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Had competition give feeble cease and decease

Discussion in 'Ebay' started by wannabie, Sep 15, 2010.

  1. wannabie

    wannabie Elite Member

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    Quick story, I have something for sale and sales have been going well. I get a message via ebay saying I am in breach of terms of some company that I cant find on Google or any where else - The onyl company with a similar name is a electronics firm!

    The seller who sent the message is the only other seller, selling the product so Im just guessing his being a dick?

    His message "edited of course"

    Code:
    Just  to let you know you are in direct violation of direct rights contracts  between COMPANY Incorporated (us) & COMPANY International the  manufacturer of PRODUCT.
    
    COMPANY Inc has sole rights to distributing PRODUCT on Ebay and all other auction sites.
    
    So  you need to cease and desist your listings of PRODUCT you have 72  hours from this message being sent until further action taken if  necessary.
    
    Thank You. 
    I had someone a few years ago say I was selling a website from some website and I should stop selling - The truth was I built the site and he was trying his luck so I am very much taking to idea of calling him out on this one!

    Whats your views?
     
  2. wannabie

    wannabie Elite Member

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    Must add I have the product under a new account so feedback is only about 7 stars so I reckon his trying his luck?
     
  3. iwantl00t

    iwantl00t Junior Member

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    Tell him you want proof!
     
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  4. Fwiffo

    Fwiffo Power Member

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    ignore it or forward it to the supplier.

    they have no idea what they're doing.

    that's the worst sounding cease and decist letter I've ever heard. If email wasn't available, it sounds like it would have been scratched out by hand on a kleenex or piece of toilet paper.

    they're not even worth the time to try to countersue.

    real cease and decist letters come in a registered letter from a lawyer.
     
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  5. eBayMafia

    eBayMafia BANNED BANNED

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    Just curious, what niche are you in? In the Adult Novelty niche, it's pretty common to get these fake C&D's, as well as getting your listings taken down for your items not being "New" even if your listing says "THIS IS NEW" 100 times.
     
  6. lewi

    lewi Jr. VIP Jr. VIP Premium Member

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    That is the worst email i have ever read!

    I would send him back another one that actually looks like a proper letter from a lawyer and see if he stops selling :p LOOOL

    Lewi
     
  7. wannabie

    wannabie Elite Member

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    Health/Beauty
     
  8. bl4ck1ce

    bl4ck1ce Regular Member

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    Several years ago I bought a pre-paid legal plan, specifically to be able to have a lawyer send letters on my behalf if ever threatened like this. I never ended up actually sending any, and eventually cancelled the plan, but for the small cost it may be worth it. I think I was paying $20/month? Not too bad for the ability to call a lawyer and ask advice, and have them send letters for me, etc.

    That is a pretty bad email though, there's no way a lawyer wrote it. And if one did, I think you'd do just fine up against them in court, as they don't sound very intelligent. :)
     
  9. wannabie

    wannabie Elite Member

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    I can't find his "company" on his eBay profile or Internet, I think I'll ignore
    Posted via Mobile Device
     
  10. iamsgf

    iamsgf Regular Member

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    An 'message contact' over ebay would not be sufficient to be quoted in any pursueing action, therefore just ignore. If you are in any kind of breach, then you will get a letter through your door.

    But alsoworth checking distributions agreements with your supplier and getting something in writing from them confirming you can sell on ebay, and that will act as your umbrella just in case.