I Got A Cease and Desist Letter For Reselling This Brand

and more importantly it really shrinks private property rights and that's I think the biggest issue here do we not own what we own because if you can't sell what you own then you don't really Own It Hello everybody welcome back to Commonwealth flipper welcome to the cabin have an interesting topic today I got a cease and desist letter first time I've ever got one of those and I'm going to talk about that the ins and outs of it everything we've been talking about Jess is actually here today and she's loading up the next whatnot show we've been selling a lot of dibd as well and our sales are down just to tick on eBay but it's a good thing and I'm going to explain it to you here in just a [Music] second because the sales the number of sales are down however the dollar amount is up which is really what the goal was all along here and it's pretty good this is probably the highest ASP day I've had in a very very long time we had a really high dollar item thing at least for me sell today and I can't wait to show you that and all this other stuff that has sold as well let's take a look so I always have a lot of folks that complain that I don't get to the topic so I would normally say something like this show is really about what's sold on eBay but today I'm going to get right to the topic I'm going to pick one item we're going to get to the topic and then talk about it throughout the whole video or at least most of the video today because as many of you know I'm passionate about this stuff I think there are some serious issues and serious threats to minimizing the ability for us to resell in different ways and I've talked about that before but I'm going to read this letter that I got and I got it off of Believe It or Not Bonanza where is this here it is right here I knew it was here a Sonic Hedgehog I've been waiting for a while this is a pretty popular one right here and it goes for decent money this Hedgehog Sonic right here went for $25 $24.95 plus shipping actually I just looked it went for $25.99 Plus shipping so let me see I don't think no I was not a viewer I haven't had as many viewer sales lately and I think we have a couple today like I said only 14 sales in two days that's seven a day that's way down from where we're at but the sales for the day are over 1,200 bucks so really high ASP right here all right here it is I got this email from Bonanza of all places but it doesn't really matter where it's from to me actually it matters in in one case here in just a second but I got to Sease some DEC this letter so here we go the items in your booth associated with this brand it came by the way from bananza it did not come from New Era which is what this says here in your booth associated with this brand new era cap company Inc are protected by copyright trademark and the owners prohibit these items from being sold without their permission a season assist notification was received on I give the date and Bonanza is legally bound to remove all infringing items we have removed the following items from Bonanza if you wish to list the content again we will need you to receive a retraction of the complaint from the brand owner their contract information can be found at the bottom of this message and then they go and list four different hats that were removed and when I got this I was little bit incensed cuz this stuff kind of ticks me off my original thought process on this was you know first sale Doctrine we have the right to resell this stuff period we have the right to resell it and as you know you've heard other companies I've talked about this stuff before in my opinion they have no right whatsoever to keep us from selling their products now what they've done a lot of times and they try to do and I don't even think this is right it needs to be litigated further in my opinion because the first sale Doctrine is almost meaningless if you can resell an item but you can't describe it as what it is meaning if new era or 5950 or whatever it is that they have that's trademarked you can't use that trademarked word in the title then what's the point because you're not going to be able to Market it very well and that's what I thought was going on here and it still may be what's going on here but then I dug in because I don't like to pop off and not know what the heck I'm talking about and there's a few little details to this that might change it just a little bit all right here is the next sale we're going to get right back to to this topic here and I'm going to read the rest of the letter this is a no no no no no no there you go leave you alone for a minute David Ortiz not that Big Poppy David Ortiz velvet painting I picked this up for $2 at a sale and there's a bigger one and I already sold one as well and they were two bucks I'm like I don't care how hard it is to ship on picking this thing up it's not that hard to ship and I've had the box for a while so that is an awesome awesome little velv you some of these go pretty good money you got to be careful though cuz they aren't easy they're not framed there's no glass but you know what 95 bucks for that thing 94 something plus change plus shipping for that for a $2 purchase definitely worth it and it's sign as well now as many of you know I love to sell hats I love to sell New Era hats and I have a ton of them there I'd say half of these hats in here are New Era hats this is here as well there's a bunch in there there's a few more back there that are and what got removed was this right here actually I take it back this one did not get removed and this one did get removed so what I initially thought was you know hey this company is saying I can't sell this item because I'm using I mean look at the look at the language here so it says the items in your booth associated with newera brand are protected by copyright trademark and the owners prohibit these items from being sold without their permission so you know on a cease and assist letter that that's ridiculous to me now I could be wrong so I'm not trying to slander anybody out there but think about that for a second if this is allowed to stand if that's the intent of this and I'm going to talk about what might have been the intent of this pepper I got to watch this cat if that's the intent of this to say to people hey you can't sell our items because you're using new era or 5950 in the title I'm sure that's trademarked as well then you know it would be tantamount to saying yes you just spent $50,000 on a Chevrolet truck five years ago and now that you're trying to resell it when you go to list that item you can't use Chevrolet in the title that's that's absolutely absurd and nobody would stand for that but that's the way that this thing is is couched in that kind of language now I'm not 100% certain that's what they're doing here but that's what they're implying here and I have an issue with that I've always had an issue with that like do you remember the Harley thing with me where my account got suspended and all that stuff and I'm not even sure that's why it did but nonetheless I think I was shut down for three days for that one that one I completely get that was like a mistake sort ofish I can at least understand it right it was a harleydavidson patch legitimate Harley-Davidson patch with all kinds of other patches on a jacket that wasn't Harley and I listed it you know jacket with a Harley patch and I can kind of get that right not using some else's brand their trademark name in order to sell something that isn't their product I can okay that's definitely understandable and there's a legal defense for that that's not what I'm arguing here this sounds like they're saying hey you can't sell New Era hats because you're using new era in the title and that to me goes against everything that I've ever read about the for sale Doctrine and all those other things and to me this can't be allowed to be common practice and these sites banan I've had this beef with eBay before now this stuff didn't get taken down off of eBay so maybe I'm hoping fingers crossed that eBay is starting to counteract some of these people who are making these claims I haven't heard this stuff on eBay for a while it happens from time to time but not as much as it did say a year ago or two years ago I mean I there you go get out of here I sell I say that lovingly I sell a bunch of hats but I know people who sell nothing but hats and can you imagine if this was a ble to stand on all platforms new er saying no nobody can sell anything that's new er you know then what the heck is private property do I not own it can I not sell it I think that's just craziness but I'm going to leave a little bit of wiggle room here and hope that the case is that they're saying that these hats this is a little ironic these hats might not be legitimate and so we're taking them down I have no problem with that if they're correct and I don't think they are correct but but I mean look why take this one down and not this one I got it from the same person same place I mean look at this right it's possible it's fake but dag on if it is it is an amazing fake and it has all the all the right stuff on it so this one's fake but this one isn't I mean come on so there's a couple of my issues now this print I never saw before I've never seen that print before that doesn't mean it's fake necessarily I'm not saying it is actually don't think it is but you know it's a possibility and I'd almost hope that this has occurred because something here is fake there's just no way though I'm sorry I bought so many of these like this this this hat right here this Giants hat I bought so many of these from a hat collector and none of that stuff's been taken down I've sold tons of it before there's I mean who's faking I just I just don't see it I just don't see it this is a really nice hat really really well done this is an old vintage wool one from diamond right here that gets taken this thing isn't fake but that's neither here nor there because they never said they were fake that's not what they said in the message what they said in the message is you can't sell this stuff because it's our copyright and our trademark you know I don't want to get into constitutional law and and trademark and stuff because I'm no expert but I can tell you in this country you should own the property that you own and part of being an owner of something is being able to sell something and if this stuff continues with more and more Brands and Brands get away with it then we're all in a TR in a whole bunch of trouble because all brands have to say is yeah you can sell that thing but you can't use our trademark word in the title I can understand if they say you can't use our trademark word in the title if you're selling a fake or if you're selling something that isn't that thing I get that 100% but this I don't get and of course when this happened to me it didn't just happened to me my inbox filled up pretty quick and a lot of folks who watch the show do sell on Bonanza and they got the exact same notification and it was one hat or whatever I have a bunch so apparently they hit a few of mine and like like I said there's no difference in this hat right here than six other hats I've gone through and looked at every single one of them Franklin Holy Bible King James version these things do okay and I've sold quite a few of them this one sold for1 19995 let show it now here's a little bit more of a twist for those of you who know about Bonanza they basically take you upload stuff to eBay you load it all the time and every once a while it refreshes it puts everything over on Bonanza all of it's automated I only make three four five sales a month over on Bonanza so it's it's not the end of the world here but I'm not going to let me read this next part to it says to ensure that your bananza account remains in good standing please do not list items of this brand in the future without permission from the brand owner th this can't be the case and I've had this conversation with folks um on different platforms and you know I don't talk to many people I did appear on the eBay podcast eBay for business podcast I took a lot of heat for doing that being a sellout or whatever whatever I'll talk to anybody I'm about protecting reselling for resellers for a long long time and to me there are all kinds of issues people talk about this is a big issue and if it continues to go and more and more Brands try this kind of stuff then you know I have no problem with a brand protecting its brand and protecting against counterfeits and all that but that's not what this is or at least it's not the language here then you start to have issues especially when we talked about the informed consumer and whatever the shop SAFE Act that thing's even worse and if any platform out there supports the shop SAFE Act all they're trying to do is make sure they incur no legal cost and all of that gets put on the seller without the help of the platform at all and then they just start booting sellers off instead of having to deal with the litigation well that's no way to keep sellers either and if sellers have to continue to wonder about every single item we should all do due diligence to make sure we're not doing anything that we shouldn't be doing knowingly but you know I don't know that it's necessarily something where if something happens i' I'm sure I've sold a counterfeit item before I have no doubt about it I've sold tens of thousands of items and I sold thousands and thousands every year but I I do my darn matter of fact I just got rid of a Burberry bag out there because I just I just had a few too many questions even though I paid five bucks for it I'm like I'm not going to take a chance on this stuff I'm not about protecting counterfitters I'm about attacking counterfitters at the source as opposed to taking a mom and pop business and giving them some punitive action for selling one out of 6,000 items that might be fake you'll have to excuse my passion on this one but I I can't help seeing some of these folks who are having their PayPal accounts Frozen and all these things where their livelihood is put at stake and they're really not doing anything wrong and certainly not doing anything wrong on purpose Ilia kak kaken kaken is that how you pronounce it the guy in NCIS the I don't know what does he do autopsies or something I can't remember what he does any rate this guy he was Man from Uncle and I picked this up along with this one had another suit on it that sells separately for decent money and a whole another figure I paid up for these three but I figured there would be a double up in there for me when it's all said and done this one sold for $40 plus shipping let me continue with this so I don't distract myself ranting here do ensure your banan account remains in good standing please do not list items of this brand in the future without permission of the brand owner continued claims of brand infringement may lead to further action being taken against your account up to and potentially including suspension from this Marketplace if using the eBay items sync which I do you can go to your selling import from eBay page and click edit listings or edit settings show more import options from there link the sync your booth with eBay option and select wait for my approval using a drop-down menu all imported items will be reserved in reserve status and any prohibited items can be removed in bulk from your batch I'm not doing that Bonanza it's not happening I don't make enough sales over there to spend 20 extra minutes a week it's not happening so I'm probably y'all call me crazy I'm probably just going to continue it just the way it is I don't understand it I there is a contact here at the bottom and I'm going to do that and I've talked to a few people who have sent me Instagrams a couple emails who had this happen too I encourage them to do that and I encourage them for the first time I was very specific you know call your representative call your represent if you're not going to get a response from this company look that's all I want is just tell me what's the deal if you think these are fake I'd like to know if that's why it's happening but that's not what's stated at all it's saying no you just can't use our trademark to sell something that I own that is that item that's ridiculous well that can't be and platforms should be standing up to this I I haven't this didn't Happ it on eBay this is I know a concern for some people over there the abuse of the Viro system system and abuse to get around it in order to scare people to pressure people into not putting items up on the secondary Market that's an issue if that's going on and and these platforms should be standing up for us with us they should be using us to stand up for these issues this is one thing right it didn't hit a massive amount of people not very many people selling bananas anyways and contrary to popular opinion I don't own Bonanza no matter what DAV and car tell you nor am I the CEO of Bonanza that's funny and all but it's not true if I was I'd be taking care of this issue and I think other platforms should be doing this platforms should be protecting against counterfeit items the best they possibly can they should be working with people to make sure that stuff isn't hitting their their their I'll tell you what this reminds me of something I don't know the name of the video right off hand but a lady bought from the Amazon pallets and sold something one item that this company said was counterfeit well it was originally sold on Amazon on so you know there should be some accountability to these big platforms as well as to the abusive sellers who do this on purpose over time and I don't have all the answers and I don't have I don't even understand everything and that's part of the issue here there needs to be Clarity on this but it seems to me a platform like this is just like let's just do it this way and we won't have to deal with it eventually if more and more companies do this it shrinks what we can buy and resell and more importantly it really shrinks private property rights and that's I think the biggest issue here do we not own what we own because if you can't sell what you own then you don't really own it half of me wants to see a bunch of these cases go to court and be litigated so they would end at least I would hope they would end I mean think of the ramifications of you know like I said with the Chevrolet truck oh yeah you can only you can only list that thing as a green pickup truck you know start using adjectives but you can't call it a chevolet even though it's a Chevrolet ridiculous all right here's an example of a guy that wanted to sell stuff so badly that he was begging to take stuff he was like this is worth a lot of money look it up I'll give it to you for $15 I'm like okay and I bought it without looking it up cuz he was so good brought it home and he was right this thing $15 into $399 plus shipping it's a fire shelter and I used to live out west and boy they used to talk about these all the time and it's un deployed and it would you know if you have a fire coming through you can create the shelter really quick and hopefully hopefully survive what could be catastrophic so hopefully this is going somewhere good I know it's a discount off of a new item but it is new it hadn't been used and I made a bunch of money on it so that's really awesome this is an awesome vintage well I yeah I suppose it is vintage Daryl green it was probably yeah 2002 Daryl green Redskins jersey rebok size large and this one right here is highly sought after cuz Daryl green is one of the favorites of the folks it's got the old school non- embroidered Jersey on it it's really really nice couple of patches and it sold for $110 plus shipping so it says if you believe that your items have been removed in air you may contact a brand representative noted below or submit a counter notice directly to the brand I the folks that I've heard do this in the past have said they never get a reply which would make sense right you can find more details on how to do so on the following page and then it gives you a link if you have any questions regarding the brand ceas and to this notification or like to know more this brings up a couple of issues here and it gives you an email address and a website to talk to New Era well okay look i' I said I said it before I'll say it again I don't have an issue with companies who are legitimately going on there and making sure that there's not a counterfeit Market out there to protect their brand but if if the case is that they're trying to use language here that scares people and and effectively I'm not allowed to list New Era items on Bonanza anymore or maybe anywhere I I don't know and that's ridiculous I mean look at how many of them are out there listed I still have a ton listed on Bonanza what's to say they're going to you know why those and not these why some of us and not others who are selling why not eBay why not you know Poshmark and merari and district and and whatnot and deop and all this is this a I'm trying to understand the thought process behind this brand this cannot be good for your brand if this is what they're trying to do keep people from listing an item because they're using the name of the item that is trademarked that seems like just it seems like a failed way to proceed if they're doing it to protect against counterfeits then I would a like to know how these are counterfeit but you know maybe that's not their responsibility but change the language in the cease and desist that's my opinion of the matter so I don't know maybe am I crazy tell me I'm not the only one who thinks this tell me this is I think this is a big issue and I think that eBay should be going to bat for us not just eBay all these platforms as opposed to this I mean I'm not going to do this anymore I'm not going to list on Bonanza period because there's not enough traffic over there to make it worth my wild to be going on and making sure that things are you know working at least making sure that there's no new era cap over there I'd rather just say forget the whole thing than do that so I guess we'll see what we're going to do but I'm telling the folks that have emailed me that have iged me that I've got to and I went on and and look through a bunch and I normally don't so I can't get back to everybody but I did look for this in the title or something like that and I contacted a few people asked them to contact the company see if it worked and tell your representative tell eBay this this was in in the comments in the eBay for business when I was on their podcast there's a lot of people that are like you know ripping me to be honest with you but one thing one person said in there is hey I hope eBay listens to your CR which I was surprised they had me on because I do criticize every once in a while but I absolutely love reselling and I love eBay so whatever I'll talk to anybody but one of the people in the comments said hey I hope you listen to them about these Brands and these different things that are doing this and encroaching on our liberties here to resell and I think that is important point and I hope that they are doing some of those things and hey I don't care I'm sure a lot of us next time one of these things come up we'll go up to Washington it ain't that far of a trip for me I'll go up there I'll talk to somebody or I'll just hold a sign I don't really care but something needs to happen over time because if times get bad for these big brand name companies this will be one of the lwh hanging fruits that they will take advantage to keep competition of their own sold items off of the secondary Market to protect their primary markets I put a train lot out there on auction because I pulled a lot of trains out some of them individually have done well so far and I lotted up a big giant some track and some other stuff out of boxes and just put it all together cuz I knew It's All Pure profit at this point put out there on auction that one sold for $53 per shipping this brings up another little word of warning for folks that follow this stuff like I do and I have contacted the folks that I have been working with with not just this issue right here and I've I've been in correspondence with them about this but about that video I was talking about the other day where I saw a lady and her PayPal account was frozen and she didn't have access to that money and all that stuff and so I've sent all that and they're watching it they're paying attention I don't know if there'll be any movement or anything but hey we're doing what we can this is uh complete complete angler I don't even know what this thing is sold it at the store something orbis that's what it is and these sold they're so Replacements kind of old but $1 17.95 Plus's shipping for some anger Soul Replacements but hey it's always a good idea don't leave massive amounts of money in a PayPal account or something and they can freeze it or do whatever I think that is definitely a good practice for sure cuz this stuff happens from time to time it doesn't happen often and it probably hasn't happened to most of you but when it does happen to you and they didn't do anything here I get that but when this stuff does happen to you you know guarding against these in my opinion ridiculous schedule a lawsuits and serving through emails and all that stuff you know you want to do whatever you can to mitigate it the best you can so it doesn't completely destroy your legitimate business I think this lady ended up having to pay in my opinion extortion $250 to get her name off of this thing and you know I just whatever I think it's it's ridiculous so Diamond company I was down there picking we were at the trash cash Meetup down in Orlando the Orlando bash and I was at with my buddy Cameron Bowser he's got a YouTube channel he does great stuff and I said hey how about this Brandy said yeah pick it up I was like okay it was a buck so for $17.95 plus shipping Diamond company Supply Company size large I picked up this schle keypad lever not too too long ago at a country sale I've been having a lot of success going out off the beaten path and avoiding where some other folks have been going lately $64.95 for that one you know shl's trademarked so you tell me I can't sell a schle cuz I you shling the title all right I'll get off my high horse I got to get the kids out here get my mind off it $64.95 P sh sold another one of these Tamaracks well another I haven't sold one in a long time but I've sold a bunch of them in the past and these tend to do okay Expedition 5x and it sold pretty quickly just under 50 I think 4745 plus shipping we got boots in here today y'all that doesn't Happ very often you being ly lately which is not one of her characters she wants something all right what's old got at com bigger.com Kevin got a hillbilly and Chris got a number three awesome hillbilly and a number three we're down to the nitty-gritty on those and a number number three enma man see I didn't use a trademark it's inam man is trademarked enma man isn't I didn't put Fleet on it cuz that is too I put cwp and I changed the colors the design the stitching the embroidery same company made it though curo toys made for me anyway they're and Chris's vaults picker from eBay store or what's it what is it called vs picker vs like the Tennessee Volunteers vs picker that's his eBay store Pickers yes okay and he bought the number three the number three actually I think he might have got that over did he get that on what anyway I don't know anyway thank you rean bye and don't forget to get your stickers at common pier.com so some real tree camo right here pick these up in a crazy good deal and we're sell stuff oh my goodness you got a joke for us today bud your Mike Trout shirt these are in excellent condition these sold for $24.95 plus shipping all right bu what's your Commonwealth comedy for the today why can't football players wear glasses why can't football players wear glasses I don't know because it's a contact sport I love it thank you bye all right I know I talked about that a lot today and we only had you know like I said 14 sales but for $1,200 there was some really really good ones in that batch of course that number is the gross number it includes shipping and all that stuff so make sure sure everybody knows that but still working off that number is is still pretty good because our margins are insane especially that $400 item that we paid 15 for and I would not have found that item it was sitting on a far away table and that guy found it for me I swear that item should be in oh here it is right here here it is I knew it this is a low dollar one this is a $13 $112.99 for this one free shipping this one's been in there forever and it finally sold our lowest pric item of the day and really really good day you don't even have to ship a bunch but it's a ton of decent price stuff average sales price is really high mostly due to that one item of course it's been a while since we've sold some at stuff and we sold five total we sold one of these out of the kondik bin there and those are really cool Little ET drag pennant necklace and we sold see if I can remember here I got to cheat so another one of those pins right here man I need a vacuum in here it's dirty and we sold two of uh these right here two of these I think that's right maybe three of these one two three four five I think we sold three of these pins right here all of it going out for $37.95 plus shipping and we'll combine the shipping on that what I do with the other thing should I put it over here there it is so those are all going out together that was the only sale on it with a message today so thank you we appreciate it Paul looks like Paul Hey Kevin if you can combine shipping on these that would be cool for sure this is for my 17-year-old daughter who loves ET and a pin for me because I introduced her to it there you go I tell you what I love that Turner loves The Goonies and he loves ET and I remember my dad doing that when I was a kid with certain things and I definitely enjoyed things that he enjoyed you you don't push that too too much on your kids cuz some of it it's like but sometimes the good stuff stays good for a long time and that's true of a lot of stuff including ET turn like ET as well been a viewer for a while but a silent one but at some point I'd like to tell you my story I think you'd find it interesting you seem sincere and genuine anyways uh don't let the naysayers or haters wear on you so remember anyone can make someone unhappy that's easy but it takes someone to make someone smile anyway I got it I like it Paul Paul I appreciate it it's Uncle Paul's finds I love used all my uncles Uncle Paul I have an Uncle Paul of course Uncle Steve picker and Uncle Dave and Uncle John and Uncle all of them Uncle Mark's garage sale we did who do I leave out I don't want to make anybody mad Uncle Dave so and my dad of course pop so I just love doing that and there a few of them are Pickers as well one two three at least so appreciate you guys hanging out with us today as always I've got a lot of thanks to give out for all the great shows we've been doing on dibd it.com and over there on District we did knickknacks and all kinds of stuff we've been doing and so many people have been so helpful to us and it's really made yes feel at home as well I'm kind of doing that side of the business some folks have even sent her some messages about some possibilities for some buyouts so jess. comicker gmail.com if you want to contact her I still look at my email but it's been overwhelming for quite some time and I can't quite get to everything but again a big thank you to everybody out there for all the support you always give me and to my family got a couple announcements coming up here in the next few days I'm headed out to this shed cuz I got to get a little bit of work done before I take Turner to practice and I got about 20 minutes to get it done in get a bunch of pictures for some listings and I'm excited to take him to practice as always and I'm excited to bring these videos to you I'm glad you guys still enjoy them and I appreciate you stopping by and I can't wait to see you next time hey I'm filming this after the fact I'm doing some shipping in here and I've got all this done already but I just want to point it out a couple things I did that picture calculated shipping calculated shipping and I've made a profit on the shipping which is good because it took me 13 minutes to do that I did this flat rate shipping I think I made like $9 profit on that one doing calculated or 11 actually and this one right here I made a this was the $9 profit on this I did $15.99 15 not quite so $15.99 flat rate shipping cuz it was a big box it's heavy 14 some pounds and it's not a huge box but this one I did $15.99 shipping on and it is only costing me ground Advantage $666 bad number but hey we get the point because it's going to Virginia all right bud what's your Commonwealth comedy for today okay why can't football players um I forgot start start

Channel: Commonwealth Flipper

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Id: FnipFbA5mXw

Length: 33min 35sec (2015 seconds)

Published: Thu May 09 2024