I got a letter from Aetrex. They are insoles for shoes and sell very well. First I got the email and I took down all my listings. I responded to the email saying I had taken them down and I was sorry and did not know I was not allowed to sell them. Later a I got a letter in the mail, saying basically the same thing but it also said I needed to contact them with my ebay user name so they could follow me and confirm that I did indeed stop selling. I did not do that. I probably should have and its been quite awhile now so Im hoping all is well. :)
I actually received a message on the eBay platform this morning from VantageBP who’s client is BeautyStat. I had two items listed and immediately removed them and responded with my action. I have not heard back. I also had Keranique products listed which I just removed after your reading of the letter. Not worth losing my platform over. Thank you so much, Barnsgirl
No not yet, I've heard you can purchase whatever the minimum order is from say Nike for example and that will ungate you in Amazon, but the question is what if I go through the extra steps of contacting the company requesting permission to sell their products?, Consider i have a reseller permit to show them in your opinion and experience does big companies like that deal with small time resellers??
Thanks for the info. I don't sell clothes but I did not know about the new northface and Patagonia. I did get an email a couple of years ago from a company. Almost similar words from your friend. It was some kind of green water canteen that you use for going hunting. I totally ignored it. My thinking was ebay would of taken the listing off if it was on their vero list. They sent me a few more messages that they will take legal action if I didn't take it down. It sold soon after. After watching this video I guess I was lucky. But I don't like the idea that this is happening more frequently to more brands. If I purchase an item, that item is mine. If I decide to sell it, the brand should not have the right to demand that I cannot do that.
Thank you for this video. I have been reselling seriously for about 1.5 years. I have had some stuff removed on PM and M (separately, on different occasions) but was thankfully not contacted directly by the company. I appreciated all the pearls from this video.
I was a licensed hairstylist for 30 yrs, in Ohio and Florida. These "professional only" hair products are promising that they only sell their products at licensed salons. However, I believe they also make side deals with Walmart, CVS, Publix etc.... They use this wording saying they are only professional and I can tell you that "diverters" would come in to the salons I ran wherever we would have sales and buy up all the inventory and resell the product. Then the hair product companies would find these products, scan the barcode and know who they were sold to. Then they would threaten us for selling these products to the diverters. So then we would have a limit per person. Then whole families including kids, then we tried to stop that. They would pay homeless people to come in and buy the products. So this is an issue nationwide.
I am an aesthetician, and have Eminence as a skin Care line, supposed to be exclusive to professionals,But it’s all over Amazon even showed up at Costco and for some reason I don’t think they can fight Amazon to take it down, and I am not sure why but that kills my part of the business!
No single product that you are selling is worth losing your business or thousands of dollars and possibly worse if it’s counterfeit- End the listing, apologize to them, and move on--
They don't want to be liable. This goes back to the Louis Vuitton case and platforms said....don't sue us, we will help take down stuff, go after the sellers
it's this way because we let it get this way. our fathers and grandfathers are also to blame. so today the advice is to bow to our overlords and not sell these 10 things and next week it will be these 20 things and a year from now it will be these 300 things and 5 years from now it will be don't sell these 1,000 things till we have to find a new line of work.
Because car companies aren't petty little punks like some of these companies want to be. Also cars arent heavily faked like many of these products so theres really nothing for a BMW dealer to protect. Noones out selling "fake BMWS" that noone realizes are fake and are harming them like fake makeup.
Im currently in this situation. Everyone should take notice of this. There ia a flood of these cases coming in. If someone doesnt find a way to fight this reselling will be dead.
I am so glad I watched this video to the end. I am a very new reseller and I listed a purse that had Velcro closure on one of the pockets just a day or two prior to watching this and I went back in and revised the listing to take out that word Velcro. I did not know and also wondered why they didn't have that option in their closure list. Thank you for that bit of information.
This is exactly why I will never re-sell anything NEW again. This happened to me when I tried to re-sell an item from Target clearance. I got the letter and I then immediately took the listing down and told them I would never try to sell again. I had no idea I could not re-sell it.
The "re-sellers permit" is for tax-free purposes. It does not allow you to see their item if they come at you stating proprietary rights and/or intellectual property IP. That "permit" is only issued by the state and used to buy things tax-free for the purpose of re-sale. It does not allow you trump the companies coming at you with these things even if you have no idea until you do. That is why I never have (and never will again) try to sell anything listed as "new" on any platform. No thanks. @@brianhenson6141
I agree 100%. Consider it a blessing if a brand sends you a cease and desist, instead of a summons, and no more than that. "Stop selling our products, or else." Just abandon ship when it comes to that product or brand and thank your lucky stars. It's not worth the stress and anxiety of wondering what's going to happen if you don't comply. Move on to something else. There are plenty of other items/products you can sell to live on. :)
All in all......the companies are wrong. They are super salty from people selling used legit items. Lawfair is evil. They are not reasonable suits, they are not reasonable companies. What drives me crazy is that the companies are saying to stop something that the reseller has every right to do. They should not be able to get away with what they are doing.
I would never take the risk of selling topical products bc you do not know what’s in the bottle even if it is sealed. They can get suit for damages the product can cause, not the reseller .
I received something on my Facebook page that said that I violated copyright business but not tell me what product I violated. It wants me to click on link . I won’t do it .
What do you need to do if you get sued without the warning? This has not happened to me, but do you contact the company or a lawyer first? Are they required to send a warning first? Thank you for the info!
They are NOT required to warn you. If you actually get "served" IE: Sued....it's up to you. Lawyer is going to cost a fortune in these cases, but repping yourself can be a quick loss. You have to do whats best for you. If it was me again, i would call the company and work out a deal on my own. whatever that deal was, would almost certainly be cheaper and faster and less headache then calling a lawyer
I got the same letter from the same company. I immediately took down my listings and let them know I took them down. Not worth the risk. Just do what they ask and move on.
I’m really grateful that you shared this information and your knowledge with us. I’m extremely confused because I thought if you purchased from the stores there’s no problem. I purchased the goods and they belong to me. Why can’t I resell the goods? These stores know when we purchase large quantity exactly what we are doing. What’s stopping all the other brands from doing this as well? Thank you.
For the exact reason in this video. You own the item and the right to sell it (1st sale doctrine). However they use a loophole that you don’t own the name or trademark (logo) to sell it using those
@@RockstarFlipperthat loophole needs to be closed. It’s like setting up the seller…we purchase from the store and in turn they can tell us not to sell it. Sounds wrong in many ways.
@@RockstarFlipper It's not a loophole. It's just a threat to scare the sellers that don't know better. If you have the proper proof that what you are selling is legit real and not counterfeit you can easily rep yourself and counter sue for damages. Just bring the proof to court.
@@craigwinans1948 nope. Doesn’t work. That way. Trademark infringement is 100% on their side. You won’t win. Source: me. The guy who DID fight and counter sue and didn’t win or lose
Your advice is unAmerican. If the founders of this country had your attitude, we’d be drinking tea and singing God Save the King right now. On the micro level you may be right, but to use your platform to encourage all your viewers to get down on their knees and obey Big Company when he cracks the whip, well, I wouldn’t call that right. Maybe Rockstar isn’t the best name for your channel. Seems like Uncle Tom would be a much better fit 😁
Interesting question: why are they going after EBay and Amazon sellers but don’t go after Goodwill, Salvation Army where most get their 2nd hand items to sell?
@@RockstarFlipperalso bc it would be a very bad look in the media if some big rich company went after a nonprofit that sells donated goods to fund social services for the less fortunate. Most of us resellers are doing a version of this on our own, simply to support ourselves, but there's much less risk in the media to these companies going after individual resellers, far less chance for bad publicity and they achieve their desired outcome by preventing resale
I just dealt with lawsuit with a big publishing company saying I can’t sell the book used. When I say I just finally had the lawsuit dropped 4 dropped. Not worth fighting them even though I should be allowed to sell a used college book but I don’t want to fight them for thiusands.
Keranique is a crap product. I bought some from Amazon but returned it. It leaves hair extremely greasy. I would never sell that product even if I got it free, I wouldn’t feel right about passing this on to others. 👎🏼
Thanks for this informative video. I wasn't aware that Pata gonia and N.F couldn't be sold brand new. I just sold a Pata gonia new vest that was up for 3 months. I'm thankful I didn't receive a Vero. I have only received one Vero thanks to advice from another big youtuber. They stated to use stock photos on clothing if you can find them bc it sells items way faster. I did this only on one clothing item bc it was "very hard" to photograph. After posting I received a Vero within ....48 hrs! I don't know how this other big youtubber continues to do it. I've seen their store on Ebay and they have several stock photos. I see it a lot while browsing on Ebay however, I will never do it again.
I received a cease and desist through eBay from a cosmetics brand and removed my item immediately. Fighting any company as an eBay Store Owner is not worth it. Just move on. Plenty of other brands to choose from.
Well that is really scary. Thank you so much for the warning ! Luckily I don’t sell anything that should get a letter like that because I sell mostly knickknacks, old vintage jewelry and old vintage watches, some inexpensive newer watches but not new, and just some miscellaneous things but I never buy cosmetics or personal care products and never will. Especially after seeing this. It is not worth it! But but even with what I sell if I got a letter like that everything would come down and validate it was them and never put that kind of item up again it’s not worth it.
So in the last 6 months there were 943 sellers of Keranique on eBay based on Terapeak (3,591 solds). Do they go after all these people? Or just send the "stop it" letter?
A company I don't know has notified me by email about a lawsuit and my eBay account is restricted and I had not sold a single unit of the product they are suing me for. They accuse me just for publishing the product. The company's lawyer is from Illinois and I am from Puerto Rico
Love how as he's saying all this he has the Big Bang Theory playing on the television in the background. That show is protected IT. Wonder if the owners are going to ask for payment for using it.
My worst nightmare a lawsuit! I have received a letter requesting my purchase source and been approved to sell a health & beauty item once I supplied my invoice from a reputable source. It was not an expensive item.
Yep, someone just bought an item called kerastase,same pink tube as keranique. And is now returning it aining defective. I believe they wanted to be sure ot was not keranique and altered in some way on the logo or name.
Hi I just wanted to say thank you for this information. Also for all you do. Is there by chance a list of products that resellers shouldn't sell? Also, what are some of the main things one should look for when selling a product that is new? I notice that you put in phaces on the word trademark. Is that one of the words and what are the others. Again I really appreciate the info you share 😊. Take care.
I bought out a luxury men's store insurance claim, insurance company had to honor the fire insurance claim and took ownership of the inventory. I bought it from the insurance company and sold most of it. I have a bin of Lacoste clothing. Can I sell it on ebay? I asked Lacoste if I could become an authorized seller, no answer. What do you think, RSF?
I never understood that, because what was the point of the court to write a law to protect people from selling property they bought if they just allow companies to than loophole the law that they created making it completely irrelevant? I mean obviously the law was created with the knowledge that when selling a product that you bought you would have to say the brand name and possibly show the logo. It seems to me like maybe this just isn’t going far enough in court because nobody has enough money to fight the companies but if it did maybe then companies might back off from this tactic.
@@RockstarFlipper I know that I’m just saying why did they even write the first Sale doctrine law then? I mean obviously it was initially written for exactly this purpose! It wouldn’t make sense for them to create an irrelevant law!
So 1st sale doctrine is useless. According to your interpretation, anything with a name on it is unable to be resold legally. I do believe that's everything.
A simple solution is putting in your listing the following disclaimer: "We are not affiliated with [Company Name]. This item is being sold 'as-is' without a manufacturer's warranty. All trademarks and brand names are the property of their respective owners and are used for identification purposes only."
Sounds Like ebay, Amazon, Walmart, Mercari, and all other platforms need to stand up and help us fight big companys like this and others, or there will be no reselling opportunity for them or us in the future. I too have received an ugly ugly email from a big shoe company very recently. Guess buyers are going to have to learn to search in generic way to find their brand name items. If these companys aren’t careful us resellers may be the only business they do have, because brick and mortar stores are all filing for bankruptcy. These stores are the only authorized sellers mainly. Just my thoughts. I may start using a pop up shop, type of selling at venues. Would help with shipping and platform fees for sure.
JASCO Products, producers of many products including the one that I was givi'n 3 warnings to via email to stop selling on eBay. This item was the stick-up battery operated plastic push on-off lights. Also do not sell any item that is marked RX meaning by prescription only.
Yeah but what would you be getting sued for? What is the cost of the damage being done? You can prove how many people seen the listing which is probably a small amount. I have gotten so many letters in the 15 years. How did the big inventory diverters fight and win? You should contact a big inventory diverter and figure out how they get to sell closouts to Ollies or Biglots. They were fought the same way and won many years ago. Maybe we need to team up with them. They have money to crush these companies trying to sue.
@@caseyfaitel and they will lose 90% of the time i promise you. It's 2 different things. AND 90% can't afford to fight it anyways and thats why the companies do it. They know it
@RockstarFlipper if you get a lawyer that just takes money and claims to do everything, then I agree with those results. If you get a lawyer that specializes in this, I think your chances are way better at a much cheaper rate.
@RockstarFlipper I sold a Sample tee shirt that was supposed to release for International women's day. I sold the shirt in 2019 for $300. It was finally released in 2022. It was a Vans Vault x Sarah Andelman (owner of the former french fashion boutique Collette) for Soko Linski (French actress). It's a cool shirt... they go for nowhere near $300 now.
Thanks for sharing this (& thank you to the man that shared this info). I just picked up a bag of this brand at GW recently. 10 items all unopened. 3 boxes of their Hair Regrowth treatment for women ("the ONLY FDA APPROVED topical solution for women's hair regrowth" hahaha) exp. 08/24 , 4 Lift & Repair spray, 2 shampoo, & a conditioner, LOL. Glad I didn't pay much for it. Looks like it's all going into a yardsale.😂
Correct me if I'm wrong, but aren't most/all of these trademark infringement overruling the first sale doctrine cases with any legs situations where the seller is using the company's images/trademarked marketing phases in their listing, situations where the seller is modifying intended packaging, or situations where the seller is selling something retail that was never meant to be sold (perfume testers)? i'm not implying that it EVER makes sense to risk your business over fighting for the right to sell any product like this, but in my experience, the situations where lawyers contact them are typically when the seller is doing something very wrong with their listings.
Thats the loophole. Trademark. They aren't saying you can't sell their items because of 1st sale. They are saying you can't sell it because you don't have the right to use their name
@@RockstarFlipperthat's the angle for a reseller to eventually win, if there's ever one who decides to challenge. The name of a product identifies it! It's really an adjective. not just shampoo, but Pantene shampoo. When we buy something from an authorized seller, the product comes in packaging that identifies it. It's part of our purchase, we bought the product specifically as identified. I really think there's an elegant legal argument here for understanding that a product name is separate from the company, even when they're the same word. I didn't word that well but hopefully you understand what I mean. The unique characteristics of a product are what cause us to purchase it in the first place, it's not just a "translucent yellow liquid hair shampoo." Any words necessary to describe the item and to differentiate it from similar but not identical items should be fair game.
One reason that companies are going after resellers is because of Amazon. If their item is listed on Amazon for one price, but a reseller is selling it for less elsewhere online, Aazon can take away the "buy it now" button, move it lower in search ranking, make it ineligible for "prime", etc. So these companies need to stop resellers, even if they aren't normally undercutting on price, if the drop prices just to get rid of remaining stock, this xan cause huge problems for companies.
Mary Kay will send you a Cease & Desist and require you to send any inventory you have to them. They will go forward with suing you if you do not comply.
The other question comment i have: i had some autocad software dvds and didnt even try to sell them since they were vicious to others. 20k worth sold for pennies. And Gilette had me shut down for a week or two on ebay with no warning. Oh ya, got in trouble for using the word velcro. Dang.
Nah, I won’t take that twisting of the law. My response would be “bite me” and when they sue I’ll do the entire case myself. Make them spend the money on their lawyers.
I find the best arguments to make if you think case law is against you is to go back through legislative sessions of the laws that apply. They will almost always tell you their intentions
Good video and great advise. No one on eBay is allowed to resell any products from an mlm or network marketing company. These products are only sold by authorized distributors but also these products are directly sold/ shipped by and from the company.
Don't sell any HP products. Mostly because they are garbage, and they are a garbage company, but also because they will lie to take down your listings.
I couldn't agree more. They used to be reputable back in the day, but they have become literally scammers. For example their printer is cheaper than the ink cartridge and then, through internet updates, they make your printer indicate that your cartridge is low, and then if you don't replace it before it is "empty" you won't be able to use your printer for anything.
RockstarFlipper @ 1:30 "Some people just say its a scare tactic, it's a strong arm tactic and that is False! False!False!False!False!False! also RockstarFlipper @ 2:40 (about himself being sued) "When in fact it was simply a case of a large company bullying small companies to stop us from selling products they didn't want us to sell. I've gotten these notices and I've been included as a co-defendant in a lawsuit. It is absolutely a bullying scare tactic. I need to share my experience at some point. I've had reseller friends panic and give these lawfirms money.
Question - if you get a counterfeit takedown or a letter accusing you of selling counterfeits, not the "authorized reseller" situation you are referring to, how do you deal with that? Obviously I would take down everything I'm selling from that company but can you get out of the lawsuit if you have proof of where you purchased them from? In a lawsuit does the company have to prove that your items were counterfeit? The reason I'm asking is because I sell a lot of NWT items now that were purchased either from wholesalers (I have invoices) but with retail arbitrage I only have the store receipts. I haven't had any issues with them so far so hopefully that continues but I'm starting to get nervous because I've seen so many youtubers getting items taken down as supposedly "Counterfeit" lately. I've only had one counterfeit takedown, it was on Posh where I listed a pre-owned youth NFL jersey, which my brother had purchased from an authorized retailer, but I never relisted the item.
Pfft! I don't have the time to go through all these steps, if I get a letter to take there product off, I'll remove it, replace it with another fab product! and the items I removed Birthday and Christmas presents! At the end of the day they are only whinging because there not making any $$$ from your sales.
Had a book importer bookstores did a lot of business with. For example, he brought in Dr Who novel adaptations of the shows. Target Books UK, the publisher sued. He tried defending on First Sale Doctrine. Lost. Something to do with undercutting the publisher's rights to control when and how the books were released in the US. Guy had to find a new business.
There was absolutely no fraud. The seller agreed to the amount and was paid. End of transaction. I bought a house several years ago and flipped it within 6 months for 8x what I paid. Do i ethically owe the previous owner more money ??? Absolutely not.
You know I know it's just more money but ain't it invasion of privacy with all the searching and everything they do to find out more about me. Ain't that digging into my personal life without my authority. Just asking
What does could matter? Could could could. Yeah, almost anything COULD happen. SO they say someone COULD sell fakes. Ok? And? Hows that a defense or offense? How can they stop something based off a could?
@@RockstarFlipper yeah like any law it's not what's legal it's how much money you got to throw at fighting it. Btw I commented before watching the video so I'm not tainted by your reply. Turns out sadly my thoughts were your reality.
The company I work for makes energy drinks , I don't want to mention their names but they are the big energy manufacturer's. We as employees would get dibs on product that was near expiration date. We had employees grabbing cases of product and selling them on FB market place. Idiots that's a sure fire way to get sued as these products had the logo all over it. They must have thought they hit the jackpot, the product was free to them so all profit. But still idiots
Big Corporations are beginning to lose money to the little guy and they’re terrified. It is so shady of them to do this. There is never a better or more important time to start small businesses and be wildly successful at it!
They don't want us selling anything. They want us all to have to work for them and be dependent on them. A big part of our government feels the same way, after all, elections are mostly funded by big business and billionaires.
Have you received any notices from companies?
I got a letter from Aetrex. They are insoles for shoes and sell very well. First I got the email and I took down all my listings. I responded to the email saying I had taken them down and I was sorry and did not know I was not allowed to sell them. Later a I got a letter in the mail, saying basically the same thing but it also said I needed to contact them with my ebay user name so they could follow me and confirm that I did indeed stop selling. I did not do that. I probably should have and its been quite awhile now so Im hoping all is well. :)
I actually received a message on the eBay platform this morning from VantageBP who’s client is BeautyStat. I had two items listed and immediately removed them and responded with my action. I have not heard back. I also had Keranique products listed which I just removed after your reading of the letter. Not worth losing my platform over. Thank you so much, Barnsgirl
@@kristinwright2721how did they know you were selling them if they needed your user ID, these companies are crazy
No not yet, I've heard you can purchase whatever the minimum order is from say Nike for example and that will ungate you in Amazon, but the question is what if I go through the extra steps of contacting the company requesting permission to sell their products?, Consider i have a reseller permit to show them in your opinion and experience does big companies like that deal with small time resellers??
Thanks for the info. I don't sell clothes but I did not know about the new northface and Patagonia.
I did get an email a couple of years ago from a company. Almost similar words from your friend. It was some kind of green water canteen that you use for going hunting. I totally ignored it. My thinking was ebay would of taken the listing off if it was on their vero list. They sent me a few more messages that they will take legal action if I didn't take it down. It sold soon after. After watching this video I guess I was lucky.
But I don't like the idea that this is happening more frequently to more brands. If I purchase an item, that item is mine. If I decide to sell it, the brand should not have the right to demand that I cannot do that.
You do such a great job Casey- I’m thankful you are here to deliver honest and sage advice for all of us-
Thank you for this video. I have been reselling seriously for about 1.5 years. I have had some stuff removed on PM and M (separately, on different occasions) but was thankfully not contacted directly by the company.
I appreciated all the pearls from this video.
You got it!!
This is why I prefer to sell vintage or used products.
I was a licensed hairstylist for 30 yrs, in Ohio and Florida. These "professional only" hair products are promising that they only sell their products at licensed salons. However, I believe they also make side deals with Walmart, CVS, Publix etc....
They use this wording saying they are only professional and I can tell you that "diverters" would come in to the salons I ran wherever we would have sales and buy up all the inventory and resell the product. Then the hair product companies would find these products, scan the barcode and know who they were sold to. Then they would threaten us for selling these products to the diverters. So then we would have a limit per person. Then whole families including kids, then we tried to stop that. They would pay homeless people to come in and buy the products. So this is an issue nationwide.
I am an aesthetician, and have Eminence as a skin Care line, supposed to be exclusive to professionals,But it’s all over Amazon even showed up at Costco and for some reason I don’t think they can fight Amazon to take it down, and I am not sure why but that kills my part of the business!
No single product that you are selling is worth losing your business or thousands of dollars and possibly worse if it’s counterfeit- End the listing, apologize to them, and move on--
agreed. cut and dry.
What needs to happen is for eBay, poshmark, ect. to stand up for the rights of resellers. Them giving in to these companies is a slippery slope.
They don't want to be liable. This goes back to the Louis Vuitton case and platforms said....don't sue us, we will help take down stuff, go after the sellers
"The only thing necessary for the triumph of evil is for good men to do nothing.”
It's a little hard to "do something" when they have more money, more resources and case law to back them up.
Need to start talking to your representatives. They can easily modify laws to nullify this type of thing. Its 100% wrong
it's this way because we let it get this way. our fathers and grandfathers are also to blame.
so today the advice is to bow to our overlords and not sell these 10 things and next week it will be these 20 things and a year from now it will be these 300 things and 5 years from now it will be don't sell these 1,000 things till we have to find a new line of work.
Why is it that I can sell my Mercedes Benz, BMW, FERRARI but I cannot sell my "VERO" used clothing
Because car companies aren't petty little punks like some of these companies want to be. Also cars arent heavily faked like many of these products so theres really nothing for a BMW dealer to protect. Noones out selling "fake BMWS" that noone realizes are fake and are harming them like fake makeup.
@@RockstarFlipperExcellent explanation and reasoning, Casey.
Im currently in this situation. Everyone should take notice of this. There ia a flood of these cases coming in. If someone doesnt find a way to fight this reselling will be dead.
There was a story sent to me yesterday about companies basically doing this for fun almost
Well it worked. I dropped my listing while watching this. I never check my emails so would have been harmed by this. THANK YOU!!!
No worries, just be cautious
Great information, thankyou. Have fun at the Boss Reseller Meet up in Vegas...
I will thank you so much
I am so glad I watched this video to the end. I am a very new reseller and I listed a purse that had Velcro closure on one of the pockets just a day or two prior to watching this and I went back in and revised the listing to take out that word Velcro. I did not know and also wondered why they didn't have that option in their closure list. Thank you for that bit of information.
This is exactly why I will never re-sell anything NEW again. This happened to me when I tried to re-sell an item from Target clearance. I got the letter and I then immediately took the listing down and told them I would never try to sell again. I had no idea I could not re-sell it.
Why didn't you show them your resellers permit?, if you have a receipt you should have the right to sell it
The "re-sellers permit" is for tax-free purposes. It does not allow you to see their item if they come at you stating proprietary rights and/or intellectual property IP. That "permit" is only issued by the state and used to buy things tax-free for the purpose of re-sale. It does not allow you trump the companies coming at you with these things even if you have no idea until you do. That is why I never have (and never will again) try to sell anything listed as "new" on any platform. No thanks.
@@brianhenson6141
They have come after used clothing as well
@@mariom6726 that's very strange 🤔
I am curious if this was a Target branded item, one of their name brands or a national brand they sell?
I agree 100%. Consider it a blessing if a brand sends you a cease and desist, instead of a summons, and no more than that. "Stop selling our products, or else." Just abandon ship when it comes to that product or brand and thank your lucky stars. It's not worth the stress and anxiety of wondering what's going to happen if you don't comply. Move on to something else. There are plenty of other items/products you can sell to live on. :)
All in all......the companies are wrong. They are super salty from people selling used legit items. Lawfair is evil. They are not reasonable suits, they are not reasonable companies. What drives me crazy is that the companies are saying to stop something that the reseller has every right to do. They should not be able to get away with what they are doing.
Totally agree, fuck these companies.
I would never take the risk of selling topical products bc you do not know what’s in the bottle even if it is sealed. They can get suit for damages the product can cause, not the reseller .
Thank you Casey 👍👍👍
Anytime thank you for watching!
This is all BS from lawyers and companies! Always trying to punish the small sellers
I received something on my Facebook page that said that I violated copyright business but not tell me what product I violated. It wants me to click on link . I won’t do it .
What do you need to do if you get sued without the warning? This has not happened to me, but do you contact the company or a lawyer first? Are they required to send a warning first? Thank you for the info!
They are NOT required to warn you. If you actually get "served" IE: Sued....it's up to you. Lawyer is going to cost a fortune in these cases, but repping yourself can be a quick loss. You have to do whats best for you. If it was me again, i would call the company and work out a deal on my own. whatever that deal was, would almost certainly be cheaper and faster and less headache then calling a lawyer
@@RockstarFlipper Thank you so much for the advice! Great information.
Thank you for the heads up.
Anytime
I got the same letter from the same company. I immediately took down my listings and let them know I took them down. Not worth the risk. Just do what they ask and move on.
Exactly!! They have to much money to make mad
I’m really grateful that you shared this information and your knowledge with us. I’m extremely confused because I thought if you purchased from the stores there’s no problem. I purchased the goods and they belong to me. Why can’t I resell the goods? These stores know when we purchase large quantity exactly what we are doing. What’s stopping all the other brands from doing this as well? Thank you.
For the exact reason in this video. You own the item and the right to sell it (1st sale doctrine). However they use a loophole that you don’t own the name or trademark (logo) to sell it using those
@@RockstarFlipperthat loophole needs to be closed. It’s like setting up the seller…we purchase from the store and in turn they can tell us not to sell it. Sounds wrong in many ways.
@@RockstarFlipper It's not a loophole. It's just a threat to scare the sellers that don't know better. If you have the proper proof that what you are selling is legit real and not counterfeit you can easily rep yourself and counter sue for damages. Just bring the proof to court.
@@craigwinans1948 nope. Doesn’t work. That way. Trademark infringement is 100% on their side. You won’t win. Source: me. The guy who DID fight and counter sue and didn’t win or lose
Your advice is unAmerican. If the founders of this country had your attitude, we’d be drinking tea and singing God Save the King right now. On the micro level you may be right, but to use your platform to encourage all your viewers to get down on their knees and obey Big Company when he cracks the whip, well, I wouldn’t call that right. Maybe Rockstar isn’t the best name for your channel. Seems like Uncle Tom would be a much better fit 😁
Once again, a great video with great information to help every reseller! Thank you!
Anytime thank you!
Interesting question: why are they going after EBay and Amazon sellers but don’t go after Goodwill, Salvation Army where most get their 2nd hand items to sell?
Because those places can fight them back
@@RockstarFlipper right but doesn’t that set legal precedent over the trademark issue for resellers?
@@JoeydoDroneZone nope. They don’t go to court or sue those places. They know they can fight and they dont wanna risk losing.
@@RockstarFlipperalso bc it would be a very bad look in the media if some big rich company went after a nonprofit that sells donated goods to fund social services for the less fortunate. Most of us resellers are doing a version of this on our own, simply to support ourselves, but there's much less risk in the media to these companies going after individual resellers, far less chance for bad publicity and they achieve their desired outcome by preventing resale
I just dealt with lawsuit with a big publishing company saying I can’t sell the book used. When I say I just finally had the lawsuit dropped 4 dropped. Not worth fighting them even though I should be allowed to sell a used college book but I don’t want to fight them for thiusands.
Keranique is a crap product. I bought some from Amazon but returned it. It leaves hair extremely greasy. I would never sell that product even if I got it free, I wouldn’t feel right about passing this on to others. 👎🏼
Thanks for the level headed, articulate analysis.
As always Casey a great information on this video! Thank you!
Thank you!!
Thanks for sharing this 😊
Thank you Casey for the info. The list just gets bigger🤣
Thanks for this informative video. I wasn't aware that Pata gonia and N.F couldn't be sold brand new. I just sold a Pata gonia new vest that was up for 3 months. I'm thankful I didn't receive a Vero. I have only received one Vero thanks to advice from another big youtuber. They stated to use stock photos on clothing if you can find them bc it sells items way faster. I did this only on one clothing item bc it was "very hard" to photograph. After posting I received a Vero within ....48 hrs! I don't know how this other big youtubber continues to do it. I've seen their store on Ebay and they have several stock photos. I see it a lot while browsing on Ebay however, I will never do it again.
Because theres not enough manpower to catch every stock photo. But yeah. Stock photos are illegal
I received a cease and desist through eBay from a cosmetics brand and removed my item immediately.
Fighting any company as an eBay Store Owner is not worth it. Just move on. Plenty of other brands to choose from.
I got one about a yr ago.
Ignored them.
They went away.
Sometimes it happens. You were lucky.
Well that is really scary. Thank you so much for the warning !
Luckily I don’t sell anything that should get a letter like that because I sell mostly knickknacks, old vintage jewelry and old vintage watches, some inexpensive newer watches but not new, and just some miscellaneous things but I never buy cosmetics or personal care products and never will. Especially after seeing this. It is not worth it!
But but even with what I sell if I got a letter like that everything would come down and validate it was them and never put that kind of item up again it’s not worth it.
Thanks for all this info. It's really good to know.
So in the last 6 months there were 943 sellers of Keranique on eBay based on Terapeak (3,591 solds). Do they go after all these people? Or just send the "stop it" letter?
They don't have the manpower, but they go after a huge amount of them. Don't risk it
Great info, thank you!
Thank you for watching and checking in!
Thank You for the correct information
A company I don't know has notified me by email about a lawsuit and my eBay account is restricted and I had not sold a single unit of the product they are suing me for. They accuse me just for publishing the product. The company's lawyer is from Illinois and I am from Puerto Rico
Has anyone received notice from O Cedar? I got a message on Amazon from them(possibly)
Love how as he's saying all this he has the Big Bang Theory playing on the television in the background. That show is protected IT. Wonder if the owners are going to ask for payment for using it.
I actually had a video that was flagged (not striked) for having friends on in the background. I usually cut it off now
My worst nightmare a lawsuit! I have received a letter requesting my purchase source and been approved to sell a health & beauty item once I supplied my invoice from a reputable source. It was not an expensive item.
Yep, someone just bought an item called kerastase,same pink tube as keranique. And is now returning it aining defective. I believe they wanted to be sure ot was not keranique and altered in some way on the logo or name.
Hi I just wanted to say thank you for this information. Also for all you do. Is there by chance a list of products that resellers shouldn't sell? Also, what are some of the main things one should look for when selling a product that is new? I notice that you put in phaces on the word trademark. Is that one of the words and what are the others. Again I really appreciate the info you share 😊. Take care.
I also shared your video on 3 platforms so. I feel it's that important. Take care.
Thanks a BUNCH. There is a list at the end of this give in the last 2 mins or so that i give.
Thank you for sharing!
Shit. Just sold a North face jacket yesterday list as new with Tag. Guess I will never do it again. 😢lesson learned. Thank you
Been thinking of resaling on ebay. But all these the sky is falling videos got me rethinking it.
99% of products are fine. GO sell on ebay
Good advice !!!
I bought out a luxury men's store insurance claim, insurance company had to honor the fire insurance claim and took ownership of the inventory. I bought it from the insurance company and sold most of it. I have a bin of Lacoste clothing. Can I sell it on ebay? I asked Lacoste if I could become an authorized seller, no answer. What do you think, RSF?
I tried so sell some Melaleuca and that’s a super NO too
I never understood that, because what was the point of the court to write a law to protect people from selling property they bought if they just allow companies to than loophole the law that they created making it completely irrelevant? I mean obviously the law was created with the knowledge that when selling a product that you bought you would have to say the brand name and possibly show the logo. It seems to me like maybe this just isn’t going far enough in court because nobody has enough money to fight the companies but if it did maybe then companies might back off from this tactic.
People have fought it. And lost. I can cite cases
@@RockstarFlipper I know that I’m just saying why did they even write the first Sale doctrine law then? I mean obviously it was initially written for exactly this purpose! It wouldn’t make sense for them to create an irrelevant law!
Got one from Microsoft. Fought them tooth and nail until they told me it was ok to resell. Clark 1 VS Bill Gates 0
IF True, thats amazing to fight them and win
Which case? We need cases to reference these lawsuits not working and why they are able to get dismissed
What are you doing in Las Vegas this week? I live here.
“Boss reseller remix”. Reselling conference every year. Google it
I've received such letters from manufrs about AMZ Listing. I just took down the listing.
Yup, but some of them keep coming until they get something
BBT The Convention Conundrum playing in the background James Earl Jones and Carrie Fisher finally met. 😛
So 1st sale doctrine is useless. According to your interpretation, anything with a name on it is unable to be resold legally. I do believe that's everything.
well yeah technically if any company wanted to come for you, they could in theory
Wow Poshmark’s full of this line
Because Poshmark has for YEARS turned a blind eye to everything. Sales Tax, 1099s, Stock photos, i could go on and on
Oh no i just listed a box of their stuff 😂
A simple solution is putting in your listing the following disclaimer: "We are not affiliated with [Company Name]. This item is being sold 'as-is' without a manufacturer's warranty. All trademarks and brand names are the property of their respective owners and are used for identification purposes only."
Sounds Like ebay, Amazon, Walmart, Mercari, and all other platforms need to stand up and help us fight big companys like this and others, or there will be no reselling opportunity for them or us in the future. I too have received an ugly ugly email from a big shoe company very recently. Guess buyers are going to have to learn to search in generic way to find their brand name items. If these companys aren’t careful us resellers may be the only business they do have, because brick and mortar stores are all filing for bankruptcy. These stores are the only authorized sellers mainly. Just my thoughts. I may start using a pop up shop, type of selling at venues. Would help with shipping and platform fees for sure.
JASCO Products, producers of many products including the one that I was givi'n 3 warnings to via email to stop selling on eBay. This item was the stick-up battery operated plastic push on-off lights. Also do not sell any item that is marked RX meaning by prescription only.
Correct, RX items are a big no no
Yeah but what would you be getting sued for? What is the cost of the damage being done? You can prove how many people seen the listing which is probably a small amount. I have gotten so many letters in the 15 years. How did the big inventory diverters fight and win? You should contact a big inventory diverter and figure out how they get to sell closouts to Ollies or Biglots. They were fought the same way and won many years ago. Maybe we need to team up with them. They have money to crush these companies trying to sue.
Trademark infringement. Using their name without permission
@@RockstarFlipper the fair use doctrine can fight trademark infringement for most resellers.
@@caseyfaitel and they will lose 90% of the time i promise you. It's 2 different things. AND 90% can't afford to fight it anyways and thats why the companies do it. They know it
@RockstarFlipper if you get a lawyer that just takes money and claims to do everything, then I agree with those results. If you get a lawyer that specializes in this, I think your chances are way better at a much cheaper rate.
Mary Kay. I got a letter several years ago.
Yup they have popped up in my comments several times
I just delete listing. Not worth the hassle at all
I have a cease and desist letter from VANS which is gangster af
??
@RockstarFlipper I sold a Sample tee shirt that was supposed to release for International women's day. I sold the shirt in 2019 for $300. It was finally released in 2022. It was a Vans Vault x Sarah Andelman (owner of the former french fashion boutique Collette) for Soko Linski (French actress). It's a cool shirt... they go for nowhere near $300 now.
Thanks for sharing this (& thank you to the man that shared this info). I just picked up a bag of this brand at GW recently. 10 items all unopened. 3 boxes of their Hair Regrowth treatment for women ("the ONLY FDA APPROVED topical solution for women's hair regrowth" hahaha) exp. 08/24 , 4 Lift & Repair spray, 2 shampoo, & a conditioner, LOL. Glad I didn't pay much for it. Looks like it's all going into a yardsale.😂
or can go as a Christmas gift for a bald family member
@@immortalityevolution 🤔😅😏😎
@@immortalityevolution😂
In this case, the wisest thing to do is stop selling that item! I would not want to lose my business over something like this!
Absolutely
This is so complicated that you must keep it on the I like this gentleman who made video.
Good info...
Correct me if I'm wrong, but aren't most/all of these trademark infringement overruling the first sale doctrine cases with any legs situations where the seller is using the company's images/trademarked marketing phases in their listing, situations where the seller is modifying intended packaging, or situations where the seller is selling something retail that was never meant to be sold (perfume testers)?
i'm not implying that it EVER makes sense to risk your business over fighting for the right to sell any product like this, but in my experience, the situations where lawyers contact them are typically when the seller is doing something very wrong with their listings.
Thats the loophole. Trademark. They aren't saying you can't sell their items because of 1st sale. They are saying you can't sell it because you don't have the right to use their name
@@RockstarFlipperthat's the angle for a reseller to eventually win, if there's ever one who decides to challenge. The name of a product identifies it! It's really an adjective. not just shampoo, but Pantene shampoo. When we buy something from an authorized seller, the product comes in packaging that identifies it. It's part of our purchase, we bought the product specifically as identified. I really think there's an elegant legal argument here for understanding that a product name is separate from the company, even when they're the same word. I didn't word that well but hopefully you understand what I mean. The unique characteristics of a product are what cause us to purchase it in the first place, it's not just a "translucent yellow liquid hair shampoo." Any words necessary to describe the item and to differentiate it from similar but not identical items should be fair game.
I got soooooooo many types of these emails when I first started out selling on ebay 6 years ago. Every single one was just scare tactics.
How do you know that for sure? Scare tactics by competitors are actually rare.
One reason that companies are going after resellers is because of Amazon. If their item is listed on Amazon for one price, but a reseller is selling it for less elsewhere online, Aazon can take away the "buy it now" button, move it lower in search ranking, make it ineligible for "prime", etc.
So these companies need to stop resellers, even if they aren't normally undercutting on price, if the drop prices just to get rid of remaining stock, this xan cause huge problems for companies.
Mary Kay will send you a Cease & Desist and require you to send any inventory you have to them. They will go forward with suing you if you do not comply.
Wow, they don't surprise me though. They control their products big time
Glad to know this bc I have a Mary Kay lot I bought at a thrift store I was preparing to list. Guess I'll give it as a gift instead!
Mary Kay is a dying dinosaur in the makeup industry. No modern woman is checking for their old stale makeup. They are wasting their time LOL
I used the word Onesie..woops!
The other question comment i have: i had some autocad software dvds and didnt even try to sell them since they were vicious to others. 20k worth sold for pennies. And Gilette had me shut down for a week or two on ebay with no warning. Oh ya, got in trouble for using the word velcro. Dang.
how are you able to resell anything then if this trademark shit gives them the right to sue any reseller
Nah, I won’t take that twisting of the law. My response would be “bite me” and when they sue I’ll do the entire case myself. Make them spend the money on their lawyers.
It's not a bad idea, but its a ton of time and headache even without the money spent
Yeah, I’m petty like that. It’s worth the time to me.
I find the best arguments to make if you think case law is against you is to go back through legislative sessions of the laws that apply. They will almost always tell you their intentions
Isn't it ironic that the more a seller sells on Ebay, the closer they are to getting sued, and/or restricted/suspended/banned by Ebay?
Not necessarily, i see a TON of new sellers get axed
Using the word Velcro is a no-no
Indeed. I have a whole list at the end of this video
Good video and great advise. No one on eBay is allowed to resell any products from an mlm or network marketing company. These products are only sold by authorized distributors but also these products are directly sold/ shipped by and from the company.
Yup Mary Kay is a big one
Don't sell any HP products. Mostly because they are garbage, and they are a garbage company, but also because they will lie to take down your listings.
I couldn't agree more. They used to be reputable back in the day, but they have become literally scammers. For example their printer is cheaper than the ink cartridge and then, through internet updates, they make your printer indicate that your cartridge is low, and then if you don't replace it before it is "empty" you won't be able to use your printer for anything.
@@gaarcemail YUP that happened to me. I never even used the printer and it happened first time I tried to print.
Can you put closed caption on TV behind you?🤣🤣🤣
RockstarFlipper @ 1:30 "Some people just say its a scare tactic, it's a strong arm tactic and that is False! False!False!False!False!False!
also RockstarFlipper @ 2:40 (about himself being sued) "When in fact it was simply a case of a large company bullying small companies to stop us from selling products they didn't want us to sell.
I've gotten these notices and I've been included as a co-defendant in a lawsuit. It is absolutely a bullying scare tactic. I need to share my experience at some point. I've had reseller friends panic and give these lawfirms money.
Question - if you get a counterfeit takedown or a letter accusing you of selling counterfeits, not the "authorized reseller" situation you are referring to, how do you deal with that? Obviously I would take down everything I'm selling from that company but can you get out of the lawsuit if you have proof of where you purchased them from? In a lawsuit does the company have to prove that your items were counterfeit? The reason I'm asking is because I sell a lot of NWT items now that were purchased either from wholesalers (I have invoices) but with retail arbitrage I only have the store receipts. I haven't had any issues with them so far so hopefully that continues but I'm starting to get nervous because I've seen so many youtubers getting items taken down as supposedly "Counterfeit" lately.
I've only had one counterfeit takedown, it was on Posh where I listed a pre-owned youth NFL jersey, which my brother had purchased from an authorized retailer, but I never relisted the item.
Pfft! I don't have the time to go through all these steps, if I get a letter to take there product off, I'll remove it, replace it with another fab product! and the items I removed Birthday and Christmas presents! At the end of the day they are only whinging because there not making any $$$ from your sales.
Had a book importer bookstores did a lot of business with. For example, he brought in Dr Who novel adaptations of the shows. Target Books UK, the publisher sued. He tried defending on First Sale Doctrine. Lost. Something to do with undercutting the publisher's rights to control when and how the books were released in the US. Guy had to find a new business.
Yup I read that as well
There was absolutely no fraud. The seller agreed to the amount and was paid. End of transaction.
I bought a house several years ago and flipped it within 6 months for 8x what I paid. Do i ethically owe the previous owner more money ??? Absolutely not.
ROC skincare and GNC
Seems like health and beauty is a big one on this
Soooo, bottom line, DO NOT RESELL, unless you are authorized.
99% of products are fine
I sold a beach body video.................oh no are they coming after me? Sold the same day I lsited it....
They actually are a company that does "sting buys". careful with them
You know I know it's just more money but ain't it invasion of privacy with all the searching and everything they do to find out more about me. Ain't that digging into my personal life without my authority. Just asking
Nope they got it from legit means. Public info or a sale. All legal ways to obtain your info
Like Ninja Turtles Movie when Mikey says "We'll find you" lol these companies are unreal. Can you say STALKING bro good grief paparazzi!
Unfort the bad apples ruined it for the rest of us and these companies feel the need to spend tons of time and money hunting sellers down.
Nope
What does could matter? Could could could. Yeah, almost anything COULD happen. SO they say someone COULD sell fakes. Ok? And? Hows that a defense or offense? How can they stop something based off a could?
We own our name. You can’t use it. If you use it well sue. That’s how. Unfortunately
Dont mess with rolex
As long as its a 100% real rolex with proof you are good. My friend solely flips watches and rolexs and hes fine with all his papers
@RockstarFlipper yes I've learned that the hard way. I'm very cautious about things I don't recognize anymore
Don’t sell items with a red or redish plus sign. It’s owned by Red Cross. 😂 true story.
WOW for real? i remember you with that lmao
@@RockstarFlipper recently sold it on another marketplace.
Umm if I own it I can do with it as I want that's the law. Sadly reality is they got money I don't they will drown me in legal bills.
You do have the right. You don't have the right to use their name or logo in the ad/listing. Thats the loophole and they know it
@@RockstarFlipper yeah like any law it's not what's legal it's how much money you got to throw at fighting it. Btw I commented before watching the video so I'm not tainted by your reply. Turns out sadly my thoughts were your reality.
The company I work for makes energy drinks , I don't want to mention their names but they are the big energy manufacturer's.
We as employees would get dibs on product that was near expiration date.
We had employees grabbing cases of product and selling them on FB market place. Idiots that's a sure fire way to get sued as these products had the logo all over it.
They must have thought they hit the jackpot, the product was free to them so all profit. But still idiots
100% I have heard of energy drink companies coming hard for people over like "tshirts" and promo goods
Big Corporations are beginning to lose money to the little guy and they’re terrified. It is so shady of them to do this. There is never a better or more important time to start small businesses and be wildly successful at it!
I totally agree. I’ve started to buy products from smaller companies like mom and pops, natural eco-friendly instead of buying from the big companies.
They don't want us selling anything. They want us all to have to work for them and be dependent on them. A big part of our government feels the same way, after all, elections are mostly funded by big business and billionaires.