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  1. #1

    Post Cease and Desist Letter

    My question involves a consumer law issue in the State of: MI


    A little background first. We purchased some inventory from a third party for resale on Ebay. Once we anounced were were reselling this product we got a C & D letter from the current company that claims they own the TM on the items.

    This company claims to have purchased the rights to this product. However the inventory we purchased was manufactured prior to that date with the old company name on the product.

    Now both products are called "ACME" but the "ACME" we have was made by the original manufacturer under their name, their "ACME" has their company name on it . Put another way if we were to buy some older iPhones from a person could Apple stop us from reselling them.

    Were talking about 20 to 25 units of an item that will probably sell for around $25.00.

    Thank you in advance, and if anymore info is needed feel free to ask.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: C and D Letter

    The fact hat the company was sold means squat. The new company is the successor in all contracts, etc.. that are in place.

    However, first sale doctrine says you can sell the stuff you purchased legitimately. You will have to avoid claiming new (unused is better) because you are reselling stuff already purchased retail. Trademark, if only used to describe the product is fine, but you should make it clear you are not authorized/endorsed by the manufacturer.

    However, they can still make things painful for you on ebay. For information on that try http://www.tabberone.com/Trademarks/trademarks.shtml

  3. #3
    Join Date
    Feb 2011
    Posts
    131

    Default Re: C and D Letter

    That's the concept of "exhaustion". The specific goods you buy are yours to do with as you will.

  4. #4

    Default Re: C and D Letter

    So if we were to sell this as "Old Stock" we should be ok?

    Thank you folks for the quick replys, it helps a lot.


    Thank you for that site it was an interesting read and very informative.

    Quote Quoting flyingron
    View Post
    The fact hat the company was sold means squat. The new company is the successor in all contracts, etc.. that are in place.

    However, first sale doctrine says you can sell the stuff you purchased legitimately. You will have to avoid claiming new (unused is better) because you are reselling stuff already purchased retail. Trademark, if only used to describe the product is fine, but you should make it clear you are not authorized/endorsed by the manufacturer.

    However, they can still make things painful for you on ebay. For information on that try http://www.tabberone.com/Trademarks/trademarks.shtml

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