Can a company/brand say I can't sell a product on my own site?

Discussion in 'Ecommerce Forum' started by mit74, Nov 22, 2020.

  1. mit74

    mit74 UKBF Ace Free Member

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    I'm selling a limited amount of designer branded products that I've managed to obtain. Can any brand tell me to stop selling them eg because I dont have a licence to sell their products etc?
     
    Posted: Nov 22, 2020 By: mit74 Member since: Jun 4, 2010
    #1
  2. Mr D

    Mr D UKBF Legend Free Member

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    Can the brand identify you as a buyer of their products? Or do you look to them like a seller of fakes?

    They can try scaring you off selling. Actually stopping you is harder.
    Your supplier may end up being unable to sell you anything else.
     
    Posted: Nov 22, 2020 By: Mr D Member since: Feb 12, 2017
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  3. fisicx

    fisicx It's Major Clanger! Staff Member

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    They can certainly make things very difficult for you. Are these goods normally only licensed for sale at specific outlets?
     
    Posted: Nov 22, 2020 By: fisicx Member since: Sep 12, 2006
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  4. Guy Incognito

    Guy Incognito UKBF Regular Free Member

    229 35
    Depends on the company whose goods they are and their provenance - assuming they are genuine?

    Big companies are probably not going to pick up on someone selling a few of their items, but technically it would likely be illegal, and if you're using their copyright to market them that's another area that is illegal.
     
    Posted: Nov 23, 2020 By: Guy Incognito Member since: Aug 2, 2016
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  5. Paul Norman

    Paul Norman UKBF Ace Free Member

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    Most aspirational brands attempt to place restrictions on who sells their stuff.

    They have approved methods of appointing wholesalers and retailers, and make it slightly (or very!) hard for you to buy their things.

    Of course, people step outside that. You can buy branded goods through unofficial channels. But you need to be very careful indeed that you actually have the real thing, traceable back, because if the brand suspect that you are selling fakes then they can take very robust action indeed.

    It is for that reason that I buy all my stock from the brands approved sources themselves.
     
    Posted: Nov 23, 2020 By: Paul Norman Member since: Apr 8, 2010
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  6. Guy Incognito

    Guy Incognito UKBF Regular Free Member

    229 35
    I'd agree with that. It comes down to IP protection as well.

    If you control who can sell what you make (assuming it's something distinct) then it's much easier to spot fakes, copyright infractions etc.

    We only sell direct. We've had one business breach copyright and it was a very open and shut legal case to get it stopped.
     
    Posted: Nov 23, 2020 By: Guy Incognito Member since: Aug 2, 2016
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  7. Alison Moore

    Alison Moore UKBF Enthusiast Full Member

    734 161
    It depends what you're selling and whether the brands are restricted i.e. if you can purchase the brands from major distributers to resell, then chances are you don't need a specific license, but all it's all down to the individual brands. Some brands only allow xx number of retailers in an area, others have minimum RRP prices that all resellers have to abide by.
     
    Posted: Nov 23, 2020 By: Alison Moore Member since: Aug 4, 2016
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  8. Chris Ashdown

    Chris Ashdown UKBF Legend Free Member

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    Minimum RRP is illegal to force, but other less seen arguments can apply ,like not selling to the retailer if they are selling a a price you don't approve of
     
    Posted: Nov 23, 2020 By: Chris Ashdown Member since: Dec 7, 2003
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  9. mit74

    mit74 UKBF Ace Free Member

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    No they can't identify me as a seller as its thorugh a third party
     
    Posted: Dec 8, 2020 By: mit74 Member since: Jun 4, 2010
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  10. mit74

    mit74 UKBF Ace Free Member

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    i believe so yes
     
    Posted: Dec 8, 2020 By: mit74 Member since: Jun 4, 2010
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  11. Mr D

    Mr D UKBF Legend Free Member

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    Then to the brand it may look exactly like you are selling fakes.
     
    Posted: Dec 8, 2020 By: Mr D Member since: Feb 12, 2017
    #11
  12. intheTRADE

    intheTRADE UKBF Regular Free Member

    376 140
    Are you talking hypothetically here or has the brand actually contacted you?

    If the latter, try use the opportunity to build a relationship with the brand and cut out the supplier to you.
     
    Posted: Dec 8, 2020 By: intheTRADE Member since: Apr 14, 2019
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  13. MBE2017

    MBE2017 UKBF Ace Free Member

    2,127 807
    The brand will almost certainly make some test purchases to see if the goods are genuine, are then start to either threaten or take legal action, either option can be time consuming and expensive.

    Some brands like Disney tend to take legal action very quickly, others can take a bit of time.

    FWIW, find something else to sell, much easier.
     
    Posted: Dec 8, 2020 By: MBE2017 Member since: Feb 16, 2017
    #13
  14. mit74

    mit74 UKBF Ace Free Member

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    The products are genuine. Why would I do that?
     
    Posted: Dec 8, 2020 By: mit74 Member since: Jun 4, 2010
    #14
  15. mit74

    mit74 UKBF Ace Free Member

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    Doesn't seem like anyone can give me a striaght answer. I'm selling genuine products. If they threaten legal action do I need to stop selling them?
     
    Posted: Dec 8, 2020 By: mit74 Member since: Jun 4, 2010
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  16. Jyothi Tulasi

    Jyothi Tulasi UKBF Contributor Free Member

    32 2
    It depends on the type of product/good you are selling. Most big brands have specific outlets for their products and they don't allow any random person to display their products. They can partner with you or penalize.
     
    Posted: Dec 9, 2020 By: Jyothi Tulasi Member since: Nov 11, 2020
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  17. Mr D

    Mr D UKBF Legend Free Member

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    Depends.
    Do you want legal action to go ahead?

    We cannot answer for you.
     
    Posted: Dec 9, 2020 By: Mr D Member since: Feb 12, 2017
    #17
  18. Chris Ashdown

    Chris Ashdown UKBF Legend Free Member

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    The straigh answer is the manufacturer can lay down who can sell the items by giving them a licence to sell. for well known brands this may be exclusive to location like only one seller in Kent or within 20 miles this is to protect the brand and the seller so they have a exclusive area to sell in. they may also state you are not allowed to sell on the internet

    There was a big fight i seem to remember with Tesco and Levi jeans a good few years ago,about grey products it might be worth looking it up
     
    Posted: Dec 9, 2020 By: Chris Ashdown Member since: Dec 7, 2003
    #18