Forum Moderators: not2easy
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 ...
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
Regardless, I have to agree that legal advice is essential in this matter.
Syzygy
Usual disclaimer applies - I am not qualified for anything...