Q: Can I defend an Intellectual Property for selling an item on Amazon and receiving a Violation?
I've been selling Nordic Naturals Ultimate Omega 180 gelcaps for a few years. I typically buy from ebay and then sell them for more on Amazon. Therefore, I'm not an "authorized" seller to Nordic Naturals. Since I bought these items legally on ebay, is this still a violation of their Intellectual Property? I'm okay to not sell them any more, but I don't want to jeopardize my Amazon Selling account.
Thanks in advance for any help.
ASIN: B002CQU564
B002CQU54Q
Infringement type: Trademark
Trademark number: 77543335
Complaint ID: 5557671371
A: It might still be trademark infringement. Just because you purchased the item on eBay doesn't mean it's a genuine product, or that your listing isn't causing consumer confusion. The eBay seller may be selling fakes or knockoffs. If so, then re-selling them on Amazon may be trademark infringement. If the eBay product was genuine, then the first sale doctrine may apply. However, Amazon sellers face a difficult battle with a trademark owner through the site, and you may have to file a counterclaim to resolve the matter if the product you are selling is genuine. Either way, legally, the issue is most likely going to turn on whether there is consumer confusion. Good luck!
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