I Got A Cease and Desist Letter For Reselling This Brand
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In my opinion: Any company that insists that you cannot resell any of their branded items (because they're not making profit from it or course), should be forced to offer to buy it back.
Agreed, if we can’t sell it to the public they should reimburse and do it for us 😂
But then you would get Pennie’s on the dollar. They might offer you Less than you paid for it!
Just like if I sell my 86 Ford f350... and Ford comes back and wants the money from the sale. This is getting ridiculous.
My thoughts EXACTLY
At FULL retail. Anything ele is theft if you can't resell it.
I once had an item taken down on eBay with a VeRo strike... it was a butter bell. I porcelain butter bell. Apparently, someone trademarked the term "butter bell" and you're not allowed to call a butter bell and "butter bell" on eBay. I received an cease and desist from an attorney representing the owner of the trademark. I called the number listed on the letter. She answered. I lambastered her, called her out, called her a POS shyster who obviously graduated at the bottom of her class and probably did better drinking at bars than passing the bar. I believe now you can list a butter bell on eBay and call it a "butter bell". You're welcome. LOL
I, too, enjoy porcelain butter bells. Not just any butter bell, mind you. But porcelain butter bells.
As an Amazon seller, we get several cease and desist letters or messages a month from different brands. I tell each of them about First Sale Doctrine and ask them to fix the source (Amazon in this case) as they are ungating us and allowing us to sell the brand. If they are willing to pay me back for my sourcing, etc I will remove the item as requested.
I like your Respect for the US Constitution and tenacity in protecting your and others Civil Rights.
We need to start talking about Boycotting these manufacturers and if they are breaking the law by taking away our personal property rights - class action law suits against these manufacturers.
i THINK IT'S TIME TO BOYCOTT THIS CHANNEL!
I do. I don’t do business with anyone who actively enforces vero or the like
Unless, the item can be proven counterfeit and in violation of Trademark and/or Copyright laws; then, no one can prevent you from reselling your items, assuming that it was legally obtained. Anyone sending an unlawful order for one to seize and desist, is in violation of the law, if the item/s are not counterfeit and have been legally obtained. However, using the words "Listed AS-IS" releases legal scrutiny from a manufacturer who believes they have the right to seize and desist, unless the item/s have been proven to be counterfeit. Taking further action by a manufacturer and/or legal owner of a Trademark or Copyright, after the item/s have been proven to NOT be counterfeit, is 'Harassment' at the very least, if not also 'Annoying', both legal terms for a defense and a law-suit. However, you may want to return a letter written from an Attorney of your own demanding full price for the item that is under scrutiny, as a recall purchase price, for the full brand new retail price! If the payment is not provided after acknowledging the 'Seize & Desist' order and after returning the item to the Trademark and/or Copyright owner; then, you can sue for the illegal repossession and make a nice profit, either way!
Why? @@bradtankersley4867
I mean you should be able to sale your own stuff but after the whole covid bs and people buying up everything and reselling like tp for a insane amount I forgot how many states but there's laws in place for resalers believe 10% is the most you can up charge so possibly protecting their companies name... I mean he's bragging about how the fabricated prices that they fabricate are up...
What is next?
No more thrift stores? Goodwill cant sell new era hats anymore?
ludicrous
Goodwill gets a free pass for everything. They sell knockoff shoes and purses all day long and they charge good money without any authentication either.
You bought it with that name, you own it at that name and you can sell it at that name. End of story!
Reminds me of the overuse of the "Monster" name claimed by Monster Cable. The bastards went after everyone they could even kids. The word monster goes back to prehistory and should never have been copyrighted except regarding cables.
Bonanza should be grateful that you even list items on their platform! They need all the help they can get.
They already sold it. They have their own distribution network, when you acquire it second hand to resell you're competing.
Ralph Lauren came for me on Poshmark. It was worded as I was using their intellectual property. The item was a vintage jacket from the 80's. Luckily it sold on eBay before RL caught it.
I appreciate your stance on first sale doctrine! I'm with you there. The more we allow corporations to bully the consumer, the less rights we have going forward. Our forefathers wouldn't stand for our institutions having more power than we the people... yet it seems like some people in power don't give a crap.
I was under the impression that this only pertained to new items. That in itself is crazy, but if they are doing it with used items that's completely wild
I thought this too. One company said that specifically
You should definitely be able to sell what you own.
Fight it! Don't give into that BS. You purchased it. It's yours to do whatever, including selling it .
I’ve seen the uptick of cease & desist letters hitting other sellers. It’s not right! I’ve seriously considered contacting my congressman to make him aware of these attacks on resellers. He’s a fighter for what’s right. It hasn’t happened to me, but it could. I completely agree with your point of ownership rights. We need resellers rights. If it’s fake, absolutely take it down. We need some form of protection. These threats of lawsuits are expensive & has the appearance of extortion. Of course these items will eventually get resold. Should it be thrown in the garbage? Ugh…
Imagine if FORD did not allow the advertising and resale of their vehicles!
@@garywheeler7039 shhh… Don’t give them any ideas! 😅
You nailed the real reason and answered the question as to why at about 23:19 to 23:30. It's purely and simply all about protecting a company's primary market sales. Intimidating small business and private sellers is easy pickings. I often wonder why they don't go after Goodwill and other thrift stores for reselling these exact same items, and often times, counterfeits as well. And don't expect any changes from Washington under a current administration that is clearly hostile to small business and private property owners.
I make wreaths, there is a designer/artist who, among many different types of items, has designed and sells wired ribbon, but you are not allowed to use said ribbon in wreaths and sell them. So what is the point in making the ribbon and selling it if people can't use it in the product they sell? Have seen them go after many wreath makers.
If these 'brands' are attempting to enforce copyright infringement law on selling "used" items with their brand name in the title, then that means we [sellers] can't sell [anything] with a brand name associated with it. No Play Station games, no Sony headsets, no Ford car parts, no Upper Deck baseball cards, no Disney plush dolls, no Marvel comic books, no Tupperware bowls, etc. etc. etc. Totally ludicrous!!!!! There is NO WAY this would stand up in court!!! Bonanza should be ashamed of cowering in the New Era shadow.😡
Who buys anything at Bonanza? Why?
They know we will not take it to court.
Heated Kevin is my favorite kevin😅
Does Bonanza not realize that if what they're saying is true, they will cease to exist as an e-commerce platform? Pretty much everything sold today is trademarked/copyrighted lol.
Should listed it as a harley davidson patch with a free jacket attached
Lol
I love this 😂
When people try to buy 1 item out of a group I tell them the same price and comes with that other thing for free.
Love it.
I had an item taken down on ebay, and looked, and found a hundred other items EXACTLY the same still for sale. There's no rhyme or reason to it - my theory is that someone up in the corporate structure does this in order to say to their bosses, that they struck down 10, 000 counterfeits today, and get a raise.
I wonder if they target people who don’t play their ad game?
I couldn't agree more with your discussion here Kevin - I've had this happen alot on etsy with logo athletic items or assorted authentic vintage college clothing. The fact that marketplaces are so quick to adhere to the ridiculous claims and punish sellers is dissapointing to say the least. I had a Yale University pennant taken down, after a claim by the Yale Lock company - how that could be accepted by etsy immediately is hard to fathom.
The hats have already been bought, so the hat is yours and I think you can do what you want with it 😮😅 my opinion 😊😊
This should be the case. With the exception of a fake or if you was previously stolen.
Companies can't ban us from selling items we own. Who TF is falling for this?
Hi Kevin. I live in the UK so I can't speak about US law.The actions of Bonanza in this case might be interpreted as contravening anti-competitive law in the UK. I would imagine that similar law exists in the US? It would be fun to send them a "cease and desist" notice for contravening any such law that exists in the US? Very best wishes, Roger.
I really like all the rant stuff and the informing people about stuff and especially challenges...not just seeing what sold.
These companies will also have to go after every yard sale and garage sale. It's getting to where I'm afraid to sell anything anymore, for fear of getting sued!
Ill never quit lookjng at the nice/awesome Rosanne blanket!!
You will own nothing and be happy…. 😂
You are exactly right that’s exactly what the Democrats want. They want Socialism.
Getting closer to their reworked 2030 plan u less there is a red wave this election season.....original plan was 2020 but the guy who got in 4 years prior STOPPED THEM thank God but sure are punishing him for it now....
WWG1WGA
You will live in the pod and eat the bugs
Klaus schwab
@@girleyreds11-11🙄
Kevin, a great tool for selling pictures and lots of other items, is using insulation board. From Lowe’s/Home Depot. They come in 4 x 8’ sheets, and can be easily cut with a jigsaw. They completely protect the item and it can’t be bent. They come in different widths. I get 1” and 2”. I have used it for shipping a commercial mixer; shipping a batch of 13 large Teenage Mutant Ninja Turtle figures and lots of other items.
I read up on Trademark and Copyright laws and here is your defense for reselling property that you legally own and believe it is NOT counterfeit because of logos and trademarks being present on the item: If the name/s that you are using are located on a brand label and/written on the item to be sold by it's owner; then, you the seller are listing the item/s "AS IS" according to the rights protected under Trademark and Copyright laws. List this information in the following fashion: This _____(item name/brand) is listed "AS IS" according to the Trademark and Copyright laws of the name/s and/or brand/s of the item/s listed, which have been legally displayed on the item/s itself and/or branded with the Trademark logos.
This type of wording prevents any legal discretion because the manufacturer/s Trademark and/or Copyright is branded and/or listed on the item/s under scrutiny for legal possession. And, yes, you are right that all of your possessions are yours to re-sell as you see fit, if and only if the item is not banded by the U.S. Government which you could call the Federal Bureau of Investigations to have checked out, assuming that your possessions are under your knowledge to have been obtained and possessed legally by yourself. If there is Trademark, logo, or Copyright tag on an item that depicts that item as authentic; then, most pawn shops could verify if it is authentic and not counterfeit. If it is not counterfeit; then, you can re-sell the item/s if they belong to you because the only legal right an authenticated Trademark by a logo, or a Copyright from a listing has on your physical possessions are that if the item can be proven counterfeit, then the item is illegal and you may file a case with the FBI against the person/s that sold you the merchandise as an authentic item protected under Trademark and/or Copyright laws.
Copyright protection prohibits REPRODUCTION of the item. Not advertising for sale. imho
Wow, what a bunch of bullcrap. I hope you keep us updated on this.
If it’s not the responsibility of the company that created an item, whose responsibility is it to identify whether something is fake or not? Common sense! And you are absolutely right that if we own something we should have the right to sell it. And we shouldn’t have to desist until the company that created the item proves, in writing, that it is indeed a fake and how we can identify this type of fake in the future.
Awesome topic Kevin. Thank you
I completely agree! I really enjoyed your video.
Great informative video, thanks Kevin!!🙂
Mr Kevin ! Awesome haircut Sir. Thank you
When I was doing craft shows and looking to put my items online, (i sold baby gifts, crocheted items and Onesie cupcakes.) I found that I couldn't use the word "onesie" unless I was specifically using Gerber onesies. They own the word... I used mainly Carters but then listing online I used the word bodysuit because of that. Stupid. Onesie is a common word that people use (and search for) for a one piece baby outfit or children's pajamas for that matter.
I had similar incident like that, 25 years ago, a book about Jimi Hendrix, with a CD, Book was published , with permission of the Hendrix estate, and in book stores. A year later, court case about the estate and someone else actually was entitled to the estate, the book then removed from bookstores and then remaining inventory was sold to people that buy cases of publishers clean out of books that did not sell. Ebay told me I could not sell that book.
I agree with you! Thanks for sharing,what I buy I own and should be able to sale. Have a great day
That fire shelter is one thing you don’t want to be counterfeit!
Something like that happened to me. During Covid I was making face masks and selling them on Esty. I purchased some Grateful Dead material from Esty, and was banned from selling them on Esty. They removed my listing and dropped me down in the searching.
I got something of the same just from eBay a couple days ago for NWT Silver jeans.
I believe the reseller who dealt with the unfortunate fiasco was Desert Resellers. I felt so bad for her as their are so many other resellers doing much much worse and with knowledge of doing so. At least she could say she was ignorant at the time of listing.
It is a big issue. And thank you for going to bat for it. As a social media influencer that is huge. I’ve encountered this a couple of times myself and as a small reseller, I have no voice. It you have a voice and I’m glad you are voicing it.
If I get a Cease and Delist letter I take it down, BUT I put it on another platform and I will list the item every weekend from Friday evening through Sunday night back on eBay and take it down during the week. The lawyers and companies are not working on the weekend so they do not check eBay. I own it and I will sell it!!
Why take it down at all?
@@commonwealthflipper If I get a letter from a lawyer or the company I take it down so I won’t get in trouble with eBay. But I repost it every weekend. Keep up the great videos!!
@brentbuchanon
It's cute that you think the people hired by lawyers to troll eBay for stuff to take down don't work on weekends lol. Never mind most of it is done with bots, not to mention they'll still send c&d for things that were previously listed.
@@WellnessWizdom Been reposting stuff on weekends only and never got in trouble. Just during the week
It needs to be a class action lawsuit against a major platform (probably eBay) to set a legal precedent to stop this stuff. Property rights should be a slam dunk case!
Thanks for helping us Kevin
Crazy! After hearing this I looked at eBays VERO list and sure enough NewEra is listed as a brand on the list. I have been selling these for a while now!
I so agree. We bought a printer at work and the company brand made it so I had to only buy their expensive paper and ink. I kept thinking that once I bought it, it was mine. Not for them to keep contacting me, telling me what to do with their products. Once it's mind, it's mine, if I want it to be a toaster, that's my choice. It's mine! So if you want to sell it, it is none of their business. They got their money for it, now let it go.
My sister and I were big fans of “ The Man From Uncle” in the 60’s. She had a poster of David McCallum who played “ Illya Kuryakin” in her room!
I had a cease & desist for a company and they basically said I cant claim it’s new. So I went with open box
Yes, i truly hope this goes to court and the supreme court especially. We know they're all about freedom and would rule for the little guy over big corporations.
This is the second video I've seen of yours and I'm digging your transparency and honesty.
well thank you
@@commonwealthflipper I just binge watched 9 plus hours of your videos, keep up the good work and the videos. I know it's a lot of work, but the knowledge you share is awesome. PS I'm not a reseller but I learned a lot from your channel today. Thank you
Wow. Just bought my brother a Gaints hat. Glad I ordered it early.
Kevin, New Era is doing this as the baseball season kicks off and most likely doing this to pad their sales, Bonanza is probably a good marketplace to test the waters with veros because its small and they can test out how it works out for them.
I can understand a company protecting itself from others marketing lousy quality (counterfeit) merchandise. This is solely what I believe these self-protectionism actions are based upon. Who wants to buy crappy quality items that are made from inferior base materials - fabrics, linings, buttons, zippers, snaps, etc., and have to wonder if what they are getting is the real deal, then after purchasing it -- only to have it fall apart, or get faded after several uses (uv light, washing the item under normal use conditions, etc.,) and then they are stuck with a product they regret having bought thinking it was an endorsed, licensed item. Ok - so in purchasing an item from a manufacturer -- an original buyer should have the right to do with what he (or she) desires, afterwards -- as long as they themselves are NOT in the manufacturing aspect of making OR copying similar OR presumed to be legitimately "identical" items to sell! He, the gentleman re-seller in the video is doing nothing of the sort, as to any manufacturing, or copying. He is merely selling items legitimately purchased for his own use. And if he decided to not gift to someone freely, then why not sell for a mild profit. The manufacturer already got their first profit at the original sale / purchase by this person choosing to resell. He should have NEVER gotten "the cease and desist letter", they are overstepping their bounds here!
Very interesting 👌
When I used to resell, there was no media to sell on I only had flea market and garage sales, but what I bought was mine 😊😊
The angler sole replacements are for the bottom of waders. The felt provides grip on slippery rocks.
Thank you for covering this topic! I wonder where it’s all leading! It’s unfortunate that it cost so much for legal defense should an issue arise!
Thank you, Kevin’ n
"You will own nothing and you will be happy."
It's crazy....and so many still oblivious.
Wolfe painting held you like you had to freeze.
Thank you Kevin for all you do for the community!!!
LOL, HE'S A FRAUDSTER.
Troll, get a life
What about antiques, and names like Tiffiny, Hummels, etc.? The names mean how high the price can sell for. What about the toys from McDonald's, isn't that a brand-name?
I hope you keep up the information on your channel. Many do not understand the serious outcome this might become. Please platforms, you are our heavies! Get it done, we are not free if there is no freedom from big money.
The car analogy..brilliant.
That’s crazy!! Overreach for SURE!!
LOL THIS WOULD BE LAUGHABLE IN THE UK
Awesome shirt, WWF old school. 👍
I have said this for a long time and I dont even resell! Once you buy something its yours and you should be able to do whatever you want to with it! But this is the World we live in where companies can pull this kind of bullcrap. But luckily I think we are Finally about to move out of Upside Down Clown World!
I agree with you 100 % 😊😊
I personally feel it’s a person who’s not representing the company you sell for but a seller who is trying to interfere with your sells. You are a honest seller don’t let these haters effect your sales
It was for NEW ERA HATS
Great joke, Turner! That one made me LOL
I used to sale in Bonanza however after getting so many cease and desist letter I removed all my listing and shut down my Bonanza store. Was not worth the headache and stress. No loss at all.
Even selling through Ebay. I listed a printer with all weights and dimensions listed. I sent the invoice and recall their address on the invoice. When they paid for the item, the shipping address was different. I lost $70 to ship it to their address. I contacted Ebay over several days and not only did I get misinformation or accidentally hung up on..I was told to take it up with USPS. I followed the most seemingly understanding employees direction. And it lead to no response. I've stopped selling on Ebay.
😥
I had some Jack Daniels bottle ornaments that were removed off of ebay. They were made from the original shot bottles I simply added some glitter and ribbon, they were removed for selling counterfeit items. Have tried numerous times contacting them via email and of course no response. I find it amazing that I have numerous other listings and they just targeted the one.
New Era and other businesses who pull the same thing need to be pulled up by the short hairs by the FTC. Or boycotted by a major retailer. Or both. You can bet if Fansedge said "we don't like your attitude and won't carry your products any more if you persist" that they'd back down fast. Plus, if you were TOLD you were buying an item but found out later you only essentially rented it... breach of contract. The original retailer or manufacturer owes you your full money back plus compensatory damages. I'd love to see New Era et Co hit with that one in Federal court.
That platform that you used for the hats did they have a pull-down tab to select a brand name? Was this brand name there? If so, how can they say you can't sell it if they have that brand name option.
It's absolutely so ridiculous. I totally agree with you.
That's crazy brother..At the very least they should have to include why or what you are receiving the letter for in detail. These platforms seem to coward down to these companies, rather than fight for the very people who they make money from. I totally get protecting a brand from counterfeit items, but then state that in the letter. I'll stand up next to ya with a sign if need be Brother. Keep Crushing It!! Stay HUMBLE, Stay HUNGRY, Stay FOCUSED...~The Jarhead Entrepreneur
Did Bonanza provide a copy of the notice, demand, or cease and desist? Just wondering if they took issue with Bonanza due to other listings and they went full tilt to cover their own rear
Ridiculous re new era Kevin 🤦🏼♀️ I'll carry on watching the rest of your video 👍🏻Jayne from the 🇬🇧
When I get these on Ebay I always contact the rights holder and make them be specific. 99% of the time they respond with an answer that says basically I am NOT violating their rights but they just didn't like the title! :P
Maybe letters to the sports franchises that had their merch made by that company will get results. Who wants a 'collectable' piece of clothing that you don't actually own? Right to resell is up there with right to repair. Ownership is everything.
More companies need to do this honestly you resalers are getting out of hand get a real job fams much love tho
Yor Chevrolet analogy is effective. Considering the impact the brand protection trend would have on your business, have you ever consulted a Trademark/copyright attorney for an expert opinion on the legality of their position?
I hope LOGIC prevails and what we own is ours to sell 💯💯
It is a good point, they are not stating they are fake. So... You will own nothing and be happy? Screw New Era.
Ok I dug deeper while listening to the email. This reads MORE LIKE 'as if' you were claiming TO BE an Authorized Seller of the brand. This is just Bonanza being a chop shop and doesn't know much IMHO
Not only do they sell hats they sell a lot of other things also that's crazy keep us informed please thank you keep up the good work
eBay started offering USPS Ground Advantage cubic rates. That 6.66 is probably a .3 cubic, and a somewhat close zip code. Those are all basically flat rate up to 20lbs. Also 18in is the longest allowed length
It's so upsetting to get a letter or worse suspended on Ebay. I am so careful about what I sell, but this is just wrong. And, I really think it hurts some of these brands, what are they frightened of? It drives more sales and branding for them? Stupid.
I have gotten that notice on Bonanza for so many things, and they were all used items: Gund plush, wubbanub, Chiccos toys, Hershey plush candy bar, and so many more. It's beyond frustrating, especially for used items! I refuse to do that Reserve listings and approve each individually either. There are not enough sales over there warrant that time wasted. Oh, and I always message the company and mention the first sale doctrine. Last week after Fisher price removed one of my toys off ebay and I emailed FP, I did get an email from ebay saying I could relist it. That was a shock.
I've noticed number of sales dropping too, but like yourself mine have been more expensive items so it's kinda equaled out.
I've had stuff taken down from Etsy like that. It's probably an AI system picking up on keywords and it thinks you're selling copies and trying to pass them off as legitimate. As a matter of a fact I tried listing a pair of Dragonball Z shirts that had kid Goku on it. eBay immediately deleted the listing and said I couldn't list it. I took "kid Goku" out of the title and it let me list it🙄
Did Goodwill get a cease and desist order? I know i have seen plenty of licensed products there( and other thrift stores)
Maybe we should all just stop selling on Bonanza and let them feel the error of their ways in the poscketbook. I only make a few sales a month too, but if we all take our few sales a month elsewhere, they might get their act together.
I received that same message, it was for one New Era Yankees hat and I have quite of few more. I got fed up and closed my Bonanza Account. I’ve sold one thing in forever and just don’t want to deal with them anymore.
Sorry Dan. I sold 800 bucks on bonanza this week. Best week ever.
@@commonwealthflipper wow. That’s awesome
@@commonwealthflipper Wow thta's impressive for Bonanza. lol