Selling a product online

[Dsabot]

I am an online retailer and recently received a Cease and Desist letter from a company that manufacturers one of the items we are selling, the edited letter is below:

We have noticed that you are advertising XXX products for sale under your website name through the use of Amazon.com: Online Shopping for Electronics, Apparel, Computers, Books, DVDs & more. The name “XXX” is trademarked, and as such, cannot be used in any form of advertising or electronic media without the prior written consent of XXX. According to our records, you do not have the required written consent of XXX for your website’s use of the name “XXX.” We are therefore requesting that you remove the advertisements for and any other reference to XXX products from your website. We hope you will comply with our request so that legal action is not necessary.

It seems to me that I am allowed to sell any LEGAL product I wish, even if I purchased it at retail and resold it. Are they right? Am I right? I am confused now.

 

[Zigner]

I am an online retailer and recently received a Cease and Desist letter from a company that manufacturers one of the items we are selling, the edited letter is below:

We have noticed that you are advertising XXX products for sale under your website name through the use of Amazon.com: Online Shopping for Electronics, Apparel, Computers, Books, DVDs & more. The name “XXX” is trademarked, and as such, cannot be used in any form of advertising or electronic media without the prior written consent of XXX. According to our records, you do not have the required written consent of XXX for your website’s use of the name “XXX.” We are therefore requesting that you remove the advertisements for and any other reference to XXX products from your website. We hope you will comply with our request so that legal action is not necessary.

It seems to me that I am allowed to sell any LEGAL product I wish, even if I purchased it at retail and resold it. Are they right? Am I right? I am confused now.

You are likely violating their rights. In any case, can you afford to defend yourself in court?

 

[FlyingRon]

Without knowing just what product you're talking about, we can't really give you a decision, but it is well known that there are bully companies there that either don't understand (or chose to ignore) the first-sale doctrine. If you clearly identify the products as not new (and you weren't otherwise enjoined from selling them by a contract you agreed to ) and you obtained them legitimately, you can use the brand name (Trademarked or not) to describe the product.

Of course, the question is can you afford a lawsuit. Furhter, will Amazon, like ebay, roll over and shut down your sales on the ill-founded assertions of the manufacturer. If you want to read more about someone who fights this on a regular basis look here:

Tabberone's Trademark & Copyright Page.