Legal Question in Business Law in California

Unauthorized Reseller using products to Direct consumers to web site

A high ranking web site is using products that my company has exclusive distribution rights to. When typed into search, our products are lsited in name, photo and cw description. From there you clcik to buy and it is no longer available, making a consumer have to call and no doubt they are sold the competing product. I have contacted the marketing firm which handles their web sites and contacted the owners of the web site as well. Have also contacted the search engine that is advertising for them. My first contact was Jan. 30th. Several times throughout February as well. Promises to remove the illegal use of our line of products has been ignored. Has anyone sued for damages on this similar problem?


Asked on 4/02/06, 11:09 am

5 Answers from Attorneys

Re: Unauthorized Reseller using products to Direct consumers to web site

The actions taken by the website company are essentially unfair business practices. It's a type of "bait and switch"

Happy to discuss this with you if the website company is in California.

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Answered on 4/02/06, 3:18 pm
Terry A. Nelson Nelson & Lawless

Re: Unauthorized Reseller using products to Direct consumers to web site

It is a form of trademark/copyright infringement and unfair competition. A nice chat with them is unlikely to scare them into correct behavior. Hire counsel to send a proper cease and desist letter or to sue if the facts justify it. Contact me if interested in getting it done right.

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Answered on 4/02/06, 5:19 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Unauthorized Reseller using products to Direct consumers to web site

In addition to what's been suggested previously, consider a Federal charge under the so-called anti-cyberpiracy laws. A 30-minute research session using Google or your favorite search engine should turn up quite a bit of useful reading material.....you may find leads to cases where pirates were sued and found liable under your set of facts, or similar. It's not a new gambit, and there have been cases.

Technically, the Federal anti-cyberpiracy law is intended to protect trademark owners, but as a licensee of the trademark owner you may be able to step into its shoes and enforce your exclusive rights to the mark.

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Answered on 4/02/06, 11:07 pm
James Jenkins Jenkins Law Center PLC

Re: Unauthorized Reseller using products to Direct consumers to web site

The message I received was marked California, Arizona as to the applicable jurisdiction. Several California attorneys responded. If California is where the offending firm is doing business, contact one of them and retain counsel. If Arizona is the state of business for the offender, contact me and I will refer you to an attorney in Phoenix who handles this kind of case, and is more into internet law as well.

Good luck,

James D. Jenkins

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Answered on 4/04/06, 11:18 am
Amy Ghosh Law Offices of Amy Ghosh

Re: Unauthorized Reseller using products to Direct consumers to web site

Yes...

do you have an exclusive reseller agreement for all of the US ?

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Answered on 4/02/06, 11:12 am


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