Concord, NC asked in Intellectual Property, Business Law, Consumer Law and Internet Law for North Carolina

Q: Can i be sued for selling MLM items online at Amazon/Ebay?


My question is Products like Mary Kay, Shaklee, Amway, etc.. these products are sold by consultants, but many sell online. I do sell some online, not many, just enough for some extra money since my wife lost her job.

I received an email from one of those companies stating if i didnt remove imediately they would sue me.. At first i wanted to remove all items and move on, but after reading some posts i understand that when i bought from them as distributor, i paid for the item and tax on them. i own the product and am selling the original item. i believe they can "cancel" my membership and not allow me to purchase from them again, but wouldnt think they would sue me over this.

Is there a legal protection on this case?

1 Lawyer Answer
Nathan Hull
Nathan Hull
  • Charlotte, NC
  • Licensed in North Carolina

A: Whether they can sue you depends some on your agreement with them as a distributor. I would imagine that they limited what you can do with what they have sold you. They have an interest in protecting their brand and may be able to sue you for unauthorized use of their trademarks at the very least. These suits can have high penalties that would dwarf any profits you might receive from selling the products online.

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