Legal Question in Business Law in New Jersey

Hello there,

I am a small business owner and I sell on eBay and on other venues. I buy/sell everything as an authorized dealer. Yesterday, eBay took down 3 of listings from the same Vendor saying that my listings were not authorized and and there is a copyright violation. This is a wrongful accusation. I contacted both eBay and my vendor. The listings are still down. I sell Halloween costumes and 1 day in these 30 days is a big deal.

When I talked to the eBay, I told them I have the contracts and the invoices from this vendor and the emails, that proves that I do not violate anything. They don't seem to care . When I talked to my vendor they said they are shocked, and the owner of the pictures is the owner of the company and they will contact him. Anyways. 1 day passed and the listings are not up. One of the listings was my best seller and I have inventory of that and many others. I told my vendor I am willing the pack and return everything for a full refund and willing to terminate my dealer rights and take down all of their items. No answer to that either. This is causing me a lot of stress and I am losing sales every hour , this being the Halloween season. I would like to learn if I can do anything legally. At this point, I really do not want to sell their products and I do not want to stuck with their products. I would like to learn what I can do about this. Both eBay and Dreamgirl International at the wrong. and if anybody is violating any rights, they are the ones.


Asked on 10/13/15, 8:47 am

1 Answer from Attorneys
Frank Natoli Natoli-Legal, LLC

This requires a more proper analysis of all the facts and circumstances before a best course of action can be reached. But know that anytime you rely on a third party platform like eBay or Amazon for your business you run this risk. You operate under their terms and they call all the shots. Now is a party interferes and causes your account to be terminated without any justification you likely have legal recourse against that party but not eBay. This happens all the time.

I suggest that you consult with a lawyer in private and discuss your objectives in more detail. You can start by calling around to several for a free phone consultation, get some insights then pick the best fit to work with.

If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.

Our firm is now referred by the American Bar Association (see under the New York section):

http://www.americanbar.org/groups/delivery_legal_services/resources/programs_to_help_those_with_moderate_income.html

Kind regards,

Frank

www.LanternLegal.com

866-871-8655

[email protected]

DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.

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Answered on 10/13/15, 8:55 am


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