Once the item is sold, it belongs to the person who bought it. If the person decides to rip it apart right after, burn it, throw it in a hole and pour cement over it or sell it to someone else, that's their right. These companies are crazy.
Unless you are Ferrari. Apparently, you can’t repaint or wrap a Ferrari without being either sued or black listed. I don’t own one, never will, but many owners had letters from Ferrari and never allowed to buy a brand new Ferrari again. I don’t have proof of that, but there are a lot of people making noise about that. It’s kind of funny and sad at the same time.
@@Slurgical_3D_Terrain_Channel yes. Because here in europe having a company is like having a monopol license to do something. You open a dealership selling used Ferrari and it will (unlessed licensed by Ferrari) burst in flames one day.
@@Slurgical_3D_Terrain_Channel That's Europe for you. Perhaps in Italy, but not here. You can say what ever you want in a contract. That doesn't make it legal, and/or legal EVERYWHERE.
To put it in perspective for people agreeing with the cease and desist: How would you feel if you couldn't say the word Chevrolet when trying to sell your used car? "What kind of car are you selling?" "I'm not allowed to say." "Do you have pictures of it?" "No, that violates their trademark."
@@tayfan2 *Blame the counterfeiters* They're not the ones goi9ng after people not actually counterfeiting, or selling counterfeit goods, so no, I'll blame the company sennding abusive C&Ds. What kind of logic is that, blame someone else because a person who chooses how to react chooses to overract? No, fuck that shit. We should expect people to USE THEIR BRAINS, and then BLAME the ONES WHO DIDN'T when their decision causes problem.
The companies that think that resellers are ruining their business are ridiculous. It is like saying the used car sellers are putting new car sellers out of business. The people that are buying products from eBay never intended to purchase them at full price anyway....
It depends. Like for example when the scalpers decided to horde all these PS5 and Xbox series x during when they first came out that was complete bulshit. That was completely selfish.
They're not wrong they make less money, as do car companies by not having primary sales. Thankfully the government isn't designed to protect corporations from secondhand sales.
Big Brand needs to focus their energy on shutting down all the counterfeiters out there instead of putting the squeeze on Resellers who are trying to earn a living legitimately
They can only protect their Trademark if you are "advertising" their product. The C & D letter is a bullying tactic, nothing more. If , and I mean "IF" they dragged anyone into a courtroom, and as we all know that hasnt happened (and it wont) , they have to prove that you, me or anyone else was "Advertising" their product. And a sell or resell is not advertising their product. I have worked for a Judge for 25 yrs and I am not an Atty. I am telling you, they are bullying , and EBAY is allowing it. I dare them to take me to court, they will lose and they know it, it would cost them way to much. EBAY should stop removing items because EBay doesnt own the items!
And this is why they go over the small guys...... Sure it may not standup eventually in court, but you have to get there first, and you'll end up spedning time and/or money doing it just to defend yourself, while the company with the trademark has legal counsel on payroll and the cost of filing is chumpchange for them.
If you own the product you can advertise it for what it is. If they put their trademark on an item that you own, then you can advertise it. Trademarks protect them from having other people PRODUCE their trademark.
This is minor but, if resellers were not in the game how many hundreds of thousands of pounds of perfectly good items would end up in the landfill or our oceans? I buy 90% of my items second hand because of this very issue. Our planet needs resellers!
i remember when i worked in a retail store and i got something on sale and planned to resell it and it had the store brand on it and it was like a one time item too, well someone told the manager and i got called in and got told i could not do that, and i said why not, because it had are brand on it, pulled out my phone and show him over 10k of listing with just that name alone, the next reason was you can't be selling are stock, my reply to that is 'who owns it me or you' in the end it belongs to me, i paid for it and walk out the door, so any rights you have to, is gone and its no longer yours and i can do what i what with my item. walk out and never got question again
You are 100% right and this is escalating and can soon become a big problem. I am a vinyl record retailer with a eBay store. I purchase records wholesale from legitimate distributors and have had 2 violations because the artist won't let me use their name in the listing. I contacted the first one to get approval, but no response. It is abusive and absolutely ridiculous.
Why eBay, or any platform, allows corporations to whittle away at the First Sale Doctrine is baffling to me. It truly seems exceptionally short-sighted.
I used an Iwalk last year when recovering from a foot surgery. Paid about $165 new. Great find for someone on the second hand market. (Can’t imagine if I was prevented to resell if I wanted). I bought a knee scooter used for less than I could rent one for the couple months I needed it. Keeping everything to lend out to any family or friends who might need it in the future.
1000% agree with everything you said. All these reseller sites need to fight for us resellers or they won't have a business either. It seems they just give up without a fight. They need to realize how much money they are losing by taking stuff down.
eBay seems to be colluding with the corporations. They made VERO a power block for the corporations. And then they leveraged that fiasco into their authentication sideline. Crooked business practices. They probably make deals with them at cocktail parties.
Yup, I would just send them a reply basically saying "I can sell whatever I buy legally. "If you continue to harrass me concerning this issue I will see you in small claims court for harassments and a negligent cease and desist order!"
I 💯 agree with you, Kevin. If we purchased it, no Matter if it's new with tags or used, we have the right to resell. Anyone who disagrees with that has lost their minds. To me, their like sheep who follow whoever!
Selling used items can arguably benefit the brands. It helps create a market below the new items, which justifies higher prices for the items they sell.
If someone buys a product, then sell it in their yard/garage sale it belongs to them, then they sell it to you, you HAVE THE RIGHT TO SELL ON THE ENTERNET.
I am thinking of selling a used car, which was used when I bought it, could this idea of companies not wanting someone use their name be transferred over to EVERYTHING? Ridiculous! I agree with you🤦🏻
What Disney did was crack down on passholders who were buying mass quantities with their discount for reselling purposes. The pass keeps track of their purchases so they can tell if someone is buying to resell usually. They didn’t go after reselling sites.
True. Scare tactics used by lawyers to get what a client wants on the cheap. Any lawyer will confirm. Must initiate court proceedings to be taken seriously tbh. ✌️☘️🍻
I have done some research, and it's frowned upon by the bar association for lawyers to do this to resellers when there no proof of counterfeiting. So, this is so much bull. Commonwealth picker and others should flood the phone lines with calls demanding an explanation, and why not threaten to take these complaints to the bar??? Americans need to grow a pair and stop throwing our rights away.
strength in numbers. We need an organization with attorneys to back us to make these people follow the first sale doctrine before they put us all out of business !
@@debk3135 Better Business Bureau is simply a reporting mechanism and a rather cheesy one at that, not what they used to be pre-internet. Might get the EFF (Electronic Frontier Foundation) to listen up if they haven't already. I'm sure they well aware of the proposed Shop Safe Act and these brewing issues. Whether within their charter or they care touch it would be the question. Other than them I'm unaware of any legal entities who do such matters outside individual cases and most don't care touch any of it. In some ways its like being "INC'd" as its called in legal realms. That's when someone incorporates in same state as some thriving small business. Since incorporation Trumps, DBA's etc the entity either attempts extort money or turns around to court and whomever the small business has to change or get rid of everything associated with the newly incorporated name. All this stuff is tiered and that's the problem. Lets say for example I've a hat company and that company has arrangements with authorized retailers and online authorized retailers. These are contractual and often have sales domains, so in other words you're an authorized reseller of my hats and you've PAID ME to have exclusivity of Say West Coast Domain, California, Oregon, Washington State. No other dealers are to sell my hats in those state but you. So up pops Joe/sephine Q Public selling my brand hats within you're paid for domain. Your loosing money, I've got a contract problem with you and yea, my legal arm or subcontract legal arms is going to push and cease and desist letter as that's first action, written notification to a marketplace or the seller. Now if I ignore it and dont legally respond to the claimant they have several more courses of action. Business to business the legal firm will seek more data basically collecting evidence. So if I get cease and desist generated through Bonanza its quite likely they've been at eBay and elsewhere collecting evidence, they might not inform eBay at all, why would they? In fact, beginning at a small place like Bonanza make's more sense. They gather their evidence, sellers been notified of a copyright or trademark warning and not complied at say eBay. Law firm doesn't need communicate to eBay, point of sale its the sellers responsibility to remove whatever potentially infringing items from all points of sale. Its the rights holder legal representatives to gather up evidence of non-compliance. Now usually these law firms will then file with State Attorney General(s) both in their state and that of the seller. State AG's can go at things in variety of ways. Usually one of two ways. The AG in the rights holders state is specific towards the rights holders complain however they can encourage the AG in the sellers state to seek out other alleged improprieties based on evidence gathered already. For example, where there is claim of one copyright infringement likely others. If the AG in the sellers state locates believes other problems exist they will go further, that's their job. The range of what the AG in a seller state may look at or gather evidence against can be very broad band. For example, predatory business practices, sale of other goods potentially illegal, dont meet Warrants of Merchantability, require sourcing receipt of all items. They can service injunction essentially shutting a sellers business down completely pending investigation. Seizure of items, code enforcement on and on can come into play. This is why its best to just comply, move on. Once things move into State authorities they are legally bound to pursue it especially if something such as copyright is violated, in other words actual law broken. Trademark matters that are emerging online are a new mechanism by which rights holders are working to create a wall safeguarding their brands and money (revenues). And they do this in vague wording intentionally as they are also wanting avoid liability of wrongful accusation and actions. I've said this before on this channel. Read the proposed Shop Safe Act of 2021 then read the proposed Shop Safe Act of 2023. The 2021 versioning clearly shows it's teeth, its essentially wipe out points of sale by fining them for any listings using a Trademark or Trademark Terminology as matter of law, not complaint. The 2023 version is so VERY vague and has "counterfeit" everyplace in the proposal it APPEARS to be a COMPLETELY NEW targeting in the proposed trademark amendment legislation. Yet is so vague that it will SURELY have article to amend it once it become law. Yet, the signals are still there. For example, rights holders complain about trademark infringement of a listing and that becomes a "Strike" against a sellers account, three strikes the point of sale must permanently suspend the sellers account. In fact, it can result in suspension across all online marketplaces points of sale. Now if a seller is selling counterfeits same happens now, suspended. Points of sale suspend, no three strikes rule across an unknown and thus apparently infinite period of time. Anyone can read between the lines... Rights holders complain and there is a strike. There is NO WORDING about rights holders needing PROVE inauthentic items not mechanisms to whereby sellers CAN PROVE its legitimate. There is essentially NO WAY SELLERS CAN DEFEND against wrongful claim. Gonna send a hat to the rights holder to authenticate and trust they are honest? Fact they want nothing better than no unauthorized sellers selling their manufactured branded merchandise. Even if such mechanisms of authenticity proofs existed how is it handled? Rights holders have six months to authenticate? Who pays for it? THIS IS ALL DISASTER AREA and coming full circle the 2021 Shop Safe Act proposal says it all in as far as intent. Eliminate all unauthorized trademark and trademark terminology from open seller online marketplaces. Kevin sometime back had video whereby he spoke with his Congressional representatives and I've done same since I was made aware of this proposed amendment to Trademark Law. EVERY SELLER needs to be contacting their Congressional representatives and/or Federal Senators offices to complain and get answers. The only way I see that legislative changes don't occur is when millions of sellers, their families, friends, shoppers blow up on social media keeping pressure on legislators to NOT allow for said trademark amendment and the clock is ticking. There are heaps of entities wanting The Shop Safe Act passed this year and they are mounting.
If I continue to grow this business I am absolutely keeping a lawyer on retainer to deal with these companies. They honestly just tick me off and they need to be counter sued for what they are doing.
Thank you, Kevin, for all you do for our community! Why are people worried about your business decisions? 😂🤣 They watch YOUR videos yet have no faith in you. Silly folks out here are always poking their heads into others' houses while theirs is a mess.
I found you through your last video like this when it showed up on my feed randomly. I made a purchase to support you. I could not have been happier. You keep doing you. Resellers are an important part of the business chain.
I got a letter of cease and desists. They claimed I purchased their product from their manufacturer. I told they I purchased their products from a retailer and have receipts to show I paid full price. They said ok you can sell out that product and that’s it.
You can buy more and sell more. If they have an agreement with the retailer to not sell to liquidators, then that is an agreement between 2 third parties that doesn't involve you.
First sale doctorine applies even to just media thats under copyright. Physical items typically aren't protected by copyright, they could be protected by patents but there as well if it was made originally under license theres nothing they can actually legally do. Edit: books publishers and such sure have tried!
Love finding cool hats like the lakers one you showed! I found a 90’s 76ers hat that the fresh prince used to wear in the show. Sold in 24 hours for $90. Thanks for all the education!
I just last night had a post to a Facebook Group removed, with the claim that "we don't allow content that infringes on someone else's trademark rights." 🤷 All I had done was posted my own photos of some Tods shoes I found at a thrift store and was asking the group if they would sell on the condition they were in. The whole point of the group is sharing knowledge. I wasn't selling the shoes on the group. Can we not mention brand names on writing now without Big Brother flagging our accounts?
I ditched bonanza well over a year ago because I got 1 from a European company that claimed my American made product violated their copyright. There are numerous companies that make that type of product. I even verified that the brand I was selling was a legit brand sold at every major retailer. There was no way to fight it and considering I had more problems than sales on bonanza, it wasn't worth it.
Ebay sellers need to file a class action suit against manufacturers for cease and desist letters. Sellers buy items or have items purchased for reselling. Items are in legal possession of items and ownership. Therefore, one as a seller should have the right to resell items purchased. Sellers are not duplicating or manufacturing their trademark or copyright products.
Totally agree with everything you said. If I purchase a product that isn't a knockoff I have every right to use the name of the product when I sell it. That would be like selling your car and not being able to put the word Dodge, Oldsbmobile, or Chevy in the ad for the car!
I got a letter. I create and design terrain for tabletop games. I don’t copy those designs from any brand. But in the tags, I mentioned a list of games and categories my terrain can be used for. I got warning to remove the search tag of that company. If someone search 40k or Warhammer(that is the company that sent the letter), it’s the same as if you said compatible with Dungeon & Dragon. I also mentioned, Star Wars Legion and other game platforms. if you look at the terrain I designed, none of it is even remotely similar to any or their product. It simple scaled to the format to make it playable for those games.
I'm not sure you mentioned this but I believe that many of these "cease and desist" deals may come from Law firms that "specialize" in that type of thing. They can contract to send these out and then file lawsuits and cash in on what they collect. The company may be unaware of what they do.
I buy stuff from bargan bin stores that sells returns and overstock from Amazon since Amazon has an air hub here in Rockford Illinois they also have an warehouse / print on demand operation in an former Burgner's Dis. center that was closed. Amazon sells pallets of their returns and overstock items and the bargan bin stores started to pop up to sell the items and it's an deal for both budget minded people and resellers. I am an budget minded person.
Also I had 1 a law firm for a supplement over a year ago, I responded with my supplier info and they thanked me which was the end of it. Regarding Velcro, I've had 2 listed with no issues however I have up close photos that show they are legit made by Velcro. One is a spool of Velcro and the other is a kids watch with Velcro and since it's in the packaging, I can prove it. I honestly listed them as an experiment to see if velcro would take them down and they never did. It's been 2 years more.
You are exactly correct Kevin....Once you buy something it is your private property. It would be the same as if I bought, for example, a Subaru automobile, and went to sell it on FB marketplace, as a Subaru, and Subaru contacted FB and said that I would be sued for trying to sell my own car, that happened to be a Subaru, because I used Subaru in the title! I think anyone who has tried to sell anything second hand, can see that!
Funny thing, several years ago when I first started selling on FB Marketplace they would flag a bunch of name brands as not compliant with FB Business Commerce Policies. The only thing remotely applicable was that it was counterfeit.(but they NEVER specify WHICH policy applies) Brand names included Nike, Adidas, Tommy Hilfiger, etc. Didn't even have to be designer stuff. Every time I got flagged in the appeal message I would rant at them about being second rate to eBay, Mercari etc. 😅😅 Finally they eased up or re-tweaked their AI or something.
You can sell these things at garage sales and you can donate them to thrift shops. I don’t see any rule that states once you are done with a certain item it must be destroyed. If I own it I can do how I please. If thrift shops and flea markets can sell them then there is no legal basis prohibiting resellers to sell it.
I agree with you. On a related note, I experienced my own frustration this week when trying to search for specific branded tools on Ebay and kept coming across, "XYZ Item MADE FOR Dewalt/Mikita/Milwaukee... batteries." Now, to me, they should NOT be able to use the product in their title with their product is NOT that brand. It's misleading. I don't care if it works with that battery. It made it difficult to find the ACTUAL branded tools. I was surprised that kind of stuff wasn't getting flagged/removed. At the very least, I should be able to weed those products out, but adding "OEM" didn't help at all.
Wow where do I start. I was informed years ago from a manager at radio Shack. Their batteries were made by either Duracell or EverReady and Radio Shack had their labels put on them. But what made the R S batteries better was the fact that they kept a lower inventory in the stores so what is sold is fresher then most of the larger retailers. But he told me, yes you could buy a battery and put your name on it and resell it as your brand because once you bought it it is yours to use or re-brand or resell. The deeper problem is our economy right now, so everyone is trying to hold on to what ever to no lose profits, or go out of business. But many companies take this to far, to protect their product sales, or to maybe force another company out of business.
It was probably one of those situations where bonanza got the letter for that company so they just either have staff or an AI system remove things with associated keywords to what got them in trouble from that company in the first place.
If you own it you can resale; federal law supports doing so. Now, if its counterfeit that is difference but a few luxury brands try to go after people for reselling, claiming its counterfeit when its not because they do not want their brand seen as a "discount"
Morning Kevin. Great weekend for yard sales. 10 mile one up here in Maine. I never even was able to hit half of the sales in one day. I need a bigger vehicle 😂
I watched a video a while back, I can't remember who it was, he was given a cease and desist. The company didn't like the idea that he was selling things as "NEW" and didn't want it to appear that he was an authorized dealer. They had no problem with the items he has listed as used. He asked them about becoming an authorized dealer and signed a few papers and became an authorized dealer! I thought that was an interesting take on it!
Yet in New York, shoplifters can sell the items they stole, right in front of the store they stole it from on the side walk. If I find something at a resale shop and decide to resell it, that should be my choice, not the manufacturer. It is not like you sell hundreds of the same item. I would get an attorney.
My wife who sells things we have and things she has been giving from friends and family has had items that are definitely not fake the money frozen and taken back because they claim the items are fakes. I know some of the items they claimed were fakes we bought years ago from target from their clearance area. I really doubt that target was selling fakes of items to people. But the people got their items and now she has to somehow prove that the items were legitimate and not fake reproductions. Like she said she didn't think she made but 4-5 dollars or less on each item so it was almost not worth fighting over. She ended up closing her store and donating a bunch of the stuff instead of dealing with the hassle. She hung on to some more lucrative items for when she finds a better way to sell things. It's just sad that most platforms for selling seem to be junk anymore and not worth the time for little people that dabble.
Sorry this happened to you. It’s getting ridiculous this is how I support my small American family it’s getting out of control. Yeah I live with anxiety/ ptsd and I would have flipped if I got that letter ps new sub thank you I’m learning as I go
The issue is there were big "resellers" that were (and probably is still happening) buying counterfeit merch and selling it as legitimate. The only issue with using a name is using the trademark image. You can display a picture of a TM that is on the object but you can't take it off and use it independently. A company has to defend it's property or they can loose the ability to defend it.
The moment you buy something it becomes private property and you can sell that product how ever you want... It's basically the law.. unless it's fake products and violates copyright
I am seeing Facebook taking down posts, too, on some of the FB sites I buy from. Items that are designer clothing brands or listings that have $ (dollar sign). Algorithms are flagging certain words, etc. I agree with you, it's getting ridiculous.
Totally agree with you. You are not creating and selling something with their namesake on it. Big companies trying to skirt the law and shut down the little guy.
The choice is there to relist on a different platform. It's not good business for the brand to have an item removed. But I think it just has to be addressed fully by all parties for the future of #reselling I totally agree with you Kevin. All trademark and copyright laws are already litigated. So personal sales should not be affected in my opinion...
So what to do if you get a cease and desist? Just ignore it or comply? What if you ignore it and they take you to court but you don't have money for all the legal stuff? Then should you comply if you are financially set to fight it out in court, or are these letters just scare tactics?
I had the same problem with Bonanza and decided to close my account last year. I received at least 3 copyright/trademark violations yet there were no issues on eBay. They were for Goldbug, Thrasher, and Hershey's. All items were used. It wasn't worth the hassle for the little money I made there.
I agree with you that people are confusing counterfeit/vero with the cease and desist letters. I get so many of those on Bonanza and they just pull the listings. It really gets me upset. I have also gotten things on ebay pulled for being counterfeit when they were not, which is another story and impossible to fight ebay about. On another note, in a reseller group a seller's velcro was pulled because she used the word VELCRO and it was a branded package of VELCRO! Sometimes we just can't win.
Some companies just claim that everything from 2nd hand sellers is conterfeit. I have had a number of products flagged by the manufacturer as "counterfeit" when there is no way they could have examined them to tell if they were real or not and i am sure they were not conterfeit. One product my wife purchased new from a particular company and then she decided she didn't want it. She listed it on ebay and the company complained that we were selling counterfeits.
one of my accounts I sell vintage ads - attractive ads from 1900 to now. I have had several taken down from ebay for copyright strikes. Ads! A movie studio, and 2 jewelry manufacturers are the ones that come first to mind. It's free advertising for them, It's totally ridiculous. I really think the company gets bots to scan ebay and then they just pick out some of them without any review from a human.
I commented in your last video that I thought it was because you listed the items as new. Companies can decide who sells their products. Companies can even have their own licensed retailers. This is to protect their product, image, and name. If a consumer purchases a product new, it is under the assumption that it is new, not used, abused, or tampered with and the product purchased would reflect the company or brand. In the case of the baseball cap, New Era has no idea where you got their cap from, how it was handled, if it has been washed, left in the sun, if it is a knock off, etc. Now if you sell it as new, and the stitches fall out, the consumer would think "WOW this brand new hat is falling apart already, New Era is garbage and I'm never buying from a cap from them again." Not to mention if they have a warranty, that could complicate it even more. They have every right to protect their brand. I would just list the items as used to avoid troubles.
This actually makes sense. So just post like new and move on. I can see what you mean. Some companies only allow hand picked places to sale their product it's all about maintaining brand quality.
You know if this kind of junk started happening to me I know I would look for anyway to maneuver around this by selling an item and throwing in the item as questioned for free so they cannot claim that you are selling it. Just food for thought
Where this is headed is eventually you will have to pay a fee to the company that owns the rights to the name in order to be able to resell any vintage item. Either a flat fee or a percentage. And that will include big ticket items like used vehicles. Imagine DC Comics getting 10% of the recent $6 million sale of action Comics #1. That will happen one day.
Exactly. Several of my former favorite brands are now on my "do not buy" list. I no longer rave about them either. I have even found new favorite brands.
I had a similar experience years ago when I listed a Jazz cd that is titled after the trio’s musicians names. The cd wasn’t counterfeit. The cease and desist was worded like I couldn’t use the name of a musician. How do we find out what cannot be used in describing an item? Can artists like Taylor Swift, Phil Collins or Andy Warhol stop people from using their names? Counterfeit products I totally get but……
Those knee walkers are so expensive to buy new and so useful if you have a lower leg injury. I used one when I broke my foot. I saw one of the thrift store but didn't pick it up because I was afraid it would be considered a medical device and not sellable. I didn't have my phone with me to look it up but I guess I should have picked it up!
I myself have run across attorneys who are just "doing" their jobs and costing their clients hours upon hours of billable hours. I had to send a certified letter to both the attorneys and the CEO's office of the company and the letters immediately stopped coming from the law firm. I had shown how they were creating a justification for themselves. (which of course they weren't)
I went to the Pendleton outlet store and purchased some fabric. With every purchase, they give you specific wording you can use to make sure that people don't think that an item you create with Pendleton fabric, and sell, is confused for an item that Pendleton makes. The clerk said they will send a cease and desist if you don't word it properly.
Yeah wild to imagine you couldn't ever *own* anything if they had their way (the lawyers or whoever is sending the letters). Are you supposed to buy the item then ship it back to the company when you are done with it? Are they going to reimburse you money? Lol
You did good research and your take on the law is valid. Keep doing what you're doing and try to remind the auction sites what the law is and is not when you can. Anyone saying that you are wrong or siding with the cease and desist it's either a sycophant, a shill, or an idiot.
I had the same issue, years ago, with Mary Kay cosmetics. I was also issued 2 cease and desist notices, at which point I just gave it up. They claimed complete ownership over the old inventory that I had been purchasing from their vendors who were getting out. They have more lawyers than me, so 🤷♀️. I agree that this is going to not only punish the sellers (who work very hard for their money, by the way), but it will punish people who are looking for a bargain, who are ok with used items, or can’t afford new items from the company. (Remember, the company did already make money on this item). It’s a slippery slope, for sure!
Gotcha' on that stuff. I forgot what it was that I sold many years and years ago, I had an item and Ebay took it down. It's been so many, many years, I forgot what all that it was or exactly what was said. I think it was empty boxes. Yep, empty boxes for something and I think they said I couldn't sell them because it could be a hazard. Yet, I'd sold a few of them previously. Just trying to get rid of them because I knew crafter's could use them for different things. So I get ya. And I totally understand all that you're saying.
TH-cam's algorithm brought me here. So from i get is you bought item(s) making them your property but when you was selling it on sites like ebay the company/brand of the item is staying you can't sell their products (even though its a used item that's legally yours)?
My thought is this. The big companies go after the little guys because most can't afford to take it to court or go all the way to appeal a ruling if necessary. They no the little guy will just roll over because they don't have a choice, don't have the pocketbook to fight it. Only way to stop these big companies from doing this ia for them to start loosing some lawsuits ao it is not worth their time or expense to threaten lawsuits.
When you buy something you own it. When you no longer want it you can sell it, give it away, toss it. If the original company doesn't want you to sell it, then they should buy it back. Can you imagine if the auto industry pulled this. You cannot sell or trade this car ever. Yeah right.
Sooooo......If I buy a Chevrolet Silverado from the dealership and decide that it wasn't what I needed, I couldn't sell it with the Chevrolet name on the truck listing? That's crazy!
Once the item is sold, it belongs to the person who bought it. If the person decides to rip it apart right after, burn it, throw it in a hole and pour cement over it or sell it to someone else, that's their right. These companies are crazy.
Unless you are Ferrari. Apparently, you can’t repaint or wrap a Ferrari without being either sued or black listed. I don’t own one, never will, but many owners had letters from Ferrari and never allowed to buy a brand new Ferrari again. I don’t have proof of that, but there are a lot of people making noise about that. It’s kind of funny and sad at the same time.
@@Slurgical_3D_Terrain_Channel yes. Because here in europe having a company is like having a monopol license to do something. You open a dealership selling used Ferrari and it will (unlessed licensed by Ferrari) burst in flames one day.
@@piotrjeske4599 crappy.
There are some exceptions, but yeah.
@@Slurgical_3D_Terrain_Channel That's Europe for you. Perhaps in Italy, but not here. You can say what ever you want in a contract. That doesn't make it legal, and/or legal EVERYWHERE.
To put it in perspective for people agreeing with the cease and desist: How would you feel if you couldn't say the word Chevrolet when trying to sell your used car? "What kind of car are you selling?" "I'm not allowed to say." "Do you have pictures of it?" "No, that violates their trademark."
I think they are targeting items that can be counterfeited. Blame the counterfeiters. Their actions affect small sellers & reconstruction artists.
You'd end up doing what a lot of people do... using other words, or "It rhymes with kevrolet"
They'll just think it's a Tesla, give you a wink, and refuse to buy it.
@@tayfan2that's just a convenient excuse. As long as the parts are legitimate, the manufacturer has no right to say no.
@@tayfan2 *Blame the counterfeiters*
They're not the ones goi9ng after people not actually counterfeiting, or selling counterfeit goods, so no, I'll blame the company sennding abusive C&Ds.
What kind of logic is that, blame someone else because a person who chooses how to react chooses to overract? No, fuck that shit. We should expect people to USE THEIR BRAINS, and then BLAME the ONES WHO DIDN'T when their decision causes problem.
The companies that think that resellers are ruining their business are ridiculous. It is like saying the used car sellers are putting new car sellers out of business. The people that are buying products from eBay never intended to purchase them at full price anyway....
It depends. Like for example when the scalpers decided to horde all these PS5 and Xbox series x during when they first came out that was complete bulshit. That was completely selfish.
They're not wrong they make less money, as do car companies by not having primary sales. Thankfully the government isn't designed to protect corporations from secondhand sales.
@@krislarsen6546 if people refused to pay scalper prices this wouldn't happen.
Don't give them any ideas. Why do you think we can't import cheap cars from the EU or Japan?
@@krislarsen6546 But legal.
How about all the Thrift Stores (including Salvation Army and Goodwill), who are reselling items donated (given) to them?
Not to mention the overstock stores who bid on and buy 'lots' of product to sell. 🤔
Exactly
Libraries.
And, in the case of Goodwill, making a goodly profit for their corporation off of it.
Goodwill (Greedwil) has probably paid off all the companies or has a large legal team to handle cease and desist letters
Big Brand needs to focus their energy on shutting down all the counterfeiters out there instead of putting the squeeze on Resellers who are trying to earn a living legitimately
It's always the average person who eventually pays/ suffers by criminal's actions. You need to do x because they did y. Growing at leaps n bounds now.
@@Maribeth01 its the real life equivalent of punishing the whole class for the actions of one student in freakin middle school
To them there is no difference.
Most of the knock-offs are made in the same overseas factories they make the licensed products in by the same kids.
They can only protect their Trademark if you are "advertising" their product. The C & D letter is a bullying tactic, nothing more. If , and I mean "IF" they dragged anyone into a courtroom, and as we all know that hasnt happened (and it wont) , they have to prove that you, me or anyone else was "Advertising" their product. And a sell or resell is not advertising their product. I have worked for a Judge for 25 yrs and I am not an Atty. I am telling you, they are bullying , and EBAY is allowing it. I dare them to take me to court, they will lose and they know it, it would cost them way to much. EBAY should stop removing items because EBay doesnt own the items!
And this is why they go over the small guys...... Sure it may not standup eventually in court, but you have to get there first, and you'll end up spedning time and/or money doing it just to defend yourself, while the company with the trademark has legal counsel on payroll and the cost of filing is chumpchange for them.
If you own the product you can advertise it for what it is. If they put their trademark on an item that you own, then you can advertise it. Trademarks protect them from having other people PRODUCE their trademark.
I truly believe that if a group of sellers went after eBay, they could Nail them for bullying.
If I had a brand and people resold items with my brand on it I would consider that free Advertising!
Some brands destroy unsold goods.
This is minor but, if resellers were not in the game how many hundreds of thousands of pounds of perfectly good items would end up in the landfill or our oceans? I buy 90% of my items second hand because of this very issue. Our planet needs resellers!
Only delaying the inevitable. Unless these items magically disappear, they will still end up in landfills/oceans eventually.
Every little bit of effort helps. It’s about changing perspective one person at a time.
Let's talk about how if resellers were not in the game, platforms like ebay would cease to exist.
@@briteeyesnsmile
Excellent point! Ebay should fight this along with you resalers! -- I can still say "Ebay" - right?
Totally, but some brands don't like stuff to be sold under MSRP or not via their network as they claim it devalues their brand.
I agree with you 100%! We bought it, we own it and have the right to resell.
i remember when i worked in a retail store and i got something on sale and planned to resell it and it had the store brand on it and it was like a one time item too, well someone told the manager and i got called in and got told i could not do that, and i said why not, because it had are brand on it, pulled out my phone and show him over 10k of listing with just that name alone, the next reason was you can't be selling are stock, my reply to that is 'who owns it me or you' in the end it belongs to me, i paid for it and walk out the door, so any rights you have to, is gone and its no longer yours and i can do what i what with my item. walk out and never got question again
You are free to sell it, you are not free to advertise said sale in certain circumstances.
The takeaway from your story is keep you mouth shut about your future plans. They can't object if they don't know.
You are 100% right and this is escalating and can soon become a big problem. I am a vinyl record retailer with a eBay store. I purchase records wholesale from legitimate distributors and have had 2 violations because the artist won't let me use their name in the listing. I contacted the first one to get approval, but no response. It is abusive and absolutely ridiculous.
I was wondering could you do something like change one letter. For example: u have a brand like "Nike" , can you spell it "Niiike " ?
This is why many resellers
Moved to other platforms. If eBay wants to be only homemade they need to change their name to Etsy.
Why eBay, or any platform, allows corporations to whittle away at the First Sale Doctrine is baffling to me. It truly seems exceptionally short-sighted.
I used an Iwalk last year when recovering from a foot surgery. Paid about $165 new. Great find for someone on the second hand market. (Can’t imagine if I was prevented to resell if I wanted). I bought a knee scooter used for less than I could rent one for the couple months I needed it. Keeping everything to lend out to any family or friends who might need it in the future.
I am starting to sell this week. Many inherited items. Ty for the inspiration!
they want to copyright restrict reselling? if so then the goodwill would no longer be in business. Reselling is recycling.
1000% agree with everything you said. All these reseller sites need to fight for us resellers or they won't have a business either. It seems they just give up without a fight. They need to realize how much money they are losing by taking stuff down.
eBay seems to be colluding with the corporations. They made VERO a power block for the corporations. And then they leveraged that fiasco into their authentication sideline. Crooked business practices. They probably make deals with them at cocktail parties.
I think we need to form a collective that advocates for our rights and fights back against these unscrupulous brands.
Exactly this.
Yup, I would just send them a reply basically saying "I can sell whatever I buy legally. "If you continue to harrass me concerning this issue I will see you in small claims court for harassments and a negligent cease and desist order!"
I 💯 agree with you, Kevin. If we purchased it, no Matter if it's new with tags or used, we have the right to resell. Anyone who disagrees with that has lost their minds. To me, their like sheep who follow whoever!
Selling used items can arguably benefit the brands. It helps create a market below the new items, which justifies higher prices for the items they sell.
If someone buys a product, then sell it in their yard/garage sale it belongs to them, then they sell it to you, you HAVE THE RIGHT TO SELL ON THE ENTERNET.
Tell them you're not selling them, you're reselling them.
1000%
Try saying give it away for donations , can get you a job as president.
I am thinking of selling a used car, which was used when I bought it, could this idea of companies not wanting someone use their name be transferred over to EVERYTHING? Ridiculous! I agree with you🤦🏻
I WANT YOUR SHIRT!! My sister and I used to get those at the little country store down the road when we were little a very long time ago!!
What Disney did was crack down on passholders who were buying mass quantities with their discount for reselling purposes. The pass keeps track of their purchases so they can tell if someone is buying to resell usually. They didn’t go after reselling sites.
Disney: *"ONLY WE CAN MILK THE CASH COWS"*
Cease and desist letters are not legally binding, they are basically legal bullying
Exactly!!!
True. Scare tactics used by lawyers to get what a client wants on the cheap. Any lawyer will confirm. Must initiate court proceedings to be taken seriously tbh. ✌️☘️🍻
@@bartermania the proper response to one is to say “okay, take me to court then” because if they had a case, they would have filed already.
I have done some research, and it's frowned upon by the bar association for lawyers to do this to resellers when there no proof of counterfeiting. So, this is so much bull. Commonwealth picker and others should flood the phone lines with calls demanding an explanation, and why not threaten to take these complaints to the bar??? Americans need to grow a pair and stop throwing our rights away.
It's a last warning in many cases. Lawsuit to follow.
Depends on one's perspective, I suppose.
strength in numbers. We need an organization with attorneys to back us to make these people follow the first sale doctrine before they put us all out of business !
I agree. Anyone know of an organization with clout and money behind them. Better business bureau, small business org???
Better Business Bureau isn't what it used to be. It's a political lobby. No honest reviews are allowed unless it's glowing puffery.
Social media - get on the internet and be loud. Strength in numbers.
@@debk3135 Better Business Bureau is simply a reporting mechanism and a rather cheesy one at that, not what they used to be pre-internet. Might get the EFF (Electronic Frontier Foundation) to listen up if they haven't already. I'm sure they well aware of the proposed Shop Safe Act and these brewing issues. Whether within their charter or they care touch it would be the question.
Other than them I'm unaware of any legal entities who do such matters outside individual cases and most don't care touch any of it. In some ways its like being "INC'd" as its called in legal realms. That's when someone incorporates in same state as some thriving small business. Since incorporation Trumps, DBA's etc the entity either attempts extort money or turns around to court and whomever the small business has to change or get rid of everything associated with the newly incorporated name.
All this stuff is tiered and that's the problem. Lets say for example I've a hat company and that company has arrangements with authorized retailers and online authorized retailers. These are contractual and often have sales domains, so in other words you're an authorized reseller of my hats and you've PAID ME to have exclusivity of Say West Coast Domain, California, Oregon, Washington State. No other dealers are to sell my hats in those state but you. So up pops Joe/sephine Q Public selling my brand hats within you're paid for domain. Your loosing money, I've got a contract problem with you and yea, my legal arm or subcontract legal arms is going to push and cease and desist letter as that's first action, written notification to a marketplace or the seller. Now if I ignore it and dont legally respond to the claimant they have several more courses of action. Business to business the legal firm will seek more data basically collecting evidence. So if I get cease and desist generated through Bonanza its quite likely they've been at eBay and elsewhere collecting evidence, they might not inform eBay at all, why would they? In fact, beginning at a small place like Bonanza make's more sense. They gather their evidence, sellers been notified of a copyright or trademark warning and not complied at say eBay. Law firm doesn't need communicate to eBay, point of sale its the sellers responsibility to remove whatever potentially infringing items from all points of sale. Its the rights holder legal representatives to gather up evidence of non-compliance. Now usually these law firms will then file with State Attorney General(s) both in their state and that of the seller. State AG's can go at things in variety of ways.
Usually one of two ways. The AG in the rights holders state is specific towards the rights holders complain however they can encourage the AG in the sellers state to seek out other alleged improprieties based on evidence gathered already. For example, where there is claim of one copyright infringement likely others. If the AG in the sellers state locates believes other problems exist they will go further, that's their job. The range of what the AG in a seller state may look at or gather evidence against can be very broad band. For example, predatory business practices, sale of other goods potentially illegal, dont meet Warrants of Merchantability, require sourcing receipt of all items. They can service injunction essentially shutting a sellers business down completely pending investigation. Seizure of items, code enforcement on and on can come into play.
This is why its best to just comply, move on. Once things move into State authorities they are legally bound to pursue it especially if something such as copyright is violated, in other words actual law broken. Trademark matters that are emerging online are a new mechanism by which rights holders are working to create a wall safeguarding their brands and money (revenues). And they do this in vague wording intentionally as they are also wanting avoid liability of wrongful accusation and actions.
I've said this before on this channel. Read the proposed Shop Safe Act of 2021 then read the proposed Shop Safe Act of 2023. The 2021 versioning clearly shows it's teeth, its essentially wipe out points of sale by fining them for any listings using a Trademark or Trademark Terminology as matter of law, not complaint. The 2023 version is so VERY vague and has "counterfeit" everyplace in the proposal it APPEARS to be a COMPLETELY NEW targeting in the proposed trademark amendment legislation. Yet is so vague that it will SURELY have article to amend it once it become law. Yet, the signals are still there. For example, rights holders complain about trademark infringement of a listing and that becomes a "Strike" against a sellers account, three strikes the point of sale must permanently suspend the sellers account. In fact, it can result in suspension across all online marketplaces points of sale.
Now if a seller is selling counterfeits same happens now, suspended. Points of sale suspend, no three strikes rule across an unknown and thus apparently infinite period of time. Anyone can read between the lines... Rights holders complain and there is a strike. There is NO WORDING about rights holders needing PROVE inauthentic items not mechanisms to whereby sellers CAN PROVE its legitimate. There is essentially NO WAY SELLERS CAN DEFEND against wrongful claim. Gonna send a hat to the rights holder to authenticate and trust they are honest? Fact they want nothing better than no unauthorized sellers selling their manufactured branded merchandise. Even if such mechanisms of authenticity proofs existed how is it handled? Rights holders have six months to authenticate? Who pays for it?
THIS IS ALL DISASTER AREA and coming full circle the 2021 Shop Safe Act proposal says it all in as far as intent. Eliminate all unauthorized trademark and trademark terminology from open seller online marketplaces.
Kevin sometime back had video whereby he spoke with his Congressional representatives and I've done same since I was made aware of this proposed amendment to Trademark Law. EVERY SELLER needs to be contacting their Congressional representatives and/or Federal Senators offices to complain and get answers.
The only way I see that legislative changes don't occur is when millions of sellers, their families, friends, shoppers blow up on social media keeping pressure on legislators to NOT allow for said trademark amendment and the clock is ticking. There are heaps of entities wanting The Shop Safe Act passed this year and they are mounting.
If I continue to grow this business I am absolutely keeping a lawyer on retainer to deal with these companies. They honestly just tick me off and they need to be counter sued for what they are doing.
Thank you, Kevin, for all you do for our community! Why are people worried about your business decisions? 😂🤣 They watch YOUR videos yet have no faith in you. Silly folks out here are always poking their heads into others' houses while theirs is a mess.
Because they are jealous of him and his family and need to leave them alone! THEY ROCK♥️💪🇺🇸🙏😇
I found you through your last video like this when it showed up on my feed randomly. I made a purchase to support you. I could not have been happier. You keep doing you. Resellers are an important part of the business chain.
I got a letter of cease and desists. They claimed I purchased their product from their manufacturer. I told they I purchased their products from a retailer and have receipts to show I paid full price. They said ok you can sell out that product and that’s it.
You can buy more and sell more. If they have an agreement with the retailer to not sell to liquidators, then that is an agreement between 2 third parties that doesn't involve you.
I agree. If it's counterfeit or stolen..it shouldn't be sold. Selling new stock or used items, should absolutely be allowed.
it is allowed,nowhere does it say that a buyer needs to keep the item forever or toss it in the garbage.
First sale doctorine applies even to just media thats under copyright. Physical items typically aren't protected by copyright, they could be protected by patents but there as well if it was made originally under license theres nothing they can actually legally do.
Edit: books publishers and such sure have tried!
Love finding cool hats like the lakers one you showed! I found a 90’s 76ers hat that the fresh prince used to wear in the show. Sold in 24 hours for $90. Thanks for all the education!
I just last night had a post to a Facebook Group removed, with the claim that "we don't allow content that infringes on someone else's trademark rights." 🤷 All I had done was posted my own photos of some Tods shoes I found at a thrift store and was asking the group if they would sell on the condition they were in. The whole point of the group is sharing knowledge. I wasn't selling the shoes on the group. Can we not mention brand names on writing now without Big Brother flagging our accounts?
I ditched bonanza well over a year ago because I got 1 from a European company that claimed my American made product violated their copyright. There are numerous companies that make that type of product. I even verified that the brand I was selling was a legit brand sold at every major retailer. There was no way to fight it and considering I had more problems than sales on bonanza, it wasn't worth it.
Florida State things are resold all the time here in Florida. I think it's one of those law firms in Illinois that specialize in this type of things
This whole overreach by a large corporation reminds me of the Right-to-Repair movement of which Louis Rossmann is a major leader.
I also watch his videos on here. I am also for The Right to Repair.
Ebay sellers need to file a class action suit against manufacturers for cease and desist letters. Sellers buy items or have items purchased for reselling. Items are in legal possession of items and ownership. Therefore, one as a seller should have the right to resell items purchased. Sellers are not duplicating or manufacturing their trademark or copyright products.
Totally agree with everything you said. If I purchase a product that isn't a knockoff I have every right to use the name of the product when I sell it. That would be like selling your car and not being able to put the word Dodge, Oldsbmobile, or Chevy in the ad for the car!
I got a letter. I create and design terrain for tabletop games. I don’t copy those designs from any brand. But in the tags, I mentioned a list of games and categories my terrain can be used for. I got warning to remove the search tag of that company. If someone search 40k or Warhammer(that is the company that sent the letter), it’s the same as if you said compatible with Dungeon & Dragon. I also mentioned, Star Wars Legion and other game platforms. if you look at the terrain I designed, none of it is even remotely similar to any or their product. It simple scaled to the format to make it playable for those games.
Also...if this charade goes on too long... what happens to every used car dealer, thrift store, yard sale, flea market, etc all across the land?!
I'm not sure you mentioned this but I believe that many of these "cease and desist" deals may come from Law firms that "specialize" in that type of thing. They can contract to send these out and then file lawsuits and cash in on what they collect. The company may be unaware of what they do.
I did two videos about it. They have the permission of these companies to do so.
Awe new puppy. Fun. We're going to have a new baby over here soon.
Makes me want to start reselling just so I can fuck with the big corporations. It sounds like another money maker for lawyers 🙉
I buy stuff from bargan bin stores that sells returns and overstock from Amazon since Amazon has an air hub here in Rockford Illinois they also have an warehouse / print on demand operation in an former Burgner's Dis. center that was closed. Amazon sells pallets of their returns and overstock items and the bargan bin stores started to pop up to sell the items and it's an deal for both budget minded people and resellers. I am an budget minded person.
Also I had 1 a law firm for a supplement over a year ago, I responded with my supplier info and they thanked me which was the end of it.
Regarding Velcro, I've had 2 listed with no issues however I have up close photos that show they are legit made by Velcro. One is a spool of Velcro and the other is a kids watch with Velcro and since it's in the packaging, I can prove it. I honestly listed them as an experiment to see if velcro would take them down and they never did. It's been 2 years more.
You are exactly correct Kevin....Once you buy something it is your private property. It would be the same as if I bought, for example, a Subaru automobile, and went to sell it on FB marketplace, as a Subaru, and Subaru contacted FB and said that I would be sued for trying to sell my own car, that happened to be a Subaru, because I used Subaru in the title! I think anyone who has tried to sell anything second hand, can see that!
Funny thing, several years ago when I first started selling on FB Marketplace they would flag a bunch of name brands as not compliant with FB Business Commerce Policies. The only thing remotely applicable was that it was counterfeit.(but they NEVER specify WHICH policy applies) Brand names included Nike, Adidas, Tommy Hilfiger, etc. Didn't even have to be designer stuff. Every time I got flagged in the appeal message I would rant at them about being second rate to eBay, Mercari etc. 😅😅 Finally they eased up or re-tweaked their AI or something.
The plus shipping made me chuckle every time you said it
You can sell these things at garage sales and you can donate them to thrift shops. I don’t see any rule that states once you are done with a certain item it must be destroyed. If I own it I can do how I please. If thrift shops and flea markets can sell them then there is no legal basis prohibiting resellers to sell it.
I agree with you. On a related note, I experienced my own frustration this week when trying to search for specific branded tools on Ebay and kept coming across, "XYZ Item MADE FOR Dewalt/Mikita/Milwaukee... batteries." Now, to me, they should NOT be able to use the product in their title with their product is NOT that brand. It's misleading. I don't care if it works with that battery. It made it difficult to find the ACTUAL branded tools. I was surprised that kind of stuff wasn't getting flagged/removed. At the very least, I should be able to weed those products out, but adding "OEM" didn't help at all.
Wow where do I start. I was informed years ago from a manager at radio Shack. Their batteries were made by either Duracell or EverReady and Radio Shack had their labels put on them. But what made the R S batteries better was the fact that they kept a lower inventory in the stores so what is sold is fresher then most of the larger retailers. But he told me, yes you could buy a battery and put your name on it and resell it as your brand because once you bought it it is yours to use or re-brand or resell.
The deeper problem is our economy right now, so everyone is trying to hold on to what ever to no lose profits, or go out of business. But many companies take this to far, to protect their product sales, or to maybe force another company out of business.
It was probably one of those situations where bonanza got the letter for that company so they just either have staff or an AI system remove things with associated keywords to what got them in trouble from that company in the first place.
If you own it you can resale; federal law supports doing so. Now, if its counterfeit that is difference but a few luxury brands try to go after people for reselling, claiming its counterfeit when its not because they do not want their brand seen as a "discount"
I agree with you. I don't understand why you can not use the name for a product they made. Keep pushing forward my friend!
Sold a similar Bulls Sports Specialties hat for $225. Paid $2 for it!
You have a beautiful wife and family. Kids grow fast enjoy them young.
Morning Kevin. Great weekend for yard sales. 10 mile one up here in Maine. I never even was able to hit half of the sales in one day. I need a bigger vehicle 😂
btw, i am here to learn about selling. you provide tons of great info THANKS!!!!
I watched a video a while back, I can't remember who it was, he was given a cease and desist. The company didn't like the idea that he was selling things as "NEW" and didn't want it to appear that he was an authorized dealer. They had no problem with the items he has listed as used. He asked them about becoming an authorized dealer and signed a few papers and became an authorized dealer! I thought that was an interesting take on it!
You are 💯% correct!!
Yet in New York, shoplifters can sell the items they stole, right in front of the store they stole it from on the side walk. If I find something at a resale shop and decide to resell it, that should be my choice, not the manufacturer. It is not like you sell hundreds of the same item. I would get an attorney.
My wife who sells things we have and things she has been giving from friends and family has had items that are definitely not fake the money frozen and taken back because they claim the items are fakes. I know some of the items they claimed were fakes we bought years ago from target from their clearance area. I really doubt that target was selling fakes of items to people. But the people got their items and now she has to somehow prove that the items were legitimate and not fake reproductions. Like she said she didn't think she made but 4-5 dollars or less on each item so it was almost not worth fighting over. She ended up closing her store and donating a bunch of the stuff instead of dealing with the hassle. She hung on to some more lucrative items for when she finds a better way to sell things. It's just sad that most platforms for selling seem to be junk anymore and not worth the time for little people that dabble.
We could always send a cease and desist letter to anyone who sends us cease and desist letters.
Sorry this happened to you. It’s getting ridiculous this is how I support my small American family it’s getting out of control. Yeah I live with anxiety/ ptsd and I would have flipped if I got that letter ps new sub thank you I’m learning as I go
The issue is there were big "resellers" that were (and probably is still happening) buying counterfeit merch and selling it as legitimate.
The only issue with using a name is using the trademark image. You can display a picture of a TM that is on the object but you can't take it off and use it independently.
A company has to defend it's property or they can loose the ability to defend it.
This actually makes sense.
The moment you buy something it becomes private property and you can sell that product how ever you want... It's basically the law.. unless it's fake products and violates copyright
I am seeing Facebook taking down posts, too, on some of the FB sites I buy from. Items that are designer clothing brands or listings that have $ (dollar sign). Algorithms are flagging certain words, etc. I agree with you, it's getting ridiculous.
I agree wholeheartedly with you. However, our recent judicial system has made several less than lawful decisions.
Like what?
How can Goodwill sell the same brands on their website?
Totally agree with you. You are not creating and selling something with their namesake on it. Big companies trying to skirt the law and shut down the little guy.
Dude, LOVVVVVVVVVE your shirt! Love most of the stuff you've got.
You're 100% right.
Super excited for the day when you testify before congress on this topic 😂 I’ll back you up!!
lol
@@commonwealthflipper you may have to wear a tie. I don’t think a ghostbusters T would cut it.
This congress prob has investments in some of these cos and would back the co imo. Truth and justice is dead.
The choice is there to relist on a different platform. It's not good business for the brand to have an item removed. But I think it just has to be addressed fully by all parties for the future of #reselling I totally agree with you Kevin. All trademark and copyright laws are already litigated. So personal sales should not be affected in my opinion...
I love the shirt, as a child I grew up with slush puppy 🐶 and I still remember how It was a treat to get a blue slush puppy.
I just had a old scrapbook taken off because they said the black Americana birthday cards were racist.
Oh my gosh, seriously.
Me too, for dolls I listed. However, there are many similar dolls listed the way I listed mine that are currently available!!! So upside down.
How would this work in the used car market? They would only be able to post the cars visible appearance? Blue car with 4 doors and 4 tires.
So what to do if you get a cease and desist? Just ignore it or comply? What if you ignore it and they take you to court but you don't have money for all the legal stuff? Then should you comply if you are financially set to fight it out in court, or are these letters just scare tactics?
I had the same problem with Bonanza and decided to close my account last year. I received at least 3 copyright/trademark violations yet there were no issues on eBay. They were for Goldbug, Thrasher, and Hershey's. All items were used. It wasn't worth the hassle for the little money I made there.
I agree with you that people are confusing counterfeit/vero with the cease and desist letters. I get so many of those on Bonanza and they just pull the listings. It really gets me upset. I have also gotten things on ebay pulled for being counterfeit when they were not, which is another story and impossible to fight ebay about. On another note, in a reseller group a seller's velcro was pulled because she used the word VELCRO and it was a branded package of VELCRO! Sometimes we just can't win.
Some companies just claim that everything from 2nd hand sellers is conterfeit. I have had a number of products flagged by the manufacturer as "counterfeit" when there is no way they could have examined them to tell if they were real or not and i am sure they were not conterfeit. One product my wife purchased new from a particular company and then she decided she didn't want it. She listed it on ebay and the company complained that we were selling counterfeits.
one of my accounts I sell vintage ads - attractive ads from 1900 to now. I have had several taken down from ebay for copyright strikes. Ads! A movie studio, and 2 jewelry manufacturers are the ones that come first to mind. It's free advertising for them, It's totally ridiculous. I really think the company gets bots to scan ebay and then they just pick out some of them without any review from a human.
I commented in your last video that I thought it was because you listed the items as new. Companies can decide who sells their products. Companies can even have their own licensed retailers. This is to protect their product, image, and name. If a consumer purchases a product new, it is under the assumption that it is new, not used, abused, or tampered with and the product purchased would reflect the company or brand. In the case of the baseball cap, New Era has no idea where you got their cap from, how it was handled, if it has been washed, left in the sun, if it is a knock off, etc. Now if you sell it as new, and the stitches fall out, the consumer would think "WOW this brand new hat is falling apart already, New Era is garbage and I'm never buying from a cap from them again." Not to mention if they have a warranty, that could complicate it even more. They have every right to protect their brand. I would just list the items as used to avoid troubles.
This actually makes sense. So just post like new and move on. I can see what you mean. Some companies only allow hand picked places to sale their product it's all about maintaining brand quality.
You know if this kind of junk started happening to me I know I would look for anyway to maneuver around this by selling an item and throwing in the item as questioned for free so they cannot claim that you are selling it. Just food for thought
Where this is headed is eventually you will have to pay a fee to the company that owns the rights to the name in order to be able to resell any vintage item. Either a flat fee or a percentage. And that will include big ticket items like used vehicles. Imagine DC Comics getting 10% of the recent $6 million sale of action Comics #1. That will happen one day.
Boycott the companies who bully.
Exactly. Several of my former favorite brands are now on my "do not buy" list. I no longer rave about them either. I have even found new favorite brands.
I had a similar experience years ago when I listed a Jazz cd that is titled after the trio’s musicians names. The cd wasn’t counterfeit. The cease and desist was worded like I couldn’t use the name of a musician. How do we find out what cannot be used in describing an item? Can artists like Taylor Swift, Phil Collins or Andy Warhol stop people from using their names? Counterfeit products I totally get but……
Those knee walkers are so expensive to buy new and so useful if you have a lower leg injury. I used one when I broke my foot.
I saw one of the thrift store but didn't pick it up because I was afraid it would be considered a medical device and not sellable. I didn't have my phone with me to look it up but I guess I should have picked it up!
got one from epson ink years ago. still sell epson ink to this day.
I myself have run across attorneys who are just "doing" their jobs and costing their clients hours upon hours of billable hours. I had to send a certified letter to both the attorneys and the CEO's office of the company and the letters immediately stopped coming from the law firm. I had shown how they were creating a justification for themselves. (which of course they weren't)
I went to the Pendleton outlet store and purchased some fabric. With every purchase, they give you specific wording you can use to make sure that people don't think that an item you create with Pendleton fabric, and sell, is confused for an item that Pendleton makes. The clerk said they will send a cease and desist if you don't word it properly.
Yeah wild to imagine you couldn't ever *own* anything if they had their way (the lawyers or whoever is sending the letters). Are you supposed to buy the item then ship it back to the company when you are done with it? Are they going to reimburse you money? Lol
You did good research and your take on the law is valid. Keep doing what you're doing and try to remind the auction sites what the law is and is not when you can. Anyone saying that you are wrong or siding with the cease and desist it's either a sycophant, a shill, or an idiot.
I AGREE 😊 WITH YOU !! OKAY GO AFTER ALL THIFT AND CHARITY STORES. THEY SELL EVERYTHING A OVER PRICE THEM !!! THEY CAN'T SELL EITHER ???
I had the same issue, years ago, with Mary Kay cosmetics. I was also issued 2 cease and desist notices, at which point I just gave it up. They claimed complete ownership over the old inventory that I had been purchasing from their vendors who were getting out. They have more lawyers than me, so 🤷♀️. I agree that this is going to not only punish the sellers (who work very hard for their money, by the way), but it will punish people who are looking for a bargain, who are ok with used items, or can’t afford new items from the company. (Remember, the company did already make money on this item). It’s a slippery slope, for sure!
Gotcha' on that stuff. I forgot what it was that I sold many years and years ago, I had an item and Ebay took it down. It's been so many, many years, I forgot what all that it was or exactly what was said. I think it was empty boxes. Yep, empty boxes for something and I think they said I couldn't sell them because it could be a hazard. Yet, I'd sold a few of them previously. Just trying to get rid of them because I knew crafter's could use them for different things. So I get ya. And I totally understand all that you're saying.
TH-cam's algorithm brought me here. So from i get is you bought item(s) making them your property but when you was selling it on sites like ebay the company/brand of the item is staying you can't sell their products (even though its a used item that's legally yours)?
My thought is this.
The big companies go after the little guys because most can't afford to take it to court or go all the way to appeal a ruling if necessary. They no the little guy will just roll over because they don't have a choice, don't have the pocketbook to fight it.
Only way to stop these big companies from doing this ia for them to start loosing some lawsuits ao it is not worth their time or expense to threaten lawsuits.
When you buy something you own it. When you no longer want it you can sell it, give it away, toss it. If the original company doesn't want you to sell it, then they should buy it back. Can you imagine if the auto industry pulled this. You cannot sell or trade this car ever. Yeah right.
Kevin I sill standby how much better you look hatless, but I am old. Great video today!
Sooooo......If I buy a Chevrolet Silverado from the dealership and decide that it wasn't what I needed, I couldn't sell it with the Chevrolet name on the truck listing? That's crazy!