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Samuel II
Samuel II, Attorney at Law
Category: Business Law
Satisfied Customers: 27009
Experience:  20 years of experience practicing law with diversified background.
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I have been purchasing a product online and reselling it on

Customer Question

I have been purchasing a product online and reselling it on ebay. Just got an email from the company that says it is illegal becuase their website says that when I purchase I am buying for personal use. They are advising that their client file a civil suit etc..... Not sure if I need to worry
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: I am in Iowa . The company is in California
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you think the lawyer should know?
Customer: I don't think so. The only thing is that now I do see the disclaimer on the company's website but link I used to purchase had nothing mentioned like that.
Submitted: 3 months ago.
Category: Business Law
Customer: replied 3 months ago.
This is the email I receivedVia EmailDear Unauthorized Reseller:My name is***** Esq. I represent Beverly Hills MD, LLC, among others.It has come to my client’s attention that you are illegally reselling products from their website, including Lift and Firm Sculpting Cream™, Dark Spot Corrector™ and Crepe Correcting Body Complex™, without authorization. An example of your wrongful sales can be found here: actions are illegal for a number of reasons. First, each and every purchase you made from the aforementioned website is governed by the Terms and Conditions as found on that individual website.On the Beverly Hills MD, LLC, website the Terms and Conditions clearly state, in pertinent part, that:“The products and services on this Site are intended for personal, non-commercial purposes only. You irrevocably agree to use this Site only for lawful, non-commercial purposes and in compliance with all local, state, federal, and international law. You may not use, reproduce, copy, reverse engineer, modify, copy, publish, distribute, display, transmit, adapt, frame, link, sell, or license or in any other way exploit the content or product on this Site. Beverly Hills MD, LLC. does not authorize the resale or distribution of any kind of our product by any third party retailer and/or distributor. Beverly Hills MD, LLC. reserves the right to pursue any unlawful retailer and/or distributor for violations, not limited to, The Lanham Act.Further, your actions are also illegal as they violate my client’s various wholly-owned trademarks and copyrights. Your sales are not subject to the “first sale doctrine.” Please see Beltronics USA, Inc., v. Midwest Inventory Dist., 562 F.3d 1067 (10th Cir. 2009), among others, for clarification.What you are doing is crystal clear; you are purchasing my client’s products from them, at a discount, and then reselling them at full price on Ebay and, perhaps, other sources. This is obviously an illegal commercial business that is taking tens of thousands of dollars of revenue from my clients’ pockets and wrongfully depositing them in yours.You are hereby ordered to IMMEDIATELY cease and desist any and all sales and/or resales of any of my client’s products and to take down any and all web or other advertising of any products that are the property of my clients’ (review my client’s various websites to make sure you are in FULL compliance with this order), as well as any other advertisements you have which are in breach of my client’s Terms and Conditions and/or contain their trademarks and/or copyrights.Should you fail to comply, my client will have no option but to seek all available remedies under law.I am recommending to my client that they proceed with civil prosecution against you for your wrongful actions. However, should you wish to avoid the time, expense and almost near-certain liability resulting from such a suit, there might be a small window prior to filing in which you can make a pre-settlement offer.In the meantime, your name, e-mail, mailing address and credit card number have been blocked in my client’s systems and you are prohibited from making any further purchases. If you continue to illegally purchase our products under different aliases and email addresses,then rest assured, my client will find out and you will be called to answer.Please have your legal counsel contact me within 48 hours of your receipt of this correspondence to confirm your compliance herewith. I can be reached at the e-mail address and telephone number above.Govern your actions accordingly.I Remain,
Expert:  Samuel II replied 3 months ago.


This is Samuel. The First Sale Doctrine is a copyright. And as such if items that are under the First Sale Doctrine preclude a buyer to resell.

Expert:  Samuel II replied 3 months ago.

If you want to try to settle the matter, I suggest you should contact a local attorney and let them handled it for you in negotiating what price the copyright owner will take not to bring the matter to court. If you want to be a bona fide reseller that may be achievable in these negotiations.

Expert:  Samuel II replied 3 months ago.

But that means for Future Sales

1 - you would need to show that you have the customers who will buy and

2 - agree to give the copyright owner a re -sellers fee plus a percentage of your sales.

Customer: replied 3 months ago.
I am sorry. I am not sure what you mean by preclude. Is it illegal for me to sell what I have. I am not going to buy more but can I sell what I have already purchased from them.?I don't want to become an authorized reseller.
Expert:  Samuel II replied 3 months ago.

Preclude means Shall NOT.

Expert:  Samuel II replied 3 months ago.

So since there is a First Sale Copyright, you are breaking the law by reselling the products. You shall not be doing that according to the law, and the copyright.

Customer: replied 3 months ago.
I need to stop selling what I have. Okay. Got it. Thank you
Expert:  Samuel II replied 3 months ago.

Yes. Do Not Sell anything else.

Customer: replied 3 months ago.
can I just tell them that . The site I ordered from had no disclaimer about it
Expert:  Samuel II replied 3 months ago.

You can try that. But you better read the terms and conditions closely. Please let me know here if you have other questions or need clarification. Otherwise a Positive rating ensures I get credit for my time.

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