Can sellers on sites like amazon or ebay sell my company’s products skin care products without my company’s consent?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can sellers on sites like amazon or ebay sell my company’s products skin care products without my company’s consent?
I noticed that many sellers on Amazon and Ebay are selling my company’s skin care products, but my company does not have any type of agreement or affiliation with those sellers? Is there anything my company can do to stop them from selling its products?
Asked on May 8, 2012 under Business Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If they signed an agreement with you stating that they would not resell, you can enforce that agreement. However, in the absence of such an agreement, a person can resell items they purchase--essentially, everything on eBay or Amazon shops is a resale of someone else's product, after all. So in the future, include a term preventing resale in any contracts of sale, terms of sale, etc.
What they can't do, however, is represent that they are connected to you--for example, that they are your agents or licensed resellers--if they are not. So the can resell your products but they can't suggest a relationship that does not exist; if they are, you could send them a letter to cease and desist, and if the don't take legal action for violation of the Lanham Act, unfair competition, and causing confusion in the marketplace.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.