Great Content Kevin; I will contact our Congress members here in Fl. I love law. Even though I was in the Medical Field for over 27+ Years. I contacted every Congress and State Representives in Fl years ago when I was fighting for my husbands disability issues and one of our local representives backed me up and took it hire and helped me fight his Disability Claims with SS. Boom After 4.5 yrs of fighting w/ in 3 MTHS he finally had his case heard by a judge that was flown over from Puerto Rico and he Won his case rightful sole!!!💪♥️🇺🇸🙏
This allowance of corporations to trample on individual rights should not come as a surprise in light of the direction this country has been headed the last 40+ years.
lmao you mean for the past 112 years since the federal reserve cartel was established in order to enslave us all to debt and to the consistent depreciation of the purchasing power of the dollar. technically peasants and slaves have no rights to begin with only masters to serve. In this case our real masters are corporations who own not only us but also the government itself
Speaking of "First Sale Doctrine" I have a short story. Back when my wife and I were getting started in reselling, we had an Amazon store and used FBA. During our sales, we decided to sell our ORIGINAL Vinyl Record collected we owned since the 1960s and 1970s. I want to make it clear that we did NOT buy any of those albums from a 3rd party, they were purchased at record stores who were licensed sellers of the copyrighted material. So I listed about 50 of the records (used/pre-owned still in jackets). About one month later the RIAA (I assume) contacted Amazon and were were forced to remove all the albums even though we were the original owners. They were VINYL and thus not knockoff cassettes or 8-tacks. I argued with them over the "First Sale Doctrine", and here is how they were able to IGNORE the First Sale Doctrine. They simply told me that we had to provide our ORIGINAL RECEIPTS (from the 60s and 70s) to prove we are the first owners. Well needless to say, most people do NOT keep receipts for items over 40 years old. So the end result was we had to pay to have all the items shipped back from FBA storage to our business. So if you do not have any way to prove you were the first buyer from the licensed reseller, they are going to win the case against you. FYI: I'd also be worried about electronics. If a customer has a fire and damage due to faulty electronics, they will sue you (and an LLC will NOT protect personal assets). Normally you could go after the manufacturer but that is only if you were a licensed redistributor (or first buyer from a license holder) of their product. So you will end up being held responsible as a reseller who is not licensed by them. For example, a Sony product you resell catches on fire and burns down someone's home, if you are not licensed by Sony, have fun in court. Hopefully your business has insurance (most don't) because you may lose your house (LLC will not protect you from liability because a good lawyer will do what's called "Piercing the Corporate Veil". Be cautious, and 99% of the RUclipsrs will not tell you this stuff (most of them don't know it).
lol my dad just told me "well Kevin sells ash trays" lol Got to take my dad out on a sourcing trip over the weekend and had a blast! Love the videos Kevin and love even more my dad knew who you were when i was talking about one of your videos once! Keep up the great content!
they have been for the past 112 years corporations bend the rules and laws because they're above them. with enough money you can buy anything or anyone and this i believe is where the racket begins. It begins at the top. A crony kleptocracy in this case if you will
I don't even care about ebay anymore but I have been getting an email from them that has me a little perplexed. "We see that you have a great track record as a Top Rated Seller, but recently you didn’t meet one or more of the sales, volume or tracking upload goals set for all Top Rated Sellers in the US region". Everything I have sold has been tracked and delivered except for one thing which was a local pickup item. But I check boxed it as delivered. There is no tracking because it was local pickup. So ebay is going to ding me and I guess this is why. Their online help assistant is useless. I am not calling them about it. Screw ebay.
Maybe. My best advice at this point would be to watch the video by Eric Goldman as he is the guy who I think understands it the best. Maybe even attatch that video to anything you give to a rep or in most cases a rep for the rep. LOL
Kevin you are 100% correct. I was an executive in the insurance industry for 29 years and could share MANY stories/cases that were settled because the cost of defense would be too great to defend. And, the insurance companies would pay for the claim KNOWING they were not responsible just to save money as the attorney bills just kept growing. Thanks for sharing this information and the other videos to watch. I appreciate all you do for us re-sellers.
Kevin, thank you for bringing these issues to our attention in a reasonable way. I am glad to contact my representatives in the Senate and Congress. I am wondering if you could make some kind of loose template for people that they could re-word, to catch the attention of their reps. You've clearly gotten the attention of yours, so that might help people who might have a hard time articulating the information well.
The problem is asking our government to step in and help the common man. These are the same people who tax our paychecks our whole working lives then tax the social security money we get when we retire. Money that’s basically been taxed already.
Right now our government is actively working toward eliminating the middle class and people are too stupid to care or do anything about it. What makes us think that people will rally together to stop this? Americans are becoming lazy and naive, they don't research for themselves and that's why we have Go Brandon for president, he is ripping this country to nothing in more ways than one.
Kevin, I completely agree with you and I think you are very knowledgeable about the situation. Is there any way you could compose a form letter that we could all forward to our representatives? I would totally do it.
You are clients all the resellers,,! They need you ! It only need one Lawyer to be abused for no reason to ,,,,! There are new platform that behave different,,, ❤
I doesn't have to be anything crazy or expensive. It could just start as a FB group dedicated to these type of issues only. Communication and support as well as direction for folks who find themselves in this situation could be the beginning point.
Kevin you get a group to file a class action wherein you file suit to go after the brands for damages they are creating and causing. You don’t pay the attorneys until they win and they take their cut then. May have to pay costs but usually that is also taken out at the end. Just have to have your evidence to take to a lawfirm to convince them there is money in it. If they can see the dollars they will jump on it.
'If they can see the dollars they will jump on it" that's a BIG IF!! go read my comments i made on here when lawyers realize there is NO LEGAL defense against the companies or brands because the first sales doctrine ONLY COVERS copyright law (don't believe me go read the supreme court ruling that created the first sales doctrine) COPYRIGHT LAW and TRADMARK LAW are 2 totally DIFFERENT LAWS and if a company or brand is coming after you for TRADEMARK infringement then you cant use the First sales doctrine (Because it only covers Copyright law) brands and companies have wisened up they now know there is NO LAWS On the books regarding TRADEMARK law that helps defend Resellers like The first sales doctrine does under Copyright law this is why they have shifted filing Copyright lawsuits and started to file Trademark Infringement lawsuits ONLY way to stop this is to have an attorney see the injustice here and take a case all the way to the US supreme court and HOPE and PRAY the justices can also see the injustice when it comes to Brands/companies vs Resellers this or having Congress and senate work together and MAKE a MIRROR law just like the first sales doctrine that pertains to TRADEMARK these are the ONLY 2 ways things will get changed for the better for resellers if not we are at the mercy of brands and companies
Thanks so much for the videos Kevin I thought I knew much of this but definitely increased my education. EVERYBODY should be watching the two linked videos you posted.
Thank you for talking about this! The only way we can fight these giant corporations is with our collective power. I have always wondered if some kind of org or “union” for resellers would be possible because I would definitely join, but in the meantime I will be watching these videos and educating myself. Have a good one!
Kevin, I watched the Eric Goldman video and it he breaks it down very well. Can you please have him on your channel soon to discuss this important issue? Thank you so much for being an advocate and leader for our business community which we all love so much!
These potential laws are simply not consumer friendly. Limiting the ability for someone to buy something or even find something is not consumer friendly. Not to mention, we all have the right to sell what we own. Additionally, platforms like Ebay and Amazon should be using their resources to fight this and lobby against it. As it will hurt them as well. Frankly, this stuff is getting out of hand. If they want to protect against fraud and counterfeit, there are less intrustive ways. One way would be stop giving Chinese sellers special shipping rates that are often times so low, it costs them 40 cents to ship compared to $4 or even $10 for us.
How do you sell NASCAR Crew shirts?!? 😢 LOL I get it, but I just can't let go of my race- worn NASCAR stuff. Anyhow, I almost LIVE for your video commentary, and I appreciate the time you put in to comment and educate. Thank you.
If i have items that are factory labeled “😊” brand, can we sell them on eBay without getting sued? Where can a list of products that can’t be sold be found?
In the 90’s I sold kool-aid pouch purses and during that time they started taking down listings that had kool aid in the title. Because we weren’t selling kool aid, it was not allowed. That’s why I stopped selling them. This has been going on a long time.
yes its no secret these YT resellers are making like this is something new when its decades old amazon has really been doing it hardcore for the better part of the last 10 years now eBay is just catching up to amazon in taking down items that brands and or companies do not want you selling its there right as a brand and or company to protect there brand or company
they restricted it because there is NO TRADEMARK Law the ONLY law on the books is the first sales doctrine which covers COPYRIGHT not trademark that is why most MEDIA can be sold on amazon EVERYTHNG else on amazon is a hit or miss if a company wants there BRAND gated on amazon AMAZON gates it plan and simple then if you want to be ungated YOU HAVE TO BUY DIRECTLY from the company or ONE OF ITS AUTHRISED distributors RETAIL arbitrage died decades ago even though seller do it on amazon its a matter of time before amazon catches them and they get suspended for life and YES JUST like amazon had do to this because they got so big the brands and government MADE amazon gate those items and categories EBAY is now under the microscope of the brands and AMAZON this is why i never sold ANYTHING new your more likely to get a brand coming after you if you sold things NEW then used (as the saying goes better safe then sorry) this is just facts based on my 25 years full time reselling experience on both amazon and ebay as well as almost every other platform that has come along since those 2. MOST do not understand that you cant just buy something at RETAIL (like walmart and any other store like it) and then go and resell it online as NEW you have to be an authorized reseller of that item Or the brand can and will come after you under TRADEMARK infringement (again the First sales doctrine does not protect you when brands come after you under Trademark infringement because the first sales doctrine only covers Copyright law NOT trademark Law...don't believe me go read the supreme court ruling that created the first sales doctrine!)
Kevin, I've been wanting to say this for a long time so please don't take this wrong. Can you please use a mounted camera or have someone video you for your RUclipss in the shed? Watching your videos is like being on a boat with rough waters because the camera is constantly going back and forth in every direction. My sister-in-law suffers from motion sickness and she couldn't watch more than a few minutes and got nauseas. I don't have motion sickness but the bobbing camera makes it harder to pay attention to what you are saying . Move around all you want but the camera needs to stay steady.
Next time you are at any store, ask management if it would be ok if you could grab some of their boxes. It's not set in stone but, five times out of ten they'll hook you up. A lot of times their boxes will be broken down and you'll have to put them back together but anyways, just ask, no matter what store you go to, just ask. The worst that could happen is a big fat. No!
@@CC.Caresss Also, there is another way to get the boxes but a lot of folks are understandably hesitant to do so, it's a bit of a grey area but anyways, drive behind the store and see if they're dumpster is heaping full of boxes and grab a bunch and go on about your business. But of course, I do recommend asking management though. But sometimes, they might be, you know, closed? I've never in my life seen anybody get in trouble for it, at least around here in Indiana for example. Another even if all but one store says no, just one would give you more than enough material to last for years. Hope that helps. P.s. I've been doing so for 20 years. So just go out there and make it happen! 😄
@@commonwealthflipper Never say never but i would not see these brands going after the goodwill or the like because in the PUBLICS eyes there NON PROFITS that help out the communities they serve this is why they have not gone after the goodwill or salvation army over the last 30 years of online reselling just think of the PR problem for the companies attacking NON PROFITS that allegedly help out there communities NOPE i do not see brands or companies ever doing that BUT TO RESELLERS who profit for there own personal benefit YEP this is why the brands and companies are coming after resellers and not non profit thrift stores
What if ebay just policed itself with all the ripped off items on its own website, all that is stealing or diverting money from legitimate sellers on ebay. I can find 10 illegitimate items on ebay in less than 20 minutes. I love ebay, but at the same time...
Kevin, my local District 7 rep here in VA is Abigail Spanberger. Shes been in Congress for a couple terms now. Ive reached out to her on a few occasions about reseller issues, and she has been quite helpful, as far as she can be anyway. Abigail is going to be running for Governor of VA next year,.and I think she has a good shot at winning, which would be great for "US." Hopefully, she will be as responsive as she has been in the past. Fingers crossed that she wins...for MANY reasons!!! 🤞😉
PLEASE, please when you end up going before congress over these issues, title the video “Mr. Brown goes to Washington!” Seriously, thank you for looking out for and educating the community with your knowledge.
Tillis is terrible he ran on cutting taxes and I am all for that done the right way. However he and the state gop did away with exemptions and you only get the standard deduction. This was before the feds did the same. NC has a low income tax rate but I tend to owe taxes more often now than ever and the rate is much lower. I guess long story short tillis is a shill for the rich. Sadly I have poor representation in my area they don’t cater to people with a small cheque book. I would be going after amazon and temu if I were the Feds you have to wade through a bushel of fakes to find something good and legit. This is a good reason for a reseller union
Do you think those youtubers who are resellers on Ebay who do "commercials " during their videos for Ebay have been assured by ebay that they'll be protected against litigation if they sell products on the Vero list? I'm asking because the resellers I watch are selling Vero items like crazy with no apparent repercussions. Always great content.
In this political climate when both sides come together you know some shady corporate lobbyists threw a lot of cash at them to do it. Resellers need representation.
Just a heads up, but the powers that be and the companies that want to make all the money are getting laws passed to make reselling illegal because there is plans to have companies rent clothes. And I know that sounds weird, but Google it. So that's the future that they want is you to rent your clothes from big companies. So they can make lots of money. They don't want resellers in the marketplace cause that will kill that concept. If we don't make a concerted effort as resellers to stop this plan in 2024 by 2025, it'll be too late GAME OVER for us.
yep 100% many big brands already have buy back programs! for this main reason! and why you see a lot Certified Refurbished who do you think refurbished it (the company)
20:58 i think a trademark law that sperates NEW and USED would be the prefect law because if your selling a used item your protected if your reselling a NEW item then your not plan and simple i have no issue with a BRAND or company wanting you to be an authorized Reseller/distributor No matter if you have a brick and mortar business or an online business and this is why i have sold 99.9% used items and vintage items for 25 years both on amazon and eBay because brands/companies Majority of the time go after sellers who are doing RETAIL arbitrage and Selling NEW ITEMS not used items and its been NO secret brands and companies have been doing this FOR A LONG time DECADES sellers that resell that way (RETAIL arbitrage) should be PREPARED for that to happen and not say oh well that person is doing the same thing..... if you got pulled over for speeding would you tell a cop that??? i think not! same here!
The reselling of items creates all kinds of trash - boxes, paper, plastic. Not to mention the extra polution from sourcing and shipping. And, lets face it, everything will end up in the trash sooner or later.
I’m getting all hyped up about this issue. You can’t sell an item at your price and ask for it back. Once you sell a painting, any transactions after that is none of your business. You got your retail price. You sold it and that’s where your entitlement to that property ends. My sister gives me gifts all the time. If I choose to sell it then I can. Without a lawsuit. Geeze this is so stupid. I’d be happy to get involved in this ridiculous law.
THINK again go read my comments! what litle do we know! i suggest reading the supreme court ruling that CREATED the First sales doctrine in the first place it has noting to do with TRADMARK its 100% about copyright! the brands Know this now (they use to take sellers to court for copyright and would always lose because of the first sales doctrine IT DOES protect sellers UNDER COPYRIGHT LAW but not TRADEMARK LAW) the brands/companies wisened up and now instead of taking Sellers to court for copyright they take them to court for TRADEMARK infringement its an easy win for the brands/companies because there are NO law currently that protect sellers for trademark infringement like The first sales doctrine protects sellers for Copyright infringement sorry but you cant intertwine the 2 no matter how much you heart wants to
@@bennystratton7734 quit spreading your hopelessness when there's people looking to actually do something. Kevin said in the video that another reseller already got out of this situation.
How does this help the environment? I thought that was everyones big concern. This basically says nothing can be resold because if I don't describe the item properly I can also be sued. This implies facebook, Craigslist etc. will be faceless seach engines.
If they look into the tax money they might lose by restricting these sales that might change their mind also . And you would think eBay would fight this harder because it will not stop at one company or product that could eventually shut eBay down
Sorry Kevin whatnot is a bad platform for buyers never get the free $10 unless I give all my personal information. Don't trust it. Keep it up your inspiration is awesome
@@commonwealthflipper of course you knew that. But what I meant by it is, who’s in the wringer on that? The person who made it or the person wearing it? It’s was likely a gift rather than a sale. KJ would be honored for Taylor to wear one of her creations. Maybe more so before Sb58 than after 😅
yes that is why it USED selling wont get brands or companies coming after you BUT if your selling a new care and your not a authorized dealer guess what that brand or car maker is going to come after same with reselling online if you sell NEW brands and companies are going to target you compared to selling USED (they hardly if ever target Sellers selling USED items) resellers should know this going into reselling its nothing new brands have been doing this for decades
Thanks for mentioning that the support for this is coming from both parties. Because it is. Both parties are fighting against our interest as resellers. Counterfeits have been sold in this country for decades with little being done to stop it. So I think the main impetus for these bills/laws is retail theft. And that is definitely going to bring in the republican politicians to support these laws.
btw just to clarify the right is not only in it to stop the Chinese sellers we all know the right is also in this to help big business facts no matter if you like it or not
So are you hinting at a reseller union ? Dues goes to member lawsuits... what else can protect all resellers that are trying to do things correctly but are getting punished by greedy corporations. I don't like unions they tend to defend even folks that are clearly not doing things correctly or on the up & up. IDK no easy answers or clear path for us just trying to live & pay bills
A place to support other resellers who find themselves in these situations. A place to communicate. More like a FB group or discord that is part of an organization that has connections to the right people to get things resolved.
@@commonwealthflipper so a union without the union title unfortunately no one will take resellers seriously without forming a union forming a group just wont cut it
I watched the professor video, but like many intellectuals sorry it was dry, and it just took forever to get to the point and the point is can you produce a video that shows a prime example instead of talking in vague generalities and I appreciate the effort you put forth here, but if we’re talking about someone getting taken down on eBay or any platform or platforms because they were selling product deemed to be a trademark or copyright infringement & I guess one is different than the other which again only further confuses the issue but if we could just see a case or two, whereby they were selling whatever-but were taken down or told to stop, it would be helpful because as of right now I would bet most of your viewers have no clue what the infringement is
copyright infringement is protected by the first sales doctrine (most like to throw that law around and intertwine them with trademark law when the first sales doctrine has nothing to do with trademark law) so your right copyright law and trademark law are 2 totally separate things First sales doctrine gives you permission to sell a copyrighted material like a book or any media item as long is its not a boot leg or something this is codified under the constitution and the supreme court ruling that created the first sales doctrine it does not protect a reseller when it comes to Trademark law (again copyright law and trademark law are 2 different things resellers need to understand this i mean its very simple to understand)
thanks but a video showing a seller or sellers being sued because of what they were selling or an example i.e. if you try selling “this” you’ll be in trouble….would be very helpful
You can't sell ^just about anything^ have you seen the list of things you're not able to sell on ebay, that are perfectly legal to sell...? To bad ebay didn't open in Texas.
As with so many other things this is about politics and greed. The reality is it’s very short sighted thinking. On paper it sounds good, restrict second hand sales to keep all the sales for you. What they don’t take into consideration is just how many people start by buying a used item and end up buying new at some point. I’m always amazed at how so many companies don’t seem to want to sell their stuff! Second hand sales are the equivalent of word of mouth marketing and it’s free for the original seller! Especially good for niche items that aren’t advertised much. I’ve said this before, but if companies what to restrict their products on the secondary market, they have to allow “trade-ins” or just flat out buy back programs. Over zealous lawyers have always been a problem but it seems to getting worse.
its not politics if you sell a new product are you going to offer the same warranty as the company and authorized dealers do of course not THIS IS why companies and brands go after reseller's because if they do not offer the same warranties there HURTING THE BRAND and or COMPANY the brands and companies have every right to Protect there brand this is why most brand s and companies go after Sellers selling new items vs used items this is why technsportrs will not sell New items he will list new items as used and why i have sold 99.9% USED and vintage items because i know by doing that it cuts down the risk of brand coming after me Sorry sellers should know all about this before Jumping into reselling is called doing some research sellers want to play retail arbitrage then they need to research and know brands and companies coming after them and platform's suspending them are part of that business model they want to play that game more power to them personally risking my accounts on the platforms i sell on is not worth the risk to me
Benny this is simply not true and does not stand up. So are you saying that I can resell a choclate bar too. It doesn't have a warranty. Not to mention it is very easy to understand that an item does not come with and item on ebay. If it is that hard ebay can add that to every listing description. I am very glad that your argument does not stand the scrutinty of most courts nor the consitution. Not to mention many folks including myself have had to deal with issues on used items as well.
It’s time for people to start boycotting these brands that are trying to be tyrannical. Most people won’t though because their rich friend next door wears it so they want to fit in even if they have to pay 5 times the price for it because they can’t buy it on eBay anymore. 🤦♂️
WHY can't these name brands realize that a loyal following of their products might ( and probably will ) ensue AFTER a purchase of a used item with their name on it. ALSO - I have seen instances where litigation companies go after people unbeknownst to the original proprietor, and the entity has gone out of their way to make it right. Sometimes it's just the stoopid litigation companies who do this stuff.
This is so unfair. People today want to just settle so they will be left alone. After hearing about this a friend wanted to have a sale and get rid of everything & stop her part time resale shop. It all scares her. So what is next, shutting down Market place, eBay, Mercari, Poshmark, Thread up, What Not??? etc. etc. This makes NO sense at all. We just went to a library sale, fill a bag for $. So will we be in trouble for reselling a Betty Crocker Cookbook? None of this makes any sense.
Its mainly NEW items or retail arbitrage its NOTHING NEW brands companies have been using TRADEMARK law for decades to protect the RESALE of there products as NEW they HARDLY if ever come after sellers for reselling USED items so if you sell used YOUR GOOD TO GO NO WORRIES and a book would be covered under first sales doctrine which has to do with copyrighted products and allows copyrighted material like books to be resold go read the FEDERAL supreme court ruling that codifies this
4:44 Kevin sorry to say your wrong on this issue like you were with the Gross vs Net issue the first sale doctrine only covers Copyright NOT trademark there 2 totally different issues so i suggest if your gung ho on this you get congress or the senate to pass new laws regarding TRADEMARK not copyright get them to write the same law as the first sales doctrine (copyright law) and Make Specific toward Trademark this is the only way to win or the brands will continue to win going into the future if there is NO trademark law like there is the copyright law or as you refer to it the first sales doctrine there is not sense to worry about. first sale doctrine is regarding copyright law it gave sellers the right to resell copyrighted material Specifically Media i have been doing this 25 years full time i know what im talking about Brands use the Trademark loophole so to say because they KNOW First sales doctrine covers ONLY Copyright NOT trademark so i suggest all sellers in all 50 states contact there congress person and senators to write new LAW that copies the First sales doctrine but pertains to TRADEMARK this will protect sellers down line if a law is not created and passed sellers will only be protected when it comes to COPYRIGHT but not TRADEMARK
The first sale doctrine, codified at 17 U.S.C. § 109, provides that an individual who knowingly purchases a copy of a copyrighted work from the copyright holder receives the right to sell, display or otherwise dispose of that particular copy, notwithstanding the interests of the copyright owner.
Authorized resellers routinely engage in retail arbitrage, but secure licensing agreements which allow them to advertise using manufacturer trademarks. Because unauthorized resellers do not have a license to use a manufacturer’s trademarks, it’s very easy for them to sued for infringement. again First sales doctrine does not PROTECT against TRADEMARK Infringement or IP infringement it PROECTS sellers against COPYRIGHT infringement again very easy to understand that COPYRIGHT LAW and TRADEMARK LAW are 2 totally different subjects and issues why is that so hard for resellers to understand
I was thinking that "these companies" are suing more because the spending is down. These companies may be trying to bring in income by suing the mom/pop small biz people. I imagine we will see an increase of the suing/lawsuits. The big business want to be I'm control and eliminate the small people.
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Thank you, Kevin, for bringing these issues to our attention. Reselling sure has gotten a lot more complicated than it was when I first started.
Great Content Kevin; I will contact our Congress members here in Fl. I love law. Even though I was in the Medical Field for over 27+ Years. I contacted every Congress and State Representives in Fl years ago when I was fighting for my husbands disability issues and one of our local representives backed me up and took it hire and helped me fight his Disability Claims with SS. Boom After 4.5 yrs of fighting w/ in 3 MTHS he finally had his case heard by a judge that was flown over from Puerto Rico and he Won his case rightful sole!!!💪♥️🇺🇸🙏
This allowance of corporations to trample on individual rights should not come as a surprise in light of the direction this country has been headed the last 40+ years.
The direction being corrupt congress on both sides supported by the money of big business.
lmao you mean for the past 112 years since the federal reserve cartel was established in order to enslave us all to debt and to the consistent depreciation of the purchasing power of the dollar. technically peasants and slaves have no rights to begin with only masters to serve. In this case our real masters are corporations who own not only us but also the government itself
kevin, you staying educated on this & sharing the word is huge. I want to THANK YOU for doing this and fighting for us
BLESS YOU!! THANK YOU FOR GREAT INFORMATION!!!! 👏👏👏👏
Speaking of "First Sale Doctrine" I have a short story. Back when my wife and I were getting started in reselling, we had an Amazon store and used FBA. During our sales, we decided to sell our ORIGINAL Vinyl Record collected we owned since the 1960s and 1970s. I want to make it clear that we did NOT buy any of those albums from a 3rd party, they were purchased at record stores who were licensed sellers of the copyrighted material. So I listed about 50 of the records (used/pre-owned still in jackets). About one month later the RIAA (I assume) contacted Amazon and were were forced to remove all the albums even though we were the original owners. They were VINYL and thus not knockoff cassettes or 8-tacks. I argued with them over the "First Sale Doctrine", and here is how they were able to IGNORE the First Sale Doctrine. They simply told me that we had to provide our ORIGINAL RECEIPTS (from the 60s and 70s) to prove we are the first owners. Well needless to say, most people do NOT keep receipts for items over 40 years old. So the end result was we had to pay to have all the items shipped back from FBA storage to our business.
So if you do not have any way to prove you were the first buyer from the licensed reseller, they are going to win the case against you.
FYI: I'd also be worried about electronics. If a customer has a fire and damage due to faulty electronics, they will sue you (and an LLC will NOT protect personal assets). Normally you could go after the manufacturer but that is only if you were a licensed redistributor (or first buyer from a license holder) of their product. So you will end up being held responsible as a reseller who is not licensed by them. For example, a Sony product you resell catches on fire and burns down someone's home, if you are not licensed by Sony, have fun in court. Hopefully your business has insurance (most don't) because you may lose your house (LLC will not protect you from liability because a good lawyer will do what's called "Piercing the Corporate Veil".
Be cautious, and 99% of the RUclipsrs will not tell you this stuff (most of them don't know it).
The politicians work for the corporations. They own stock in big businesses not small businesses.
How in the fluck do they claim a word is intellectual property, it's a brand in the public discourse. Insane!
lol my dad just told me "well Kevin sells ash trays" lol Got to take my dad out on a sourcing trip over the weekend and had a blast! Love the videos Kevin and love even more my dad knew who you were when i was talking about one of your videos once! Keep up the great content!
I'd assume all politicians are being paid under the table.
they have been for the past 112 years corporations bend the rules and laws because they're above them. with enough money you can buy anything or anyone and this i believe is where the racket begins. It begins at the top. A crony kleptocracy in this case if you will
Most of them are paid by some company or another. Corporations have gotten too big and too strong.
I don't even care about ebay anymore but I have been getting an email from them that has me a little perplexed. "We see that you have a great track record as a Top Rated Seller, but recently you didn’t meet one or more of the sales, volume or tracking upload goals set for all Top Rated Sellers in the US region". Everything I have sold has been tracked and delivered except for one thing which was a local pickup item. But I check boxed it as delivered. There is no tracking because it was local pickup. So ebay is going to ding me and I guess this is why. Their online help assistant is useless. I am not calling them about it. Screw ebay.
Thank you Kevin! Appreciate your insight, once a teacher, always a teacher...
Kevin, I don’t know how comfortable you would feel about this. But I would genuinely love a template on how to present this to my state reps.
Maybe. My best advice at this point would be to watch the video by Eric Goldman as he is the guy who I think understands it the best. Maybe even attatch that video to anything you give to a rep or in most cases a rep for the rep. LOL
Kevin you are 100% correct. I was an executive in the insurance industry for 29 years and could share MANY stories/cases that were settled because the cost of defense would be too great to defend. And, the insurance companies would pay for the claim KNOWING they were not responsible just to save money as the attorney bills just kept growing. Thanks for sharing this information and the other videos to watch. I appreciate all you do for us re-sellers.
Kevin, thank you for bringing these issues to our attention in a reasonable way. I am glad to contact my representatives in the Senate and Congress. I am wondering if you could make some kind of loose template for people that they could re-word, to catch the attention of their reps. You've clearly gotten the attention of yours, so that might help people who might have a hard time articulating the information well.
The problem is asking our government to step in and help the common man. These are the same people who tax our paychecks our whole working lives then tax the social security money we get when we retire. Money that’s basically been taxed already.
Right now our government is actively working toward eliminating the middle class and people are too stupid to care or do anything about it. What makes us think that people will rally together to stop this? Americans are becoming lazy and naive, they don't research for themselves and that's why we have Go Brandon for president, he is ripping this country to nothing in more ways than one.
Right?
Love the channel dude! About to start picking part-time. Hopefully scale to full-time. Been binge watching, trying to learn all I can.
Kevin, I completely agree with you and I think you are very knowledgeable about the situation. Is there any way you could compose a form letter that we could all forward to our representatives? I would totally do it.
I think maybe finding someone like Eric Goldman to do such a letter would be ideal or at least provide guidance for it.
@@commonwealthflipper sounds good. Keep us posted.
Garth Brooks and Metallica started all this BS with Napster and wanting more cash every time one of their USED CDs sold.
Pure Greed.
You are clients all the resellers,,!
They need you !
It only need one Lawyer to be abused for no reason to ,,,,!
There are new platform that behave different,,,
❤
Where do we come together collectively?
Wow j-holes follow this channel too! who knew
I doesn't have to be anything crazy or expensive. It could just start as a FB group dedicated to these type of issues only. Communication and support as well as direction for folks who find themselves in this situation could be the beginning point.
Kevin you get a group to file a class action wherein you file suit to go after the brands for damages they are creating and causing. You don’t pay the attorneys until they win and they take their cut then. May have to pay costs but usually that is also taken out at the end. Just have to have your evidence to take to a lawfirm to convince them there is money in it. If they can see the dollars they will jump on it.
'If they can see the dollars they will jump on it" that's a BIG IF!! go read my comments i made on here when lawyers realize there is NO LEGAL defense against the companies or brands because the first sales doctrine ONLY COVERS copyright law (don't believe me go read the supreme court ruling that created the first sales doctrine) COPYRIGHT LAW and TRADMARK LAW are 2 totally DIFFERENT LAWS and if a company or brand is coming after you for TRADEMARK infringement then you cant use the First sales doctrine (Because it only covers Copyright law) brands and companies have wisened up they now know there is NO LAWS On the books regarding TRADEMARK law that helps defend Resellers like The first sales doctrine does under Copyright law this is why they have shifted filing Copyright lawsuits and started to file Trademark Infringement lawsuits ONLY way to stop this is to have an attorney see the injustice here and take a case all the way to the US supreme court and HOPE and PRAY the justices can also see the injustice when it comes to Brands/companies vs Resellers this or having Congress and senate work together and MAKE a MIRROR law just like the first sales doctrine that pertains to TRADEMARK these are the ONLY 2 ways things will get changed for the better for resellers if not we are at the mercy of brands and companies
Thanks so much for the videos Kevin I thought I knew much of this but definitely increased my education. EVERYBODY should be watching the two linked videos you posted.
This happened to us a few years back selling a "your baby can read dvd set and got me for $1500 bucks to get off the lawsuit".
Thank you for talking about this! The only way we can fight these giant corporations is with our collective power. I have always wondered if some kind of org or “union” for resellers would be possible because I would definitely join, but in the meantime I will be watching these videos and educating myself. Have a good one!
Kevin, I watched the Eric Goldman video and it he breaks it down very well. Can you please have him on your channel soon to discuss this important issue? Thank you so much for being an advocate and leader for our business community which we all love so much!
This is scary. Good morning all!😊
These potential laws are simply not consumer friendly. Limiting the ability for someone to buy something or even find something is not consumer friendly. Not to mention, we all have the right to sell what we own.
Additionally, platforms like Ebay and Amazon should be using their resources to fight this and lobby against it. As it will hurt them as well.
Frankly, this stuff is getting out of hand. If they want to protect against fraud and counterfeit, there are less intrustive ways. One way would be stop giving Chinese sellers special shipping rates that are often times so low, it costs them 40 cents to ship compared to $4 or even $10 for us.
Vintage Sunbeam is nice. I just picked up a $80-100 mixmaster for $15 at Goodwill.
How do you sell NASCAR Crew shirts?!? 😢 LOL I get it, but I just can't let go of my race- worn NASCAR stuff.
Anyhow, I almost LIVE for your video commentary, and I appreciate the time you put in to comment and educate. Thank you.
If i have items that are factory labeled “😊” brand, can we sell them on eBay without getting sued? Where can a list of products that can’t be sold be found?
In the 90’s I sold kool-aid pouch purses and during that time they started taking down listings that had kool aid in the title. Because we weren’t selling kool aid, it was not allowed. That’s why I stopped selling them. This has been going on a long time.
yes its no secret these YT resellers are making like this is something new when its decades old amazon has really been doing it hardcore for the better part of the last 10 years now eBay is just catching up to amazon in taking down items that brands and or companies do not want you selling its there right as a brand and or company to protect there brand or company
Thanks
Amazon restricted just about everything. That's why a lot of resellers left. I hope ebay doesn't follow suit.
they restricted it because there is NO TRADEMARK Law the ONLY law on the books is the first sales doctrine which covers COPYRIGHT not trademark that is why most MEDIA can be sold on amazon EVERYTHNG else on amazon is a hit or miss if a company wants there BRAND gated on amazon AMAZON gates it plan and simple then if you want to be ungated YOU HAVE TO BUY DIRECTLY from the company or ONE OF ITS AUTHRISED distributors RETAIL arbitrage died decades ago even though seller do it on amazon its a matter of time before amazon catches them and they get suspended for life and YES JUST like amazon had do to this because they got so big the brands and government MADE amazon gate those items and categories EBAY is now under the microscope of the brands and AMAZON this is why i never sold ANYTHING new your more likely to get a brand coming after you if you sold things NEW then used (as the saying goes better safe then sorry) this is just facts based on my 25 years full time reselling experience on both amazon and ebay as well as almost every other platform that has come along since those 2. MOST do not understand that you cant just buy something at RETAIL (like walmart and any other store like it) and then go and resell it online as NEW you have to be an authorized reseller of that item Or the brand can and will come after you under TRADEMARK infringement (again the First sales doctrine does not protect you when brands come after you under Trademark infringement because the first sales doctrine only covers Copyright law NOT trademark Law...don't believe me go read the supreme court ruling that created the first sales doctrine!)
😳
It's for safety, to minimize scam and frauds, and for people not to use their platform to sell fakes
What do you mean Amazon restricted just about everything? Like what? Why?
@user-bn9oo9ny4l what did Amazon restrict, and why? What safety reasons?
I suspect the difficulties that have come are the oligarchs don't want all people to be financially independent or wealthy.
Kevin, I've been wanting to say this for a long time so please don't take this wrong. Can you please use a mounted camera or have someone video you for your RUclipss in the shed? Watching your videos is like being on a boat with rough waters because the camera is constantly going back and forth in every direction. My sister-in-law suffers from motion sickness and she couldn't watch more than a few minutes and got nauseas.
I don't have motion sickness but the bobbing camera makes it harder to pay attention to what you are saying . Move around all you want but the camera needs to stay steady.
Where do you find your boxes 📦 you use? And plastic bags for separating your items?
Next time you are at any store, ask management if it would be ok if you could grab some of their boxes. It's not set in stone but, five times out of ten they'll hook you up. A lot of times their boxes will be broken down and you'll have to put them back together but anyways, just ask, no matter what store you go to, just ask. The worst that could happen is a big fat. No!
@@tomcostin6976 thank you so much!
@@CC.Caresss you are welcome.
@@CC.Caresss Also, there is another way to get the boxes but a lot of folks are understandably hesitant to do so, it's a bit of a grey area but anyways, drive behind the store and see if they're dumpster is heaping full of boxes and grab a bunch and go on about your business. But of course, I do recommend asking management though. But sometimes, they might be, you know, closed? I've never in my life seen anybody get in trouble for it, at least around here in Indiana for example. Another even if all but one store says no, just one would give you more than enough material to last for years. Hope that helps. P.s. I've been doing so for 20 years. So just go out there and make it happen! 😄
Actually, if you end up being successful in this endeavor, shoot me a comment back and tell me how it went. Thanks. Tom.
seems this would impact the thrift stores as well.
To much time and money for these companies
@@commonwealthflipper Never say never but i would not see these brands going after the goodwill or the like because in the PUBLICS eyes there NON PROFITS that help out the communities they serve this is why they have not gone after the goodwill or salvation army over the last 30 years of online reselling just think of the PR problem for the companies attacking NON PROFITS that allegedly help out there communities NOPE i do not see brands or companies ever doing that BUT TO RESELLERS who profit for there own personal benefit YEP this is why the brands and companies are coming after resellers and not non profit thrift stores
Hey Oh!!
What if ebay just policed itself with all the ripped off items on its own website, all that is stealing or diverting money from legitimate sellers on ebay. I can find 10 illegitimate items on ebay in less than 20 minutes. I love ebay, but at the same time...
What rockstar flipper video are you referring to?
Kevin, my local District 7 rep here in VA is Abigail Spanberger. Shes been in Congress for a couple terms now. Ive reached out to her on a few occasions about reseller issues, and she has been quite helpful, as far as she can be anyway. Abigail is going to be running for Governor of VA next year,.and I think she has a good shot at winning, which would be great for "US." Hopefully, she will be as responsive as she has been in the past. Fingers crossed that she wins...for MANY reasons!!! 🤞😉
PLEASE, please when you end up going before congress over these issues, title the video “Mr. Brown goes to Washington!”
Seriously, thank you for looking out for and educating the community with your knowledge.
Tillis is terrible he ran on cutting taxes and I am all for that done the right way. However he and the state gop did away with exemptions and you only get the standard deduction. This was before the feds did the same. NC has a low income tax rate but I tend to owe taxes more often now than ever and the rate is much lower. I guess long story short tillis is a shill for the rich. Sadly I have poor representation in my area they don’t cater to people with a small cheque book. I would be going after amazon and temu if I were the Feds you have to wade through a bushel of fakes to find something good and legit. This is a good reason for a reseller union
Thinking the "rich" are paying more in taxes since all they would get is the standard deduction as well. Think about it.
Do you think those youtubers who are resellers on Ebay who do "commercials " during their videos for Ebay have been assured by ebay that they'll be protected against litigation if they sell products on the Vero list? I'm asking because the resellers I watch are selling Vero items like crazy with no apparent repercussions. Always great content.
No and I have not seen any youtubers do ads on youtube at all for ebay. I was referring to the viewers question and assuming it was on Instagram.
In this political climate when both sides come together you know some shady corporate lobbyists threw a lot of cash at them to do it. Resellers need representation.
what the hell does it matter to them what we do with items that would've ended up in the garbage or the landfill anyway
Exactly!
Money. It cuts into profits.
Just a heads up, but the powers that be and the companies that want to make all the money are getting laws passed to make reselling illegal because there is plans to have companies rent clothes. And I know that sounds weird, but Google it. So that's the future that they want is you to rent your clothes from big companies. So they can make lots of money. They don't want resellers in the marketplace cause that will kill that concept. If we don't make a concerted effort as resellers to stop this plan in 2024 by 2025, it'll be too late GAME OVER for us.
yep 100% many big brands already have buy back programs! for this main reason! and why you see a lot Certified Refurbished who do you think refurbished it (the company)
20:58 i think a trademark law that sperates NEW and USED would be the prefect law because if your selling a used item your protected if your reselling a NEW item then your not plan and simple i have no issue with a BRAND or company wanting you to be an authorized Reseller/distributor No matter if you have a brick and mortar business or an online business and this is why i have sold 99.9% used items and vintage items for 25 years both on amazon and eBay because brands/companies Majority of the time go after sellers who are doing RETAIL arbitrage and Selling NEW ITEMS not used items and its been NO secret brands and companies have been doing this FOR A LONG time DECADES sellers that resell that way (RETAIL arbitrage) should be PREPARED for that to happen and not say oh well that person is doing the same thing..... if you got pulled over for speeding would you tell a cop that??? i think not! same here!
I don't agree. We have the right to sell new items as well. If it was previously purchased it does not matter.
Where are the links to the videos you recommended? I waded through all the affiliate links and could not see them. I'm on a desktop if that matters.
ruclips.net/video/mtMQXITsm5Q/видео.htmlsi=77lSJUo7hKouKcmY
Probably ban garage sales too
It's already illegal to have garage sales every weekend in Chicago. It's illegal to have a yard sale without applying for a permit
The alternative to allowing resale is to hurt the environment by making these items trash. Do these companies really want that bad press?
The reselling of items creates all kinds of trash - boxes, paper, plastic. Not to mention the extra polution from sourcing and shipping. And, lets face it, everything will end up in the trash sooner or later.
@@JimiHL Yes. But a new item wasn't created for landfill. Reduce, reuse, recycle. It works.
I’m wondering how this affects us on the other side of the pond.
Different laws over there I’m sure
I’m getting all hyped up about this issue. You can’t sell an item at your price and ask for it back. Once you sell a painting, any transactions after that is none of your business. You got your retail price. You sold it and that’s where your entitlement to that property ends. My sister gives me gifts all the time. If I choose to sell it then I can. Without a lawsuit. Geeze this is so stupid. I’d be happy to get involved in this ridiculous law.
So would i
THINK again go read my comments! what litle do we know! i suggest reading the supreme court ruling that CREATED the First sales doctrine in the first place it has noting to do with TRADMARK its 100% about copyright! the brands Know this now (they use to take sellers to court for copyright and would always lose because of the first sales doctrine IT DOES protect sellers UNDER COPYRIGHT LAW but not TRADEMARK LAW) the brands/companies wisened up and now instead of taking Sellers to court for copyright they take them to court for TRADEMARK infringement its an easy win for the brands/companies because there are NO law currently that protect sellers for trademark infringement like The first sales doctrine protects sellers for Copyright infringement sorry but you cant intertwine the 2 no matter how much you heart wants to
@@bennystratton7734 quit spreading your hopelessness when there's people looking to actually do something. Kevin said in the video that another reseller already got out of this situation.
We will soon jump ship, there is a new VR platform coming.
🎶 Caaalllllllll for Superchicken! Bawk Bawk Bawk Bawk! 🐔
How does this help the environment? I thought that was everyones big concern.
This basically says nothing can be resold because if I don't describe the item properly I can also be sued. This implies facebook, Craigslist etc. will be faceless seach engines.
If they look into the tax money they might lose by restricting these sales that might change their mind also . And you would think eBay would fight this harder because it will not stop at one company or product that could eventually shut eBay down
Kevin, i'm for starting a group with you.
Sorry Kevin whatnot is a bad platform for buyers never get the free $10 unless I give all my personal information. Don't trust it. Keep it up your inspiration is awesome
thanks
Taylor swift didn't make that jacket someone else did. But THAT someone didn't have pockets as deep as Taylor Swift.....
I realize she didn’t make the jacket.
@@commonwealthflipper of course you knew that. But what I meant by it is, who’s in the wringer on that? The person who made it or the person wearing it? It’s was likely a gift rather than a sale. KJ would be honored for Taylor to wear one of her creations. Maybe more so before Sb58 than after 😅
isn't the used car business the largest form of reselling ?
yes that is why it USED selling wont get brands or companies coming after you BUT if your selling a new care and your not a authorized dealer guess what that brand or car maker is going to come after same with reselling online if you sell NEW brands and companies are going to target you compared to selling USED (they hardly if ever target Sellers selling USED items) resellers should know this going into reselling its nothing new brands have been doing this for decades
@@bennystratton7734Learn about punctuation.
Thanks for mentioning that the support for this is coming from both parties. Because it is. Both parties are fighting against our interest as resellers. Counterfeits have been sold in this country for decades with little being done to stop it. So I think the main impetus for these bills/laws is retail theft. And that is definitely going to bring in the republican politicians to support these laws.
btw just to clarify the right is not only in it to stop the Chinese sellers we all know the right is also in this to help big business facts no matter if you like it or not
@@bennystratton7734 Yes, large retail stores and businesses were the ones lobbying for these bills IIRC.
So are you hinting at a reseller union ?
Dues goes to member lawsuits...
what else can protect all resellers that are trying to do things correctly but are getting punished by greedy corporations. I don't like unions they tend to defend even folks that are clearly not doing things correctly or on the up & up. IDK no easy answers or clear path for us just trying to live & pay bills
No. Not a union.
A place to support other resellers who find themselves in these situations. A place to communicate. More like a FB group or discord that is part of an organization that has connections to the right people to get things resolved.
@@commonwealthflipper so a union without the union title unfortunately no one will take resellers seriously without forming a union forming a group just wont cut it
Can't sell V.E.L.C.R.O...
Yes you can. You can't use the word in a title.
I watched the professor video, but like many intellectuals sorry it was dry, and it just took forever to get to the point and the point is can you produce a video that shows a prime example instead of talking in vague generalities and I appreciate the effort you put forth here, but if we’re talking about someone getting taken down on eBay or any platform or platforms because they were selling product deemed to be a trademark or copyright infringement & I guess one is different than the other which again only further confuses the issue but if we could just see a case or two, whereby they were selling whatever-but were taken down or told to stop, it would be helpful because as of right now I would bet most of your viewers have no clue what the infringement is
copyright infringement is protected by the first sales doctrine (most like to throw that law around and intertwine them with trademark law when the first sales doctrine has nothing to do with trademark law) so your right copyright law and trademark law are 2 totally separate things First sales doctrine gives you permission to sell a copyrighted material like a book or any media item as long is its not a boot leg or something this is codified under the constitution and the supreme court ruling that created the first sales doctrine it does not protect a reseller when it comes to Trademark law (again copyright law and trademark law are 2 different things resellers need to understand this i mean its very simple to understand)
thanks but a video showing a seller or sellers being sued because of what they were selling or an example i.e. if you try selling “this” you’ll be in trouble….would be very helpful
Everything is a partisan issue
Its making it harder for resellers it needs to stop. Kevin thank you for covering this subject🥰. Chanel just sue a consigment shop for 4million🤔
You can't sell ^just about anything^ have you seen the list of things you're not able to sell on ebay, that are perfectly legal to sell...? To bad ebay didn't open in Texas.
As with so many other things this is about politics and greed. The reality is it’s very short sighted thinking. On paper it sounds good, restrict second hand sales to keep all the sales for you. What they don’t take into consideration is just how many people start by buying a used item and end up buying new at some point. I’m always amazed at how so many companies don’t seem to want to sell their stuff! Second hand sales are the equivalent of word of mouth marketing and it’s free for the original seller! Especially good for niche items that aren’t advertised much. I’ve said this before, but if companies what to restrict their products on the secondary market, they have to allow “trade-ins” or just flat out buy back programs. Over zealous lawyers have always been a problem but it seems to getting worse.
its not politics if you sell a new product are you going to offer the same warranty as the company and authorized dealers do of course not THIS IS why companies and brands go after reseller's because if they do not offer the same warranties there HURTING THE BRAND and or COMPANY the brands and companies have every right to Protect there brand this is why most brand s and companies go after Sellers selling new items vs used items this is why technsportrs will not sell New items he will list new items as used and why i have sold 99.9% USED and vintage items because i know by doing that it cuts down the risk of brand coming after me Sorry sellers should know all about this before Jumping into reselling is called doing some research sellers want to play retail arbitrage then they need to research and know brands and companies coming after them and platform's suspending them are part of that business model they want to play that game more power to them personally risking my accounts on the platforms i sell on is not worth the risk to me
Benny this is simply not true and does not stand up. So are you saying that I can resell a choclate bar too. It doesn't have a warranty. Not to mention it is very easy to understand that an item does not come with and item on ebay. If it is that hard ebay can add that to every listing description. I am very glad that your argument does not stand the scrutinty of most courts nor the consitution. Not to mention many folks including myself have had to deal with issues on used items as well.
It’s time for people to start boycotting these brands that are trying to be tyrannical. Most people won’t though because their rich friend next door wears it so they want to fit in even if they have to pay 5 times the price for it because they can’t buy it on eBay anymore. 🤦♂️
WHY can't these name brands realize that a loyal following of their products might ( and probably will ) ensue AFTER a purchase of a used item with their name on it. ALSO - I have seen instances where litigation companies go after people unbeknownst to the original proprietor, and the entity has gone out of their way to make it right. Sometimes it's just the stoopid litigation companies who do this stuff.
I've never understood how jumping on an existing listing on Amazon encroaches on anybody's IP. It's ridiculous.
I found out the other day that Gerber owns the word “onesie” and eBay made me delete it from my listing lol
yes they do so you want to use the word you need to pay them a royalty plain and simple
Spell it differently. One-zee.
Won zee. Onesee. OneSzee. Wunzee. One-zee.
This is so unfair. People today want to just settle so they will be left alone. After hearing about this a friend wanted to have a sale and get rid of everything & stop her part time resale shop. It all scares her. So what is next, shutting down Market place, eBay, Mercari, Poshmark, Thread up, What Not??? etc. etc. This makes NO sense at all.
We just went to a library sale, fill a bag for $. So will we be in trouble for reselling a Betty Crocker Cookbook? None of this makes any sense.
Its mainly NEW items or retail arbitrage its NOTHING NEW brands companies have been using TRADEMARK law for decades to protect the RESALE of there products as NEW they HARDLY if ever come after sellers for reselling USED items so if you sell used YOUR GOOD TO GO NO WORRIES and a book would be covered under first sales doctrine which has to do with copyrighted products and allows copyrighted material like books to be resold go read the FEDERAL supreme court ruling that codifies this
“There is one thing you should learn , when there is no one else to turn to, Call for Super Kevin (puk puk puk puk) Call for Super Kevin (puk ack!)”
4:44 Kevin sorry to say your wrong on this issue like you were with the Gross vs Net issue the first sale doctrine only covers Copyright NOT trademark there 2 totally different issues so i suggest if your gung ho on this you get congress or the senate to pass new laws regarding TRADEMARK not copyright get them to write the same law as the first sales doctrine (copyright law) and Make Specific toward Trademark this is the only way to win or the brands will continue to win going into the future if there is NO trademark law like there is the copyright law or as you refer to it the first sales doctrine there is not sense to worry about. first sale doctrine is regarding copyright law it gave sellers the right to resell copyrighted material Specifically Media i have been doing this 25 years full time i know what im talking about Brands use the Trademark loophole so to say because they KNOW First sales doctrine covers ONLY Copyright NOT trademark so i suggest all sellers in all 50 states contact there congress person and senators to write new LAW that copies the First sales doctrine but pertains to TRADEMARK this will protect sellers down line if a law is not created and passed sellers will only be protected when it comes to COPYRIGHT but not TRADEMARK
The first sale doctrine, codified at 17 U.S.C. § 109, provides that an individual who knowingly purchases a copy of a copyrighted work from the copyright holder receives the right to sell, display or otherwise dispose of that particular copy, notwithstanding the interests of the copyright owner.
Authorized resellers routinely engage in retail arbitrage, but secure licensing agreements which allow them to advertise using manufacturer trademarks.
Because unauthorized resellers do not have a license to use a manufacturer’s trademarks, it’s very easy for them to sued for infringement.
again First sales doctrine does not PROTECT against TRADEMARK Infringement or IP infringement it PROECTS sellers against COPYRIGHT infringement again very easy to understand that COPYRIGHT LAW and TRADEMARK LAW are 2 totally different subjects and issues why is that so hard for resellers to understand
Your son told a funny joke...😅😅😅😅
I was thinking that "these companies" are suing more because the spending is down. These companies may be trying to bring in income by suing the mom/pop small biz people. I imagine we will see an increase of the suing/lawsuits. The big business want to be I'm control and eliminate the small people.
Fake sale lol
I don’t understand what all those big words mean. Can we just elect you president of our group and pay you $5/month and you figure all that out for us
Stop being lazy...learn and put in work.
@@Ir-of4zn ok boomer
IF PEOPLE WANT CHANGE BACK TO NORMALCY - VOTE REPUBLICAN!!!
🤣
Oh god there goes our planet god help us
The Republicans are corrupt too. They are owned by the same special interest groups as the Democrats.
Resellers are entitled
They feel owners owe it to them to sell their items cheap
I’ve never met a reseller who thinks that
100%
@@commonwealthflipperall resellers act like it