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Manufacturer using Copyright to stop us selling

Even though we hold their stock

         

jgar

4:19 pm on May 9, 2007 (gmt 0)

10+ Year Member



We have had a reasonably large account with a UK manufacturer, and held a lot of stock. They decided to drastically reduce the number of internet retailers, and closed all but a few accounts.

We have removed some of their products from our pages as they have gone out of stock, but still show those that we are still selling from stock.

The manufacturer wants us to remove "all images and text" relating to their products as it is "now in breach" of their "Intellectual Property Rights", even though we still have stock to sell.

We invested a lot of money into re-working their images and writing text (and buying their products for our warehouse!), and have behaved as a good retailer offering good service and in-depth product advice over the years.

Are they allowed to stop us in this way from selling the products we have in our warehouse?

Any ideas how we might deal with this effectively?

Thanks in advance for any advice ...

jdMorgan

4:33 pm on May 9, 2007 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Yes, contact an attorney.

Jim

DamonHD

4:59 pm on May 9, 2007 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Facts are not protected by copyright.

If the manufacturer supplied pictures, then replace them with some of your own.

If your selling pages are purely factual then they haven't a leg to stand on in terms of IPR, unless the product is licensed, eg software, or you have specific contract terms that allow them to do this.

However, you might just ask them if they know what barratry is, and if they really want to get lumbered with costs for attempted unreasonable/unlawful restraint of trade, etc.

Rgds

Damon

DamonHD

11:17 pm on May 9, 2007 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



IANAL, BTW...

Syzygy

3:49 pm on May 10, 2007 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



My first reaction to this would be to ask for a refund on all stock held that was supplied by this manufacturer (presuming you bought it from them). Having said that, if you have bought the stock then I cannot see how you can be stopped from selling that which you own.

Regardless, I have to agree that legal advice is essential in this matter.

Syzygy

Usual disclaimer applies - I am not qualified for anything...

jgar

9:31 pm on May 10, 2007 (gmt 0)

10+ Year Member



Thanks for the replies. Yes, we did buy the stock from them. It is such a shame that this happened as they had always been a good company to work with ..