Legal Question in Intellectual Property in Massachusetts

selling over the internet

What are our options to stop a floor covering retailer to sell our products over the internet. This retailer buys from a floor covering distributor. We are the manufacturer selling to the distributor. We have across the US regional brand exclusivity agreement that are beeing overlooked everytime a consumer buys over the internet at a very low price our branded floors.


Asked on 10/30/07, 3:36 pm

2 Answers from Attorneys
Mathieu Piche Messier BORDEN LADNER GERVAIS LLP

Re: selling over the internet

Probably Injunction proceedings. Court Order to stop. If no compliance then contempt of Court. Our firm is specialized in these kind of proccedings.

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Answered on 10/31/07, 9:18 am
Lawrence Graves Coolidge & Graves PLLC

Re: selling over the internet

This is a tricky area because it implicates anti-trust law. Acting unilaterally, you can cut off a direct customer under long-standing US Supreme Court doctrines. Those cases also make it clear that you cannot act in concert with another party (like your distributor) to coerce adherence to a certain price (like a "manufacturer's suggested retail price"). Recent cases lend more sympathy to maintaining a pricing structure. You should discuss your options with an attorney, as there are serious pitfalls in this area of law.

Best wishes,

LDWG

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Answered on 10/30/07, 4:00 pm


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