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Posted: 6/30/2015 11:08:00 PM EDT
[#1]
have him email this back..
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Posted: 6/30/2015 11:08:51 PM EDT
[#2]
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I'd update my description to tout "less than manufacture's minimum advertised price!" Lol this Posted Via AR15.Com Mobile |
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Posted: 7/1/2015 7:39:38 PM EDT
[#3]
Wait, now they're claiming that he isn't allowed to sell his stuff on ebay?
What exactly do they think they can do to stop him? |
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Posted: 7/1/2015 7:46:54 PM EDT
[#4]
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I'll update with their response if he gets one. He emailed them Saying he isn't a distributor. ETA - He sent me a copy of the message from 5.11. Turns out they didn't accuse him of being a distributor selling at MAP prices but the opposite. They said he was an "unauthorized reseller" and only their approved resellers can sell 5.11 items and he is not allowed to sell any of their items on third party sites such as eBay. I'm trying to figure out how to upload a pic of the screenshot. Quote HistoryQuoted:
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I suspect a dealer reported him. I would reply that I am not a dealer and I am not bound by a MAP agreement. Tell them you are merely divesting of some old stock that was given you. Keep your logic and reasonable replies out of here. We need to be butthurt and boycott over a company attempting to control unauthorized resale of their product by their dealers. Clearly some geek behind a computer at 5.11 should have known it was a military member selling five new shirts gifted to him. Hopefully no one comes in here and explains how shady dealers selling below MAP hurts the honest dealers and negatively impacts their sales/income. When do we boycott ARF for prohibiting the resale of our accounts??? I'll get him to send me the letter they emailed. They didn't ask anything (are you a distributor?) Just sent the litigation threat. I'm fine with them not having their dealers screwed.....but it doesn't seem logical to send it to someone selling 5 shirts. Most of the time, it's shitty dealers violating their contracts. I'm sure if he messages them back and explains, they'll be fine and back off. If they still try to push it after that, then we can say fuck 5.11. You have to remember most people selling multiples of new items on eBay got them some other way than paying retail for them. Your brother definitely didn't do anything wrong, but he's definitely the minority on eBay when it comes to stuff like that. Fortunately eBay sides with buyers 9/10 times these days, even if the buyer is totally in the wrong, so your brother should be fine no matter what. I'll update with their response if he gets one. He emailed them Saying he isn't a distributor. ETA - He sent me a copy of the message from 5.11. Turns out they didn't accuse him of being a distributor selling at MAP prices but the opposite. They said he was an "unauthorized reseller" and only their approved resellers can sell 5.11 items and he is not allowed to sell any of their items on third party sites such as eBay. I'm trying to figure out how to upload a pic of the screenshot. Email it to me and Ill post it. [email protected] |
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Posted: 7/1/2015 7:53:38 PM EDT
[#5]
First Sale Doctrine applies. Ignore the letter, or respond with a really stupid comedy response.
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Posted: 7/2/2015 9:42:54 AM EDT
[#6]
Here you go OP
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Posted: 7/2/2015 9:51:57 AM EDT
[#7]
Have him take them out of the packaging so that they're 'slightly used' and then he can tell 5.11 to GFTS.
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Posted: 7/2/2015 10:02:31 AM EDT
[#8]
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Here you go OP http://i1366.photobucket.com/albums/r774/artbre/Mobile%20Uploads/image_zpszwg6xaqw.jpg Part I see sounds like the person is giving the impression they are a 5.11 dealer either through logos or imagery. It is true that if the OP is using imagery from the 5.11 site that is copyrighted material. However if none of the above is true I would send them back a picture of my nut sack ETA: post the eBay link so we can check it out and someone can purchase |
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Posted: 7/2/2015 10:07:38 AM EDT
[#9]
So you're using their copyright images to sell your used shirts?
Stop it... |
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Posted: 7/2/2015 10:08:55 AM EDT
[#10]
C&D letters are mostly unenforceable.
No one is going to take a $300/hour lawyer and make them go after you for 200 bucks of stuff on fleabay. Now if you open up a storefront and start to sell their stuff without their blessing, that's another story. I'm guessing they just assumed he was planning on selling their thin, cheap t-shirts and shitty chinese knives as a "retailer" and not private party. Selling shit on ebay does not make you a "retailer" unless you have a implied, contractual relationship with the manufacturer. ARB sent me a letter when I sold two Land Cruiser bumpers, I told them to FOAD, mate. |
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Posted: 7/2/2015 10:16:36 AM EDT
[#11]
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Tell them to FOAD, you're not a retailer. Zactly, he is not a retailer so no contract. They are second hand NIP goods. |
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Posted: 7/2/2015 10:26:46 AM EDT
[#12]
try selling a yellow drill w/black trigger..Dewalt will shut you down even if is plainly stated that is Chinese made.
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Posted: 7/2/2015 10:30:00 AM EDT
[#13]
Quote HistoryQuoted: Tell him to reply with, " buy them from me or go fuck yourself".  |
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Posted: 7/2/2015 10:35:56 AM EDT
[#14]
nvm
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Posted: 7/2/2015 10:49:54 AM EDT
[#15]
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I'm sure they could Vero rape his account just because though... I wonder if changing them from "new" to "new-Other" would help? Quote HistoryQuoted:
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Tell him to reply with, " buy them from me or go fuck yourself". This. That was my first thought on the matter. I'm sure they could Vero rape his account just because though... I wonder if changing them from "new" to "new-Other" would help? Well considering they're not new... |
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Posted: 7/2/2015 10:53:05 AM EDT
[#16]
Ignore it and keep the auction... fair use of trademarks allows using the name for reselling. Image listing your Ford on craigslist saying "For sale, Used former-Ford F150".
The MAP is a private party contract between 5.11 and resellers. It's a safe bet your buddy did not sign it either. Finally, trust me on this one... if 5.11 had a case, they would not have talked to your buddy, but have gone straight to eBay. He would have discovered his auction pulled. |
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Posted: 7/2/2015 11:00:36 AM EDT
[#17]
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Ignore it and keep the auction... fair use of trademarks allows using the name for reselling. Image listing your Ford on craigslist saying "For sale, Used former-Ford F150". The MAP is a private party contract between 5.11 and resellers. It's a safe bet your buddy did not sign it either. Finally, trust me on this one... if 5.11 had a case, they would not have talked to your buddy, but have gone straight to eBay. He would have discovered his auction pulled. I agree with direct to eBay - however taking your own picture of your ford with the emblem shown is one thing, taking a ford logo and imagery off their website and posting it as your own is not fair use ETA: to clarify not arguing as we have not seen the post so it could be either one |
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Posted: 7/2/2015 11:05:35 AM EDT
[#18]
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Tell him to reply with, " buy them from me or go fuck yourself". Pretty much this. |
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Posted: 7/2/2015 11:08:26 AM EDT
[#19]
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Pretty much this. Quote HistoryQuoted:
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Tell him to reply with, " buy them from me or go fuck yourself". Pretty much this. yup |
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Posted: 7/2/2015 11:18:51 AM EDT
[#20]
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I got an email from THX, supposedly, when I listed a THX demo disc for sale on fleabay years ago. It said the disc was not to be sold and was only given out to dealers etc etc., they insisted I take the auction down. I didn't and it sold without issue. I'd have told them its my fucking disc and to fuck off, followed by a fuck you to george lucas! |
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Posted: 7/2/2015 11:20:41 AM EDT
[#21]
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My brother listed several 5.11 shirts (5 or so) on eBay. They were new in packages still sealed. He got a letter saying he is violating MAP pricing from 5.11 and they would take legal action if he didn't correct it?????? For a handful of shirts? MAP is distributor stuff and not for someone trying to move 5 shirts he doesn't want  . Seemed like bullies sending that to a guy serving in the USAF currently and selling 5 shirts for cheap. They weren't issued but personal owned.
I never had a problem with 5.11 but it seemed a little bit like they are intimidating the market using a form letter to scare people. Send them a letter back informing them that you're not a dealer and, thus, not under any obligation to conform to MAP. Close the letter with "Fuck You Very Much, kncook" |
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Posted: 7/2/2015 11:26:13 AM EDT
[#22]
So you can't resell your own crap? That's their claim?
lol. |
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Posted: 7/2/2015 11:28:25 AM EDT
[#23]
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I'd have told them its my fucking disc and to fuck off, followed by a fuck you to george lucas! Quote HistoryQuoted:
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I got an email from THX, supposedly, when I listed a THX demo disc for sale on fleabay years ago. It said the disc was not to be sold and was only given out to dealers etc etc., they insisted I take the auction down. I didn't and it sold without issue. I'd have told them its my fucking disc and to fuck off, followed by a fuck you to george lucas! I think they get that so much it's like a greeting over there. |
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Posted: 7/2/2015 12:06:33 PM EDT
[#24]
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yup Quote HistoryQuoted:
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Tell him to reply with, " buy them from me at MAP prices, or go fuck yourself". Pretty much this. yup Fixt |
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Posted: 7/2/2015 12:42:39 PM EDT
[#25]
So, has he sold them yet?
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Posted: 7/4/2015 2:10:25 AM EDT
[#26]
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Well considering they're not new... Quote HistoryQuoted:
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Tell him to reply with, " buy them from me or go fuck yourself". This. That was my first thought on the matter. I'm sure they could Vero rape his account just because though... I wonder if changing them from "new" to "new-Other" would help? Well considering they're not new... |
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Posted: 7/4/2015 2:14:24 AM EDT
[#27]
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Oakley does the same shit. I used to work in a bike and ski shop. We sold a shit load of Oakleys because the boss didn't mark them up much over his cost. Oakley rep stopped in and took the boss to lunch. Told the boss; "We don't discount our product, get your prices back up or we'll pull your dealership." Quote HistoryQuoted:
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Add another company that can go fuck themselves Oakley does the same shit. I used to work in a bike and ski shop. We sold a shit load of Oakleys because the boss didn't mark them up much over his cost. Oakley rep stopped in and took the boss to lunch. Told the boss; "We don't discount our product, get your prices back up or we'll pull your dealership." Your boss was aware of Oakley pricing policy and agreed to it when he opened the account. Tough shit if it isn't selling. If your boss couldn't move Oakley at retail and couldn't play by the rules, he was more than able to close his account. |
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Posted: 7/4/2015 2:44:06 AM EDT
[#28]
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So you can't resell your own crap? That's their claim? lol. This is Ameri(C)a. When a corporation tells you to do something, you don't ask fucking questions, consumer. |
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