manufacturer threatening legal action

[dealsagent]

A person sent me a threatning letter claiming to be a rep from the company of an item I am selling. They explain that I am not legally authorized to sell the item on ebay without manufacturere concent. It's just a pool motor and I used my own images. Is this legitimate? is there restricted brands? 

[chrysylys]

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@dealsagent wrote:


So he's saying I can't even use the name of the company. Is this America?

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Welcome to the land of trademarks, copyrights, brand logos, the Digital Millenium Copyright Act and lawyers.

[7606dennis]

As long as you haven't entered into an agreement with the manufacturer as an authorized seller or distributor the manufacturer has no legal power to force you to not resell what you have legally obtained.  Unfortunately, some companies do misuse the VERO program to bully sellers into not selling what they are legally allowed to sell.  Those need to be dealt with according to procedure.

In this case it appears that, although claiming to represent the company, there is a good chance that they do not.  While I definitely wouldn't recommend re-listing after a VERO take down without first following the correct procedure in challenging the action, unless I got something more official in writing on the company's letterhead and signed by someone that can be proven to represent the company I would ignore the message. 

Is this letter represented to be from a company lawyer?

[siayan]

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@dealsagent wrote:
The message:
"This is [name of person] of x Industry. Who gave you the legal right to sell our product on ebay without Manufacture Consent? You are not legally allowed the use of the name (x Industry) or to sell our products without legal consent from us (x Industry). You need to take this item off ebay or face legal action!

I'll wait for your response.

[name] (x Industry)"

So he's saying I can't even use the name of the company. Is this America?

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The funny thing about it is that the maker of the motor is probably just your basic chinese manufacture. Can't find much about the company at all. If it was me I would play along for a while and poke the dog but I am retired and look for silly things to occupy my time.

[a_c_green]

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@dealsagent wrote:
The message:
[...]
So he's saying I can't even use the name of the company. Is this America?

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In his case, apparently not.  That message is completely ridiculous, and clearly not from anyone with legal (or even business) training, just a honked-off competitor. Ignore it.

[thatsallfolks]

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@dealsagent wrote:
The message:
"This is [name of person] of x Industry. Who gave you the legal right to sell our product on ebay without Manufacture Consent? You are not legally allowed the use of the name (x Industry) or to sell our products without legal consent from us (x Industry). You need to take this item off ebay or face legal action!

I'll wait for your response.

[name] (x Industry)"

So he's saying I can't even use the name of the company. Is this America?

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I wouldn’t be inclined to respond, but if I were, I’d tell him that the US Supreme Court gave me the right, and any attempt to interfere with my sale of something I own will result in a counter-suit, so he should have his lawyer explain why I don’t need permission.

And is block him. And since he’s provided his name and company, I’d do some research.

[18704d]

That doesn't sound like any legal phrasing I've ever heard in my life.

I'd block and totally ignore it.

Lynn

[duggmills]

I recall saying something along the lines of;

"Tangible items you own, something other than a software program, you can sell."

That's all folks!