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? 

[postingid2017]

@dealsagent - I second what @gracieallen01 said - unless it was sent via Certified Mail/RRR and or the message through eBay has your legal name, I would not delete it, but keep it.  And yes, it should be a Cease and Desists in the Re:

[siayan]

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@woodyscollectibles wrote:
What a joke. Sounds like your taking away from someones local sales in your area. Put the letter in your shreader and continue to sell. We owned a lighting store back in the 80's & 90's and when we bought so much from some of the companys they would not sell to any other stores with in a 20 mile radius. That worked out great because people had to come to us to get the product. Today that would be impossible because of sales through places like Ebay. Take heating & cooling. My dad owned his own business and was licensed to install. Your not allowed to go in to a dealer and buy without a license. You can not go to Home Depot, Menards, etc and buy there either. They will sell you a unit as long as a licensed installer is involved but today you can get online and buy anything you need. It has changed so much for alot of people. He's just upset because your taking away sales from him. I say good for you and sell more. His threats are worhless. It's not worth arguing with him by sending letters or threats his way. Just continue to sell. Merry X-mas & Happy Holidays..............Woody

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Some manufactures keep a close tab on where thier items go. Stihl will only sell chainsaws to dealers who sell locally. I think any one who buys from them are required to give a safety course or something. If someone sells new stihl chain saws on eBay they try to stop them. But the only recourse is to find the dealer who bought them, not necessarily the eBay seller.

I see there is a seller in Ukraine selling them now.

[alternativetradecorporation4]

Sell, Sell Sell Billy ray. Don't worry about it.

[honestabe411]

Block and ignore.

[chuck-r]

If it's a new item, I can see where they might have recourse against you. Does the listing say it's used? I don't see that as being a problem. Just relist the item as used. If you bought it, never opened it, you can call it "used but never opened".

[femmefan1946]

@a_c_green

Good point.

When I sold woodstoves for DIY installation, we would handwrite on each invoice "Installation requires Municipal Building inspection. Not having the installation inspected may mean your house insurance is invalid." and initial it.

[woodyscollectibles]

What do you think people are going to do once they buy it. There going to install it. You can buy everything at a builders store and if they don't have it they can order it. The only items they will not sell you with out a mechanical license are a Furnace & AC unit. That's why so many people turn to online buying of these units. You don't need a license for anything else period. As far as the electrical work you did you have to pull a permit before you do the work not after. If you call them after you do the work you pay more as it would be an after the fact permit. They are talking about a pool motor. You do not need to be licensed to switch out a pool motor. What they don't want is people installing them with out getting permits because there not getting grounded properly hence the permit. However you do not need a license to sell pool pump motors. The only item your suppose to be licensed to buy is heating & cooling but that is out the window today because of online selling of the units.

[woodyscollectibles]

Agian this is why everyone turns to online buying. Nothing is safe anymore. The manufactures can not stop the online sales. Impossible...........It's all for sale now.

[woodyscollectibles]

Why? Call it new. You don't need a license to sell it..........Wow

[woodyscollectibles]

No.........They can not stop you from selling these units. You do not need a license to sell them. Leave your listing as new. It's unopened and new so list it as new. .......

[dealsagent]

it just sold
too bad for them, good for me

[thatsallfolks]

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@dealsagent wrote:

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? 

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@dealsagent

Was this actually a letter, or an email, or an eBay message?

[dealsagent]

ebay message

[dealsagent]

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?

[thallidguy]

From your last post, I infer that this is a one-off for you. Did you get it as a gift or buy it retail? If so, then the First Sale Doctrine would seem to apply here and you have every right to sell it on eBay. Even if the manufacturer wanted to restrict sale of their products, they have no legal right to come down on sellers in the second-hand market who acquired those products legitimately.