stop spamming!
I will never reply to you because I know we purchase our products from authorized distributors. It is the brand’s responsibility to manage reseller restrictions, not yours. My company is an authorized reseller for many brands. Some brands require resellers to buy only from their distributors, not necessarily directly from the brand.
We are more important to these brands than you because of the significant monthly sales volume we contribute. Meanwhile, you are just sitting behind a computer, sending spam.
I’m waiting for your lawsuit to arrive so I can present documentation proving that we buy from authorized distributors. I am also considering legal action against your company for defamation. I have no business with you and will not share information about where I purchase my products. I’m simply waiting for your lawsuit. You don’t sell products—you’re just two people behind a computer sending daily spam emails.
Stop sending your spam emails!
PO
poli
baseless claims that VORYS
VORYS is a law firm that sends letters to 3rd party sellers all over the world telling them that they cannot sell items. Sellers can in fact buy and sell practically every product with very limited exceptions.
We’ve seen many VORYS letters and have extensive experience dealing with their claims.
Many VORYS letters ignore the First Sales Doctrine, which is based upon consumers receiving the same products and benefits, regardless of who is selling them. We have the First Sale Doctrine in the United States, it is different in Europe.
Below are some of the baseless claims that VORYS has asserted against clients:
Product Sourcing: There is no rule that says that you cannot buy products from a department store and resell them.
Unauthorized Seller / Unauthorized to Sell on Certain Sales Channels: Unless outside of the First Sales Doctrine, there’s nothing that can stop you from buying a product and selling it without authorization. Generally, sellers do not need authorization to sell on Amazon. This also applies to reseller agreements. You don’t need a reseller agreement with any brand unless there’s something that takes the product outside of the First Sales Doctrine.
Company Policies & Brand Confusion: Company policy is not a legal claim. As long as you are buying and reselling genuine products, there is no confusion or company policy you need to abide by.
Violations of Trademark: The trademarks of branded items appear directly on the packaging. All you are doing is buying and reselling the same item that a consumer would get from any other seller.
Arbitration: Unless you agree to it, you are not subject to arbitration. You cannot be compelled to arbitrate unless you agree to it.
More unjustified claims that VORYS has asserted against our clients:
Unauthorized Websites: Under the First Sale Doctrine, you are protected on Amazon, eBay, as well as your own website. Under United States law, you are allowed to buy and sell products from where ever you want.
Retail Arbitrage: Many sellers have made promises not to sell products in the past. If you have done this and it is not in writing, chances are that it is not enforceable.
Authorized Claims: If you have the authorization of a brand to sell on a specific channel (Amazon, eBay, Etsy, etc) and there is no contractual prohibition restraining you from selling on other channels, you are fine. This is yet another baseless claim being made by VORYS.
Resale Policies Not Being Followed: These are not intellectual property rights issues.
Brand Integrity: Brand integrity is NOT a legal claim. Buying and selling genuine products does not violate anything.
Harming Brand Reputation: The only thing a seller is doing by buying and reselling an item is undercutting prices, which is better for consumers.
