Forum Moderators: buckworks
If I had such an agreement and they violated it, would ebay remove the item's listing for me?
What is an effective way to do this?
I don't think there is an effective way. In fact, I am not sure there is any way you are able to do this and have legal recourse.
To be honest, though, I don't know enough about how Ebay works to take an educated guess on the outcome...just that I have never encountered a product with this requirement. I should think this is because in a market economy you maintain the right to sell anything, at any price, at any time. I.E. You can institute a Minimum Advertised Price Policy(MAPP) to control brand image, but it is illegal to regulate sales price...I am free to sell my products for a loss if I want (loss leaders). Doing so might risk having my status as a distributor revoked...
Wow, complex question. I am not entirely sure where you would begin with something like this.
I guess I would suggest asking a lawyer to see if you can do anything like that. Maybe a contract lawyer?
Otherwise do nothing.
Who is the owner of the item once they buy it from you? You or them?
If they own it then honestly what makes you think you have the right to tell someone what they can do with it once it becomes their property?
I am guessing here but.... if Ebay responded to such a thing it would most likely be to laugh at you.
If you don't want people selling it then don't sell it to people... lease them the product and have them return it when they are done otherwise get over it.
No need to be rude. I would expect more from a WebmasterWorld member.
[edited by: MWpro at 8:25 pm (utc) on Aug. 20, 2008]
I doubt they would. If it's not a legal issue (as in some form of government law) they can't possibly be expected to cater to the personal agreements of the millions of manufacturers and sellers of products in the world.
IANAL, but you can restrict re-selling of a software license (thay can sell the CD-ROM, but it's worthless without a license). But if you sell a physical widget, you are transferring ownership of that widget to the buyer, who is then free to do whatever they want with it (paint it, sell it, glue two of them together, etc).
This need for control that more and more companies are trying to exert on their product once they have sold it to someone is going to far and I for one am sick of it.
Companies who manufacture printers are trying to make it so you can't get "cheap" refills. They want to tell you what to do with your property. If I want to buy cheap ink and put it in my printer that is my right.
Companies that provide cellphone service take cellphones and make it so you can only transfer stuff through them even though the phone can be made to not have to do that. You can unlock your phone so it works how you want, but now they want to stop you from doing that as well, making it so you can't do what you want with YOUR phone.
Now you want to make it so people can't sell their own property.... imagine Walmart tried to get the city to not issue garage sale licenses because Walmart doesn't want you to resell stuff they sell?
Imagine Ford calls the newspaper to have an ad removed for a used pickup because it is less then what they sell it for and they don't want competition?
Would you think that is ok?
Sorry if you think I am rude. I think your idea is insane.
[edited by: Demaestro at 5:33 pm (utc) on Aug. 21, 2008]
Are distributors buying them and reselling at a venue you dont like which you think degrades your brand image? Have them sign a legal agreement indicating they will not do this.
...like PayPal.
Can we start a new thread on PayPal? Please...
It all depends on what is being sold and the jurisdiction involved.
