selling brand without permission

Question

hello your seller is selling my brand under their ebay account which is not permitted to sell any merchandise for urban beats radio ii or shonellis music entertainment LLC. I will further have my attorney to contact ebay and the seller this week to cease and dissist all sales up under this company name immediately, legal action will pursued immediately. thank you!

maxine*j · Accepted Answer

@ckimodog wrote:@Anonymous Sorry for your situation. Don't take that notice lightly. You are not an authorized dealer. Find out what you have to do next. OP is the one threatening the action, not the recipient of the threat. OP is the one claiming his legal counsel will be acting on his behalf against eBay and against an eBay seller (whose identity was removed from the post by the mods). - -

retro_entertainment_collectibles · Answer

@Anonymous wrote:
hello your seller is selling my brand under their ebay account which is not permitted to sell any merchandise for urban beats radio ii or shonellis music entertainment LLC. I will further have my attorney to contact ebay and the seller this week to cease and dissist all sales up under this company name immediately, legal action will pursued immediately. thank you!

First off ya' never telegraph such matters, secondly unless you happen to have filed Trademark(s) or Copyright(s) vs implied rights there's not a whole lot of recourse.

Does bring up an interesting aspect however. Now I've not read the current state of the "Shop Safe Act" but the original legislation was crazy brains! For example, the term "Onesies" is Trademarked by Gerber inc. just as "Beats" is likely trademark by Dre, under the original legislation companies could go after online points of sale where those terms are used as point of verbage towards sales. The concept I presume targeted at counterfeit merchandise whereby using say "Onesies" or "Beats" (presuming Beats is Trademarked) fool a consumer potentially into thinking said product has association.

Think about that, completely crazy.

ckimodog · Answer

@Anonymous Sorry for your situation. Don't take that notice lightly. You are not an authorized dealer. Find out what you have to do next.

the_fancy_fox · Answer

I suggest you read the first sale doctrine.

maxine*j · Answer

Instruct your lawyer to do the work to make you a part of the VeRO (Verified Rights Owner) Program on eBay. If he knows enough to represent you in an intellectual property rights dispute, he must surely know about VeRO. If not, you might seek other legal counsel.

Remember, of course, that the First Sale Doctrine is well established in law, so if someone bought your merchandise for personal use and then later decided to sell it, he has the perfect right to do so. I'm sure your lawyer has explained that to you. If not, you might seek other legal counsel.

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dryophelia · Answer

@Anonymous Here is the link to eBayâ€™s VeRO program. There is a link within that for you to become a VeRO member. Your attorney will need that information.

inhawaii · Answer

Yes please have your attorney contact ebay.

janet9988 · Answer

Your post will just be blowing in the wind. People who buy your item are allowed to sell it if they no longer want it.

nobody*s_perfect · Answer

He doesn't need your permission to re-sell merchandise that he acquired legitimately such as a used T-shirt. https://en.wikipedia.org/wiki/First-sale_doctrine

pburn · Answer

@Anonymous

You've posted on a peer-to-peer discussion board, made up of the general membership of eBay buyers and sellers. Generally speaking, no one participating on this board is employed by eBay.

You might try taking this issue up with the person who is actually listing the items you've mentioned, or pursue whatever legal remedy is available to you.

Good luck to you.