Bullworker, Hughes Marketing, illegally requested removal my Ebay listing & refused to provide written permission to re-list the USED product.
I bought the Bulworker used from a second hand store and listed it on Ebay for sale. Some weeks later, Hughes Marketing cotacted Ebay and had the listing removed claiming it was a trademark infringment for me to sell the item.
According to Linda when I called Hughes Marketing, Bullworker, last week, it is not a problem for them if people list and sell their products if it is used and that person(s) own it. She claimed that Mr. Hughes had left the office for the weekend and would be back Monday and that she would have him contact me and eBay to let them know that I could sell the item.
I had requested written permission to be sent to me via email and to eBay.
There has been NO response from the company as of Monday or the following day after I placed a call and sent 2 emails requesting the written permission to sell the item.
Ebay has said that I could list the item since I contacted Bullworker and they said it was OK, but Ebay had originally requested written permission and Bullworker, Hughes Marketing has thus far failed to respond.
So far it is a clear case of the big company picking on the little guy illegally. Especially since the Supreme Court ruled that it is not illegal to sell and even list used products for sale. Reference below...
Supreme Court: You Bought It, You Own It, You Can Resell It
This past week the United States Supreme Court decided a case that reinforced the right to re-sell something that you had lawfully bought.
Now — you might be wondering what’s so earth shattering about that. After all, hasn’t that always been true? You own an iPad and want to get a new tablet instead? Just sell the old iPad or donate it or recycle it — because it’s yours and you can do what you want with it. Bought a book and no longer need it? You sell that, too. Right?
Here in the States we have something called the “first sale doctrine.” It simply means that once a tangible copyrighted work (or something with copyright in it) is sold lawfully the first time, the original copyright owner no longer has rights over the physical item. After that, the buyer can do whatever he or she wants with it — sell it again, donate it, whatever. That’s why you can legally hold a yard sale or sell computers on eBay. The resale right applies only to the physical item sold, not copies.
Most of us take resale rights for granted.
But that right to resell copyrighted items had been challenged in court. The Supreme Court’s decision this week reaffirmed that owners have resale rights, asDaniel Fisher writes in Forbes:
Hughes Marketing, LLC Reviews
Bullworker, Hughes Marketing, illegally requested removal my Ebay listing & refused to provide written permission to re-list the USED product.
I bought the Bulworker used from a second hand store and listed it on Ebay for sale. Some weeks later, Hughes Marketing cotacted Ebay and had the listing removed claiming it was a trademark infringment for me to sell the item.
According to Linda when I called Hughes Marketing, Bullworker, last week, it is not a problem for them if people list and sell their products if it is used and that person(s) own it. She claimed that Mr. Hughes had left the office for the weekend and would be back Monday and that she would have him contact me and eBay to let them know that I could sell the item.
I had requested written permission to be sent to me via email and to eBay.
There has been NO response from the company as of Monday or the following day after I placed a call and sent 2 emails requesting the written permission to sell the item.
Ebay has said that I could list the item since I contacted Bullworker and they said it was OK, but Ebay had originally requested written permission and Bullworker, Hughes Marketing has thus far failed to respond.
So far it is a clear case of the big company picking on the little guy illegally. Especially since the Supreme Court ruled that it is not illegal to sell and even list used products for sale. Reference below...
Supreme Court: You Bought It, You Own It, You Can Resell It
http://smallbiztrends.com/2013/03/resale-rights-you-bought-own.html
This past week the United States Supreme Court decided a case that reinforced the right to re-sell something that you had lawfully bought.
Now — you might be wondering what’s so earth shattering about that. After all, hasn’t that always been true? You own an iPad and want to get a new tablet instead? Just sell the old iPad or donate it or recycle it — because it’s yours and you can do what you want with it. Bought a book and no longer need it? You sell that, too. Right?
Here in the States we have something called the “first sale doctrine.” It simply means that once a tangible copyrighted work (or something with copyright in it) is sold lawfully the first time, the original copyright owner no longer has rights over the physical item. After that, the buyer can do whatever he or she wants with it — sell it again, donate it, whatever. That’s why you can legally hold a yard sale or sell computers on eBay. The resale right applies only to the physical item sold, not copies.
Most of us take resale rights for granted.
But that right to resell copyrighted items had been challenged in court. The Supreme Court’s decision this week reaffirmed that owners have resale rights, asDaniel Fisher writes in Forbes: