CEASE AND DESIST Letter for a $15 EBAY Sale???
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- Опубліковано 26 чер 2024
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That C&D letter is dog water. I am not a lawyer but my gut feeling is that it holds about as much legal weight as the 20-30 scam calls I get every week claiming they are "process servers". Love your videos & keep up the good work!
I recently sold a Keranique hair brush. The person left positive feedback saying they loved how it worked on their hair. They did not seem confused at all. 😂
😂😂😂😂😂
I love it when Candice says: when Lonnie runs out of stuff to list😂. Love you both. Have a great weekend!
Love the runescape in the background. That letter is humorous lol. It would make me want to go out and find more just out of spite.
lol i was the one that bought the mug. Thank y'all!
If I had received that letter, I'd be out buying as much as I could get my hands on, and get listing it asap!
I have never heard of a better business partnership than what you have with Guy. ❤
We have received letters like that, but not from that exact company. You are right it's always health and beauty products, and they are usually worded similarly and don't really make good sense. But if you ignore or don't comply you would be surprised at the steps they will go over just a few items, fyi in our experience the next step is a certified letter lol.
Thanks for the Barbie, the wife loves it.
Bentonville is a large city in n.w. Arkansas. The original store was a 5 and dime and still operates til this day. Im about 20 minutes from it.
Glad you guys see the letter for the junk that it is. Keep it up
I hope you do find more of their products, so they’ll buy them so they can send you more angry letters lol
That letter is written so poorly it doesn't seem like it's been anywhere near a lawyer. Asking to confirm receipt makes me think it's been sent out to other sellers. I'm suspicious that it may not even be from the company - could it possibly be from another ebay seller that sells those products a lot and is trying to stop the competition.
I thought the same thing!
Me too!
Expose them to the public and watch magic happen! Shits been going on for years , time to pull the curtain down
Old batteries are collectible too. Make sure you check them out before you toss them.
I buy vintage toys and save the really old ones.
I'll lot them up some day.
The made in USA "AA" batteries. If they are that pristine and are vintage, check their value as stage props or displays, even if they are dead. Some older small batteries do sell for props or collections. Try google lens to date them. Generally speaking the older and cleaner, the better. 😉
u did right lonnie. keep it moving lol. they are jealous u are taking money out of their pockets lol
You should scan the toy Bible he let you borrow. Seems like it could be useful. Or snap pictures and keep it in your phone
Love watching you guys!!
What might be a good idea is in the description of anything else you sell of that brand that you put a disclaimer stating that you are not an authorized retailer, you don't own that the copyrighted brands, list the owners and make a statement that we have no intention of confusing any consumers. I buy and sell used electrical equipment. I have noticed that several of the larger electrical equipment resellers are putting disclaimers in their descriptions.
I completely agree! Good video!
You can get sued. It happened to me. I bought something on Amazon didn't use it and was selling it on ebay and then I get a copyright patent vero. They did a mass lawsuit against everyone selling the product. I was dismissed as I proved I only had one and I had receipt from Amazon. Many ebay and amazon sellers were given a $25,000 bill for a $15 item from the lawsuit.
Companies need to stop hating. Once they sell it, it belongs to the buyer to sell it if he or she wants
It's crazy that all these companies claim you aren't protected by the first sale doctrine. They claim it because they believe that when you sell their product but don't represent what is typically expected from their customers then you're infringing... It could be something dumb like special packaging, throw in items or subscriptions based things... Yet not aware of a single case other than one.. likely just a Keranique dealer thinking you're hurting their sales
I got one from that same company and just kept getting letter after letter. This company literally is trying to control the market and online sales to not allow sales to anyone but themselves
I add a disclaimer at the bottom of my listings that states that I am not an authorized dealer and not affiliated or endorsed by any of the companies or brands in the listing, etc. Figured it couldn't hurt. I'd probably avoid selling that brand again though. Even if they have no case, it doesn't mean their bored lawyers won't sue you if they get annoyed enough.
Also, after all this time, you'd think eBay would have come up with a special mark that authorized sellers could have in their ads to prevent buyer confusion. Maybe something like a dark blue circle with a check mark inside it. Perhaps they could even add a filter option to only show listings by authorized sellers.
Mary Kay is pretty vicious. Don't mess with them. You'll actually hear from a real attorney.
I iced packed a candle last year!
I woukd copy that hose reference pages because they could be very helpful in the future
That dog figure is branch manager and assistant branch manager. 😂
Rockstar Flipper was sued and received the same letter. I believe he cautioned selling it again as the company will pursue a lawsuit.
As the number of SADs lawsuits seems to be growing, I would 100% take the request in this letter seriously and consider the consequences of ignoring it.
I got something similar from Arbonne, except that came as Certified Mail and I needed to sign for it. That made me a touch more concerned when they do to that length.
I was in a lawsuit for a 8 dollar book from a publishing company selling a used college book. May lawyer told me I would win if I fight them but it will cost anywhere from 20-40k each year and expects 3 years before even getting to court. Companies big enough know they can bankrupt us smaller guys even if they know they are in the wrong…
8 dollar damn book…
Keranique? More like KAREN-ique 😅 There's so many being sold on Ebay, are they sending a letter to everyone? 🤪
I bet they just outsource brand protection to some 2-bit agency with a minimum wage office trainee that spends all day hunting for clients products so they can send these copy-and-paste mass produced letters out and report back monthly that they are doing such a great job, and you really need us to protect you. I bet the client does not know that a lot of the letters go to one off eBay sellers, all they are fed is that you were an unauthorised seller of their products. Happens all the time in UK. Love you both❤
Huggicates you two thanks😊.!😊
We have a Ralph and Kacoo's here in Lufkin, TX.
29:59 I bet that letter is fake. I'm sure it not legit.
I wouldn't laugh too hard. A friend of mine sold the bigger bottles on her eBay and thought the same thing until she kept selling them and they came after her for $30,000 infringement cost. She had to get an attorney to get out of it. That cost a lot.
Lmao… it would be diff if half the shed were product of theirs you were flipping. But a 1-0ff item for $15!! It wasn’t even sent from a law firm and not certified… if they were so serious about it… why not spend the extra $6 to certify the delivery as proof. They are 100% correct at this point…. I am super confused with their stupidity. 😁✌️☘️
Last week I got hit with 3 more Vero claims of a product that they took down last year. How does that even happen. They weren't even listed , I made sure.
Tell your wife that Cure t-shirt makes her Grade A awesome in my book. ❤
We have had a influx of emails from other sellers or folks asking how we got information that is described in our description. Saying we can not copy and paste information we find on the item or maker.... Right........ "what" this makes no sense. One of the folks i guess wrote a book on Estée Lauder and was making claims i am using their work to make money. 😂 In my ad i had a, one paragraph explanation of Estée Lauder and when they got established. Guess they wrote the info i used, idk things turning into more a cluster F as folks fight over every 💵
What a very apt name for the company of the product! 😂😂
The letter a fake, they stamp and sign with thier notary correct?
I got one also for a dog harness 😳
Sealed Damaged Media Cases: What I sometimes do is list the item as New (other) and in the remarks mention that the case is unopened, but has damage or shelf wear and that I will send along a replacement case so the buyer can swap the cover art and disc over to the spare case, once they have opened it. That way the buyer knows the item isn't "Used". Case damage often happens with NOS Sealed CDs, that get cracked just enough to not be able to call them "New".
If I am concerned that the disc has been damaged, when the case was damaged, then I open it to check and change out the case and take the value hit. 😉
If they spoke to their lawyer, you would have received the letter on the law firms letterhead. They’re just being bullies 😂now I’m gonna look for
That brand just so I can list it on eBay 😂😂
The C&D is most definitely garbage. It belongs in File 13. It did bring me a laugh tonight though. As long as products are legally acquired and they are not fake (which would be a VERO claim), then you can sell to your heart's content. Honestly, if it were me and I knew I could get 100 of their products, I would list those jokers, then let them know they were welcome to buy them from me if they did not want me to sell them. "Customer confusion?" Please!
That letter is a load of BS. You own it, you can sell it lol
Hi Guys, re: Kerinique, interesting if they bought it themselves, what feedback they leave you! Love your content long time reseller too Cheers
I'm curious. Do you cost out your inventory by item, or do you just Use the cash system. = I bought this much total. I sold this much total
I watch your videos all the time. I was wondering on Ebay you use promoted listings have you ever used the coupon offer to previous buyers. I tried to get instructions from ebay no info given it just goes to a promoted listing page. Candace the Ebay guru can you offer any advise.
If it was them that bought the product from you, it would appear there is no "confusion" at all, right?
I wouldn't risk my Ebay account for $15... I wouldn't sell it anymore. Companies will come after you.. They will take you to court and win if they want to. Ask RockStar Flipper it happened to him with Cell phones back in the day. I agree though.. it should be BS.. but it is not.
That cell phone thing is not even slightly comparable. That was a well publicized scheme that was going on back in the day, sending contract phones overseas where they could be unlocked and used.
ive had a letter like that before for true religion jeans they bought from me then sent me a letter that im not authorized to sell new true religion jeans this was back then
IANAL and it should go without saying that you should not take legal advice from youtube comments. That said what I would do is first get a copy of the letter to ebay and ask for guidance from them. Then I would contact (or have someone else contact) Keranique legal through official channels (aka not the ones listed in the letter.) There's a pretty good chance the letter is not from them, and if so, they will definitely want to know if another entity is committing fraud using their brand! If the letter IS legit, then you'll know for the future and can avoid problems down the line.
But, you know, probably consult with an actual lawyer first.
I would block that buyer, obviously it is someone who just looks for things to buy to get the address to send out those fun letters, lol. Just might save future headaches is my thought process. Always enjoy your videos.
If you block that buyer, will they be able to see your listing if you decide to list more of it?
What is that collectors guide of guys? Is it something I can buy somewhere so it can help me identify figures & weapons, etc. Thanks
It's a binder that he put together himself. It's various publications.
The Shop Safe Act has headed to the House of Reps. Expect literal floods of such things and more one year to the day it passes into law. Sellers dont understand the magnitude of this. Someone claims counterfeit true or not or brand/representing of brand make claim, true or not its "all things changed." Local law enforcement for example be actively involved and can easily shut down any seller as just one example.
Does it have a warning on it that it's only allowed to be sold by them or their partners? Unless it's only allowed to be sold by them then and their partners then they might have something to stand by. I'm starting to wonder if that's the future .. not being able to sell stuff without permission. Sound like something that Amazon does at times. maybe they should approach Ebay and have it put on Vero list if they want noone to sell it, What is the point of being a business if you can't sell anything without special permissions and permits.
Those titles that you bought new that you had to open if the cases are in perfect shape you might be able to sell it as like-new.
Watched the Wayne video that was crazy
You would not believe the amount of Cease and Desist letters we receive as an Amazon seller. They simply reply to our listings and attach a PDF. 😂
the battery companys are owned by people who want there stuff to break
Were you selling that Keranique as new? That makes them more likely to come after you. And I wouldn’t count on them not going through eBay as meaning you’re safe. Some just prefer to go directly to the seller, which is why they likely bought it to prove you’re selling it and give them action to come after you.
Action for what? We had no prior agreement with this company.
the last ad I got was for a bidet seat. ok.
are you playing RuneScape in the background, if it is im surprised its not the old school version.
Rs3, I like it better. Trust me I know the osrs fans hate it.
👍👍👍👍
I've gotten fake letters in the past
You should google the address and see if it's actually a business or a house.😂
25:13 This is so incredibly ridiculous. It also seems to me that they bought the crap themselves to get the address. A friendly message via ebay would have been enough to remove their crap from the listing. It's very clownish.
I never sell a lot on the week before the 4th of July. Everyone is spending their money on fireworks.
These BS cease and desist letters are getting old.
That letter is dumb. If you bought it, it's yours. You can do whatever you want with it.
The letter is from a beauty supply company called profectus beauty, they are a beauty supply company that is not accredited by the BBB😂😂😂
What game you playing on the monitor?
RuneScape 3
they just want to you pull them off ebay
Mail them a money order for $15 with a snarky sarcastic letter how you are sorry and hope they don't go out of business and doing your part to ensure they don't go bankrupt over the $15 sale you stole form them.
Lmao it would only be trademark infringement if you were representing you were them, using a trademark in a descriptive way is fair use (for example, saying something is Lego compatible is fine, and if it is lego it's fine but saying something that isn't Lego is isnt)
You can tell they know its bs because it's the brand itself sending it, not their legal team or council (idk if that's the right spelling 😂) - because if it was you'd actually be able to complain to someone because they know they shouldn't be doing it
They can do nothing and simply say not affiliated if it makes people feel better
Maybe better to get a cease and desist from them than get one from Ebay and get dinged? I'd lay off selling stuff by that company, petty tyrants they may be.
But You have more experience in these matters, so maybe it is safe to ignore them.
unless you were served with that letter they cant prove you ever got it so don't read stuff like this on your videos,its like jury duty you don't actually have to ever go unless you fill out that mailer they send..jury duty notices go right in the trash!!!
Maybe you know who are making Chinese knock offs and that's why.
Hi guys. Not sure who handles their PR or marketing but they are either really dumb to send that letter or really super smart. Dumb because clearly your store is not stocked with their products to affect their brand. OR, someone from their company is super smart because I can tell you that after watching this video, I went straight to googling their products to see if they make stuff I need. I never heard about this company until today. This video might actually help their sales. Guys I actually think you were tricked and you need to get paid for this free advertisement 😂😂😂😂 (Of course I am teasing about the trick part. I am serious about everything else 🧐 )
Probably another seller trying to rid ebay of the competition and get more inventory to sell themselves.
How dare you cause such confusion with their customers 👍
Just hope they don't find this video.
First? Second? Third?
please stop talking in army talk its so cringe, just say A,B,C,D its way easier and shorter to say
Guy is such a good guy! 😁 Did y'all get a peek at those famous calves 😆🦵🦵😚