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Can any company stop me from selling their products on eBay?
Can any company stop me from selling my products on eBay? And even “go the administrative route and ruin my good reputation on eBay.â€
I think the point of eBay is resale. People make money by buying something cheaper and selling it for a profit. Or sell something you bought by mistake, something that didn’t fit, or unnecessary gifts...
For DIYs, there's ETSY. Mostly all the products on eBay are made by someone else.
44 comments
kh-tuna
·7 months agoHi everyone,
Due to the age of this thread, it has been closed to further replies. Please feel free to start a new thread if you wish to continue to discuss this topic.
Thank you for understanding.
tarotfindsandmore
·7 months agoYou can sell any item you purchased legally from an authorized wholesaler/retailer. The First Sale Doctrine is relevant to copyright law. It has nothing to do with item condition. You may get a ding for using pics that belong to Papyrus because the artwork for their advertising is owned by them, and you are violating copyright when you use it without their permission (and they care), but you can sell any physical item you've purchased legally, in any condition. The issue of item condition (new/used/pre-owned) is wholly irrelevant to the law.
https://www.justice.gov/archives/jm/criminal-resource-manual-1854-copyright-infringement-first-sale-doctrine
Just take your own pics (you can quickly and easily scan cards) to avoid any trouble with company. If you receive threats like the quote in your original post, send them the link above.
jklconsolidated
·7 months agoTo be clear, I buy my first brand new ford F150 at 25 years old. I wanted that truck since I was 5. 20 years later, I’m a adult, employed, and I want to buy that ford F150 I dreamed of as a child 5 years later, I’m married with 2 kids. 2 seater truck doesn’t work for me anymore. So, I may be misunderstanding you, I am stuck for eternity with a truck of zero value to me. My only option is to hope that the guys at ford have mercy on me, but the car back, because they are the ones legally able to sell the car. If that sounds like the stupidest bull you ever heard. , then you understand my point
ebeths_eclectic_collectibles
·2 years agoThey can get your listing taken down but they will not ruin your reputation. Only you can ruin your reputation or standing on eBay by ignoring the take downs and relist your items. We lots of posts here by banned sellers that didn’t heed the warning signs when their listings were taken down
simply-the-best-for-you
·2 years agoYou might find tabberone's website helpful. IDK if I can link it here, so just do a search. She has a TON of info on these issues. She's also fought & won, something like 30 big co's VEROs.
There is NOTHING on eBay indicating that NEW can only be used for items in their original distribution chain. Nothing even remotely close to that. The definitions of "NEW" are different by category & can be found here:
https://www.ebay.com/help/selling/listings/creating-managing-listings/item-conditions-category?id=4765&st=3&pos=1&query=Item%20condition%20by%20category&intent=condition&lucenceai=lucenceai&docId=HELP1421
berkshire-bazaar
·2 years agoUnder Consumer Rights Act 2015, any good sourced legitimately can be resold. They cannot stop you
farmalljr
·2 years agoI am really unconcerned with people wanting to whine about my answers. First sale doctrine does not entitle you to sell an item bought at retail, to resell it as "new". Period. eBay does not have rules that specifically say a seller must produce a receipt they find acceptable, for items you have listed either. But if eBay asks, and you can't produce acceptable receipts, your account is gone.
Whine, cry, and argue all you want. This is the way it works here. I don't care if no one likes it, that's how it is. You either accept it and operate knowing those rules, or eventually, you may get banned. It's not my account at risk, so I don't really care at the end of the day. I am offering helpful advice. If you choose to accept it or not, is each reader's concern. I will point and laugh if your account gets banned for not heeding sound advice.
Anyone who has sold here long enough, already knows there are rules and TOS that are not in bold print for all to read. It's just how it is here. eBay does not reveal everything. And sometimes it's a little too late when you learn you have crossed a unknown line. You all do whatever you want. Make sure to come back and whine about getting banned so I can point and laugh at you. You either want to make this a place to sell long term, or you are just looking for the quick buck. Quick buck sellers don't last long here. It's not your sandbox, it's eBay's. Sometimes the right answer is not the one you want to hear.
pjcdn2005
·2 years agoI see. I guess that means that you can’t back up your claim you made in post 21 and that there is no link showing ‘eBay’s definition of new with Vero claims. You’re entitled to your opinion but others are entitled to disagree.
farmalljr
·2 years agoI don't need to back anything up. I am not eBay or one of it's employees. They aren't going to tell you either. You are free to do what you want. until eBay says they want you gone. Its just that simple. I don't really care what other sellers are doing. Other sellers though, may be interested in the knowledge because they want to sell long term.
You on the other hand, just want to argue. You likely also think first sale doctrine allows you to sell anything you want too. I don't really care. Things change. This is not eBay of 20 years ago. Reselling today is not the same as 20 years ago. If people don't want to change, and pay attention to what is going on around them, oh well. At some point you may be removed/banned and will be looking for something else to do. Not my problem. I'm not going to continue to discuss the matter. The simple matter is brand owners do NOT want resellers who they don't authorize, to be selling their "new" products. They have more money then the resellers here, and they have won before the fight even takes place. Laws and courts favor those with the financial means to get what they want.
One thing is for certain, brand owners are doing an awful lot to protect their brands. And, they have every right to do so. Resellers are not the ones invested in the success of a brand. They just want to make money off of it. A reseller is living off the backs of brands. And brands have the absolute right to protect themselves first, above the reseller. In some cases the reseller is absolutely damaging the brand. This leads to brands becoming very strict how their products are sold, to put forth damage control.
mam98031
·2 years ago@farmalljr
" I am not eBay or one of it's employees."
Nor is anyone else that is posting here and I think you know that. You've been around the threads for a long time.
farmalljr
·2 years agoYeah, that's not true either. There are eBay employees who do post here. Some under non eBay names too. I don't care if you don't want to admit it or see that as the truth. It happens. It's eBay's forum, they can do whatever they want. We don't own the forum, eBay does.
mam98031
·2 years agoThere is not a single post on this thread from an Ebay employee and I think you know that.
ALL posts from an Ebay employee are clearly marked with the Ebay logo and the entire post is outlined in blue, which is why some call the posts as blues. Again I think you know that too.
bashort
·2 years agoas far as the argument that has been ongoing since near the beginning of ebay of what is "new" the answer in most cases is whatever the buyer thinks, if you have a pristine widget where warranty is not usually as issue from the gray market you will likely have less problems from that than a widget with distressed packaging that came from a legitimate wholesaler.
It is all about managing buyer expectations.
bashort
·2 years ago"Can any company stop me from selling their products on eBay"
Probably
You have the legal right to resell anything that you obtained legally.
ebay has the right to allow or not allow whatever that they to be sold on their site.
Companies that do not want their legitimate items sold or resold on ebay usually stop it with bogus copyright infringement claims that will result in ebay removing the item in question.
magicjohnsonsvariety
·2 years ago^^^^^^^^This is pretty much the jist of it.
First sale allows the sale of anything that is obtained legally, but companies bend the rules and can claim just about anything they want without merit or justification.
The law supports consumers rights to sell anything we want...Unfortunetely, this right only applies to selling direct without a 3rd party involved.
evry1nositswindy
·2 years agohttps://www.ebay.com/help/policies/listing-policies/selling-policies/vero-policy?id=4349&st=3&pos=1&query=Verified%20Rights%20Owner%20(VeRO)%20policy&intent=Vero&lucenceai=lucenceai&docId=HELP1276
soh.maryl
·2 years agoSo you have never heard of VERO? You might want to make yourself acquainted with it.
hunter-212
·2 years agoI received about 2k Papyrus cards received in a pallet purchase from Target. I listed all of them on eBay with pics that I got from Target and Papyrus (some are pics I took as well). I just received a message from someone claiming to be the "LP Partner for Papyrus/American Greetings", and he is asking for Proof of Purchase? The cards are not manifested on the pallet purchase. Any insights on this type of an issue?
kensgiftshop
·2 years agoCan you ship greeting cards Media Mali?
The problem is probably because you listed them as new.
ebeths_eclectic_collectibles
·2 years agoNot sure what others have to say but I am thinking you do not need to be concerned until you get official notification from ebay.
lacemaker3
·2 years ago@raduga-us
I can see 2 listings for skin cream or face cream in your store.
Some skin care companies do not honor their warranty unless the item was purchased from an authorized retailer, and that your can't call their items "new" if they don't have a valid warranty. So basically, they won't let you sell their product as "new" unless you are an authorized reseller, and are selling it with the warranty. Because eBay won't allow the sale of used skin care products, this effectively means that you can't sell those products on eBay unless you are an authorized reseller.
An end user licensing agreement (EULA) has nothing to do with this. It's irrelevant in this situation.
farmalljr
·2 years agoTHIS is your answer @raduga-us .
In MOST cases a seller runs into trouble selling something as "new". Like it or not, an item is NOT new once it leaves the chain of custody from a store or distributor. Doesn't matter if the package is unopened, the chain of custody is broken. It's not new anymore, as far as the brand owner is concerned. GoPro is a good one that will pursue you for selling their stuff as "new". You have to be authorized to do that.
bashort
·2 years agoThat may be your definition of "new" but it is not ebay's definition of new.
mam98031
·2 years agoNor mine. I buy stuff from a wholesaler and sell it as new all the time, because it is new.
farmalljr
·2 years agoNo, that IS eBays definition when they get a VeRO request. You just have not been slapped enough by eBay to learn that yet. If no one complains, then sure, you can get away with it.
All I can say is, you better know what to sell. Because if you don't, brand owners are happy to slap you with a VeRO and watch you get your account bounced.
mam98031
·2 years agoI ONLY sell new items, purchased from a Wholesaler. So what you said is not true for all sellers. It will depend on the products being sold.
farmalljr
·2 years agoMOST sellers here are not buying from a wholesaler, wouldn't you agree? The OP did not indicate they were buying from a wholesaler either. So what makes you think my response had anything to do with people doing reselling right?
The vast majority of seller here are not buying wholesale or manufacture direct. Which is exactly why we see so many threads from banned sellers about producing receipts for eBay.
mam98031
·2 years agoIDK, I make no assumption that I know how most sellers operate their business or source their inventory. Certainly highly likely that casual sellers do not do this just by the nature of this type of seller. But there are lots of small sellers that do purchase or even drop ship from a wholesaler.
The OP also did not say if they didn't purchase from a wholesaler, it is something you are assuming. Likely correct, but still an assumption.
Unless a seller is making their items they sell, they purchase them elsewhere or source them from their closets for the purposes to resell the items.
We see some threads from sellers that have been banned for various reasons. Certainly not all of them because of where they have sourced their products or for a lack of receipts. Some are but some are not, there are other reasons to get banned.
But yes, proof of purchase can be key when selling brand name items as new or even used.
pjcdn2005
·2 years agoPlease show me where eBay gives that definition. I have never seen any indication from them that the Vero was not have gone through if the item has been listed as preowned.. If a company files under the VERO program, ebay removes the listing regardless of its new or used status.
bashort
·2 years agoexactly
toomuchstuffagain35
·2 years agoPlus the law firm trolls often claim a Vero for counterfeits, which is actually against the intent of the DMCA but ebay allows it and there's pretty much no defence.
bashort
·2 years agoso it is ok to sell counterfeit items as long as they are "used"
bashort
·2 years agoThe ebay definition of new says nothing about chain of custody, being sold at retail ect, that being said the way that I operate is that the items that I purchase from a wholesaler I sell as item condition new, the items that I get from the secondary market that have never been used I sell as open box.
It is likely true that selling secondary market items as "new" does make it more likely to attract the attention of a manufacturer however the vero rules are actually the same for new and used items.
toomuchstuffagain35
·2 years agoThe same Vero "rules" which are often abused by companies or their agents.
mam98031
·2 years agoYes they can. Especially if you are selling knock offs. But that isn't the only reason.
FYI Etsy has moved far beyond just stuff made by the sellers.
It would likely be easier to help you if we knew what it was that you wanted to list.
chapeau-noir
·2 years agoSame with Etsy.
Generally the first sale doctrine holds, yes, but as said upthread, it's not universal, as some companies limit reselling of their products, or who or how their products are sold. No one is going to 'ruin' your rep on eBay, but they may file through VeRO or other means. It would help to know what the product is.
I went through this with Beats headphones and something else (I forget).
raduga-us
OP2 years agoIn that case they had to be provided with an EULA for every purchase of their product?
chapeau-noir
·2 years agoEULA is generally for software and digital products. You mentioned 'cream'. All I can say is that some companies will engage in take-down of their products from resellers unless, for example, they are authorised resellers. IIRC, Apple is one such company. I ran into this with Rosetta Stone, as well. They exercise legal authority and, whether we agree or not (I disagreed), eBay will disallow those listings and take them down. If one relists them, one can get suspended for a period of time.
There is also control of trademarks - Swarovski and Velcro for instance.
ETA: It seems that this is often unevenly enforced, but a lot has to do with brand image control.
albertabrightalberta
·2 years ago@raduga-us
Companies can rightly report your unauthorized use of their copyrighted stock photos.
For example, for your Geox Falina sneakers, whether the pictures are Geox or Zappos, both sites have legal terms stating that their intellectual property is their own.
You haven't mentioned which item is being questioned, but it's not just a matter of reselling. They need to protect their intellectual property.
raduga-us
OP2 years agoOf course, I understand. I don't completely agree, but I understand.
Photos of the product I was asking about: I provided my own photos of the product.
The other point. Ok, I am not allowed to sell the new products, but can I sell the used products of this company? Used clothes? or they can also prohibit it?
ckimodog
·2 years ago@raduga-us
Yes, they most certainly can.
raduga-us
OP2 years agoSo if I got their product as a gift, but I don't need it, I can't sell it on eBay?
slippinjimmy
·2 years ago"can" they? Absolutely they "can".
Can they legally? Depends on the situation, the company and the items.
Without a lot more details I would go with yes they can. I'd also add that if they were to do this without legitimate reasons YOU can turn around sue them.
The First-sale doctrine is not universal, while it protects the right to resell, that right is not unlimited.
https://en.wikipedia.org/wiki/First-sale_doctrine
raduga-us
OP2 years agoI have only one of their products (not one title, but really one piece - one cream). Searching for this product on eBay gives >500 results. Should all of the sellers remove the products of that company too?
I found on the Internet the lawyer's comment:
"The general rule is that when you purchase something, it's rightfully yours to do what you want with it, in some instances a company may be able to prevent the resell of a product. Notably, when you purchase a product it may come with a EULA agreement, which can sometimes regulate the rights that an End User has to resell a product. The restriction on resale is most commonly found in digital media, such as music or movies..." So they had to be provided with an EULA for every purchase of their product?