Selling a branded product against the will of the brand
12 months ago I started selling a branded product on Amazon. I bought their product wholesale but didn't specify where these products would be sold.
3 months later the brand threatened legal action if I didn't delist their products so I complied.
I didn't seek legal advise so on reflection what action could have been taken against me? What rules or law could have been broken? They've since given me permission to sell on eBay just not Amazon.
0 replies
Ezra_Amazon
Hello @Seller_NpMpf7WPoaL9g,
Thank you for getting in touch.
In your situation, there are a few legal considerations that may have come into play:
- Trademark Infringement: Selling a branded product without proper authorization could potentially infringe on the brand's trademark rights.
- Unauthorized Reselling: Even if you bought the products wholesale, there might have been specific policies or agreements in place prohibiting resale on certain platforms or without the brand's consent.
- Violation of Distribution Agreements: If you had a distribution agreement with the brand, there might have been terms regarding where and how you could sell their products.
- Amazon Policies: Amazon has policies regarding the sale of branded products, and violating these policies could lead to account suspension or other penalties.
It's important to carefully review any agreements or policies before engaging in resale activities to avoid potential legal issues.
Best regards, Ezra
Seller_ZQyopdiwkUHOZ
Sorry, you've misunderstood me. I'm not saying exclusivity agreements etc can't exist within the supply chain, I'm saying that exclusivity agreements are only applicable in those circumstances.
Nike can't legally take action against Age Concern UK for selling Nike t-shirts that were donated to them. They can restrict sale, but not resale.
My point is that I believe the term 'resale' doesn't apply to the sale of goods purchased from a wholesaler for the purposes of selling them for profit. That wouldn't be 'reselling', it would just be 'selling'.
