QUESTION
Can I be sued for selling an item online if I am not an authorized internet reseller?
Asked on Apr 11th, 2013 on Entertainment Law - California
More details to this question:
I am a seller on the Amazon marketplace and I currently offer a name brand headphone for sale. I was contacted by a company that is threatening legal action because I am not an authorized internet reseller. I used to be an authorized dealer (though not for internet reselling) for this brand, but I am no longer a dealer. The item in question is just leftover stock that I am getting rid of by selling on the internet. The company wants me to take down my item or else they will pursue legal action. Can they take legal action against me for selling the item?
2 ANSWERS
Theodore M. Roe
Yes, they can. Essentially, it is trademark infringement. They could be entitled to triple damages plus attorney and costs.
Answered on Apr 15th, 2013 at 12:55 AM
Susan Marie Basko
I think you should consult with a lawyer, explain your whole situation, show your contracts to the lawyer. and let the lawyer assist you in this matter.
Answered on Apr 12th, 2013 at 3:41 PM