had a B&M store or was I selling them online. Online? Nope we won’t sell them to you. (Finally did find one who didn’t care)

 

One of my suppliers dictates that I can not ship outside of the US - a licensing issue similar to the soccer caps above.

 

First sale doctrine notwithstanding.

 

Message 63 of 81
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Re: Manufacturer says I can't sell their stuff?

Well there is a certified letter waiting for me at the Post Office from the manufacturer.  I'm curious to see what it says, but I am stalling in order to get through Christmas season and get rid of as many boots as I can. I reckon that I will read the letter and respond via certified mail in a vague fashion just to drag this out. The manufacturer clearly is new to this kind of situation since he emailed me on the same day that he opened an ebay account. I'll report back when more takes place. In the mean time I sincerely appreciate all who have offered their thoughts on this. Opinions are all over the map, which I take as this isn't as clear cut as some might think, especially since the manufacturer has not gone the vero route.

Message 64 of 81
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Re: Manufacturer says I can't sell their stuff?

I might consider marking your boots as used. It is curious how you acquired so many new boots if you are not a distributor. 

Message 65 of 81
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Re: Manufacturer says I can't sell their stuff?

Might not be the best idea - you have been notified that the rights owner

doesnt want you selling their items (as new).  That might start the clock on damages that you owe.

Message 66 of 81
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Re: Manufacturer says I can't sell their stuff?

The longer you ignore the letter and the more boots you sell, the more money they can go after from you.

 

Not saying what they are doing is ethical but ignoring the letter isn’t the gotcha move you think it is.

Message 67 of 81
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Re: Manufacturer says I can't sell their stuff?

@sammoab ,

 

I think it is time for you to lawyer up. Instead of taking advice from a bunch of sellers on a public forum that are not legal experts in my opinion is not a great idea. Most lawyers will give you a free initial consultation. I would get out the yellow pages and contact a couple of lawyers specializing in business litigation and interlectual property law.

 

Avoiding to deal with the manufacturer by not responding to the certified letter is not a good idea. 

Message 68 of 81
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Re: Manufacturer says I can't sell their stuff?

I do plan to respond to the certified letter. Once I see (in the next couple of days) what the certified letter says I will decide if it warrants a lawyer

Message 69 of 81
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Re: Manufacturer says I can't sell their stuff?


@sammoab wrote:

Well there is a certified letter waiting for me at the Post Office from the manufacturer.  I'm curious to see what it says, but I am stalling in order to get through Christmas season and get rid of as many boots as I can. I reckon that I will read the letter and respond via certified mail in a vague fashion just to drag this out. The manufacturer clearly is new to this kind of situation since he emailed me on the same day that he opened an ebay account. I'll report back when more takes place. In the mean time I sincerely appreciate all who have offered their thoughts on this. Opinions are all over the map, which I take as this isn't as clear cut as some might think, especially since the manufacturer has not gone the vero route.


Lol. You know if they are willing to go to the extent to send you a certified letter, you are going to get sued. Meaning that every pair you sell, it's going to cost you more than any money you make selling them. Lawyer fees will cost you much more then the 300 pair bring you. You keep thinking that if you play games and drag it out, you can wait them out. They can sue you and probably will, and every pair you sell, will be another nail in the coffin for you. 

 

You are messing with a company that has WAY more money then you They are willing to make an example out of you, to discourage other resellers from doing the same thing. They know if they destroy YOU, then they save themselves money and time, scaring off other resellers. What's more important to you? Selling these shoes or keeping your business? Looks like selling shoes is more important. You fail to see the big picture. 

 

Were you business savvy at all, you would have turned this situation around. Wouldn't you have rather been an authorized seller of the shoes? Now you won't be able to sell anything when they get done with you. What will you do, if eBay gets involved and asks for receipts? Because the receipts on these shoes will not be accepted. And if they ask, you will lose your account forever here. You won't be able to open another one either. 

 

People get mad at eBay when they lose out. And many times it's the sellers themselves that screw it up. You will soon learn the lesson that playing with fire is stupid. Lawyers and courts will show you just where you rank, and it's at the bottom. Your demand for greed is going to cost you everything. Playing nice always works better than thinking YOU are in charge all the time, Because you just are not. 

Message 70 of 81
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Re: Manufacturer says I can't sell their stuff?

Again, thanks to all that have responded with their eBay wisdom.

I would point out that the manufacturer that told me I could not sell their stuff was not on the vero list. Just sayin'.

That being said, I did get a letter from a law firm essentially telling me to cease and desist from selling their boots on eBay, or else! So I delisted all the boots (271 of them). While laying in bed last night I started thinking it all through, as that seems for many folks a time to think clearly. I thought of this local store that sells stuff that is clearly a bunch of "store returns" and what not. I walked in and talked to the manager. "hey I've got these boots that I sell on eBay that I want to be done with".  "OK, show me". I came back a couple of hours later, showed him a dozen  boots and made a deal that we were both thrilled with. Happy ending. 

Long story short, I learned a lot. Especially from this forem. Thank you all have for chiming in. This truly is a worthy community!

Over and out.

Message 71 of 81
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Re: Manufacturer says I can't sell their stuff?

These people lie about knock offs all the time. They will report them as not being authentic, just because they do not want you to sell them.

Message 72 of 81
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Re: Manufacturer says I can't sell their stuff?

@sammoab ,

 

You have nothing to lose by consulting a lawyer. Most will give you a FREE first consultation.. 

Message 73 of 81
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Re: Manufacturer says I can't sell their stuff?

I lost nothing, especially, I did not pay a lawyer.  Having said that, perhaps I would have done a good deed for many others by fighting it. But I ain't got that kinda money, and in the end I ended up happy and financially on the upside.. Am I a bad guy? I think not, just one hoping to keep my household financially stable. Right?

Message 74 of 81
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Re: Manufacturer says I can't sell their stuff?

wow, you misread everything I have said and intend. Please, there is no need to be so negative. Your comment seems to say that I think I know everything. I do not. But at the same time I will not be rolled over by attempted bullying from the manufacturer. In the end it all worked out well for me, but it would not have worked out well if I had followed your advice.You say "Were you business savvy at all",  Please, I have been in business for 50 years. And you? 

Message 75 of 81
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