JADE YOGA MAT Resales Legal Issues

[gables_94]

Hello eBay community,  I have recently tried to Sell a Brand new factory label wrap sealed Jade Yoga Mat , I was not successful in selling it and didn't relisted it 

I have received an Cease&Desist letter from Jade industries Inc. Asking me to stop trying to sell their products ...1 product in this case that I legally own as I purchased it , Claiming Trademark legal issues ,

Just a heads up for Anybody who will Try and Sell JADE YOGA MERCHANDISE in the future 

Be well & Prosper  !!

[mtgraves7984]

I knew there were strict VERO rules. You're the first I've heard of to receive a 'Cease and Desist'... usually the listings are just pulled down and you're not allowed to relist them. Interesting. Thanks for sharing.

[maxine*j]

You have every right to sell it under the first sale doctrine, long- and well-established in commerical law in the United States, and codified at 17 U.S.C. § 109(a). 

Of course, eBay is run almost entirely by bots, and if you try to re-list you'll come to grief, and your appeal will fall on deaf bot ears or those of an entirely clueless eBay CS rep.   It's really a blinking shame that Jade Yoga will get away with this, though, and I'm sorry this happened to you.

--

[simba6]

Did eBay remove the listing ?  If not, it's just a " bully " letter and they have no way to make you remove it.

[maxine*j]

---

@simba6 wrote:

Did eBay remove the listing ?  If not, it's just a " bully " letter and they have no way to make you remove it.

---

Ah!  Good point!   I assumed it was a VeRO-based eBay take-down (though an improper one). 

--

[vintage-car-magazines]

How did you received the letter? 

[farmalljr]

Here is something to consider:

GoPro is also a company that will go after you for selling their NEW items. You can't sell any GoPro stuff as NEW, unless you are an authorized distributor, because you CAN'T honor the warranty. 

This MAY be the same reason this company has send you a cease and desist. 

HOWEVER, if you list is as open box, you are not selling it as "NEW" and would not be liable to take care of warranty claims. Hence, they have no claims against you.

[gablm]

Yes, that's what I figured , I listed it as New...well because it is , they offered to buy it back in the letter, 

Thanks 

[gablm]

In the Mail box , it has 3 pages where they explain trade mark ownership,  secondarry sites where is not permitted for resale also include Amazon ...

[gablm]

Listing was not pulled down, was an auction and after 3 free relistings  it just expired , I forgot to re list for about 2 weeks...then the letter arrived,  to my surprise 

[gablm]

Funny thing , My wife is a certified Health Coach for the last 11 years , graduated at Emory...then she took lessons to be a Yoga instructor from the Best in the USA 12 years ago , one of them is Shana The Ambasador for Manduka,  LOL ...so they just Hit the wrong person

[gablm]

Ebay did not remove the item , no remove message from them, I would have complied of course

[gablm]

also my wife is Full  VEGAN ,lol ,  and knows everybody who is Somebody and run Yoga studios in Atlanta...Like Good Friends ....  just Imagine how much Jade Yoga mats Gossip is going on over A Crispy spring Salad and a Smoothie on the Open terraces , that's just the extra advertising they needed on top of their low add views on YouTube 

[vintage-car-magazines]

---

@gablm wrote:

In the Mail box , it has 3 pages where they explain trade mark ownership,  secondarry sites where is not permitted for resale also include Amazon ...

---

How did they get your address?