Re-selling Jeans on eBay

[realdeal]

What is the name of your state? NY and NV

I bought some name brand denim jeans from a Close Out Specialist. His contract with the manufacturer says that he is not supposed to sell to sellers who will list the goods on eBay. I have no contract or contact with the manufacturer. If I list these jeans on eBay, can the manufacturer force me not to sell them? They are telling me that unless I tell them where I got the goods from, they will suspend my eBay account for selling counterfiet merchandise. They obviously do not have the actual goods on hand. They merely saw my photos of the goods and made a judgement. I know for a fact that they are authentic. Do I have a case to take this manufacturer to court without revealing my supplier's name? I do not want to get my supplier in trouble.

 

[divgradcurl]

If I list these jeans on eBay, can the manufacturer force me not to sell them?

Yes. Based on the information you've given, the sale to you was not an authorized sale, so no "first sale" has transpired.

They are telling me that unless I tell them where I got the goods from, they will suspend my eBay account for selling counterfiet merchandise.

Of course, only eBay has the authority to suspend your account -- but the manufacturer could definitely file a VERO complaint, and get your auctions booted.

I know for a fact that they are authentic.

Not relevant to this conversation. Here's the way trademarks work -- if a manufacturer sells a good with no restrictions, then there is a legal doctrine known as the "first sale" doctrine which kicks in -- basically, under "first sale," once an authorized first sale has taken place, the manufacturer can no longer control the resale of that particular item.

However, in this case, it doesn't appear that a first "authorized" sale has taken place -- therefore, the "first sale" doctrine has yet to kick in, and the manufacturer can still exercise control over the sale of those articles you purchased. It doesn't matter that the products you have are authentic -- they are still "unauthorized."

Do I have a case to take this manufacturer to court without revealing my supplier's name?

For what?