Legal Question in Business Law in California

Hi,

We are a corporation out of BC, Canada. Our business is wholesale distribution of electronics to retailers. One of our retailers has been buying product from us for two years and in the last 3 months has not placed an order. They still have been sending us customers for technical/customer support which we honor. We found out recently that they have been purchasing a clone of our product from somewhere else which is fine but the problem is they have been sending their customers to us for customer support. We believe this is illegal. Can you legally buy a product from one store and ask another store to honor customer support. It is our time put in for support calls and yet we make no profit because we didn't sell the product. Is this legal?

Evelyn Stavrakis


Asked on 12/01/10, 2:17 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

"Legal?" Sure. Breach of proper business practices? Yes. Your fault for letting it happens through lack of checking serial numbers or other evidence of purchase? 'Fraid so. Your remedy is to invoice the distributor for the customer service and sue if he doesn't pay, issue a cease and desist letter to cancel his authorization to sell your product, and institute security and verification procedures to prevent this from happening in future.

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Answered on 12/06/10, 2:45 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I basically agree. "Legal" is a term capable of different meanings. To most lawyers, "illegal" probably means something that is criminal, and punishable by fine or incarceration, such as murder and jaywalking, and possibly the term could be stretched to include torts such as civil fraud and trespass. However, attorneys tend not to think of breaches of contract or unethical conduct as illegal, even if the injured party has a remedy - which will usually just be money damages. There is probably a remedy, at least in theory, against someone receiving a service to which it is not entitled as a consequence of being a customer. Probably some restitutionary remedy based on "unjust enrichment" or "quantum meruit," and these theories could be useful as threats to the competitor and its clients, but it's probably not worthwhile to take legal action in a U.S. court at this time.

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Answered on 12/06/10, 5:36 pm


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