Q: Is it legal to sell ORIGINAL product without authorization from the manufacturer?
We recently received a letter from one of the manufacturers:
We, *******, do not recognize you as an authorized reseller of our products. You are violating copyright and trademark by purchasing from unauthorized suppliers. We are continuing to gather data on all unauthorized resellers and reporting them to Amazon. You may have purchased from an reputable dealer, but it doesn't mean you can resell on third party marketplaces like Amazon. You do not have a written contract with us, the manufacturer, to do so.
We 100% sure that the product we sell are original and can even do an independent testing. We received a letter from amazon that: We may let you list this content again if we receive a retraction from the rights owner.
We have right owners email but they refuse to retract the letter.
Is anything we can do on legal level with the company who sent this request to amazon. I guess we have rights to sell product if the product is original.
A: You may indeed be violating the company's IP by commercially reselling their product. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
