Question for any retailers here

mikeandronda

Lieutenant Commander
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May 13, 2003
Messages
1,888
Re: Question for any retailers here

Stan good question. I do know that many higher end paintball markers ($1000+) have serial #s but these are $190 entry level mass produced guns so Im not sure. Something to think about..........My best bet is to ignor them and if they persist I will then look a little harder and find out........Im a little iritated with my distributer as it is and if I got cut off its my bet there are a couple others wouldnt mind selling to me :)
 

ZmOz

Captain
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Aug 13, 2003
Messages
3,949
Re: Question for any retailers here

Manufacturers cannot even legally tell their dealers what to advertise or sell at.

Well, they can if you happen to be an authorized dealer, and you sign a contract with them to sell at a certain price or a certain way, you have to follow that, or they will no longer provide you with the product to sell.

Ebay has a system, where by certain manufacturers actually can pull auctions because they don't want their dealers selling on ebay. For example, one time I listed a case of Amsoil oil that I didn't need, and Amsoil quickly sent me a nasty email saying dealers are not allowed to sell on ebay. I said screw you I'm not a dealer, but if I had been, they would have been able to pull the auction through ebay.

In another case, I bought some high end HID lights directly from the chinese manufacturer. I sold them at half MSRP, (and still made a healthy profit!) and because of that nobody else could compete with me. The only other sellers of these lights could only buy them from the American distributor, who forced them to only sell at MSRP or else. After a while the American distributor got their panties in a wad, and made a deal with the Chinese manufacturer that they could only sell to them in America, cutting me out. But not before MSRP had to be lowered $100 for all dealers. :D

But, in mikeandronda's case, he's not a dealer, so nobody can do squat even if he wants to sell them all for a buck fifty.
 

mikeandronda

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May 13, 2003
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Re: Question for any retailers here

Funny thing is ZMOZ is about a month ago I got an email from a different addy that said something similar but said the MAP was $224.....this one says $199 (shipping could not be included) Im selling for $190 shipping included. Either they are lowering there map or its other paintball dealers getting angry and tryingf to fool me. Either way I figure its cool........I get my business because I do offer great prices......I have yet to figure out how to put together a awesome website and the rankings on the search engines so if I had to sell their stuff at what they wanted me to and compete with the big boys I would go under.........Thanx all of you for your helpful advice :)
 

mikeandronda

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Re: Question for any retailers here

Well today ebay deleted my listing. Said it was in violation to their intellectual property rules.......:( Well I only have one more of these guns I need to get rid of so I just wont be selling SP products anymore cuz I dont need the hassle.
 

SpinnerBait_Nut

Honorary Moderator Emeritus
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17,651
Re: Question for any retailers here

Well today ebay deleted my listing. Said it was in violation to their intellectual property rules.......:( Well I only have one more of these guns I need to get rid of so I just wont be selling SP products anymore cuz I dont need the hassle.
Put it on craigslist.:cool:
 

waterinthefuel

Commander
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Nov 15, 2003
Messages
2,728
Re: Question for any retailers here

You know this bothers the hell out of me because I have a gallon of Amsoil that I might put up for sale as it's the wrong kind, and Amsoil might get mad at me too! I'm not a dealer!
 

QC

Supreme Mariner
Joined
Mar 22, 2005
Messages
22,783
Re: Question for any retailers here

Mike,

Can you post the rules they noted? This is BS. Pressure from someone else (competing seller that is a dealer is my guess) that results in higher prices to consumers. P's me O!! I actually support dealer pricing etc., but your are none of those things, you didn't steal them and you are bound by nothing. That tells me that eBay is actually in violation of Restraint of Trade stuff. Now that sounds real official etc., and I have no idea if I am the one full of carp, but I would sure like to understand it better!
 

mikeandronda

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Re: Question for any retailers here

I will be emailing all the parties involved today with an email worded as legally and strongly as possible. I want to know how this is legal or right. It?s my guess that ebay can pretty much do what they want but I figure since ebay makes in excess of $250 + a month off me maybe they will bend. I?m not really interested in selling there stuff anymore but I figure maybe I can be thorn in their sides for awhile since they were in mine.....to be honest I feel like buying up about 50 guns and under selling every dealer around here and then telling them Smart Parts pushed me into it by their actions......I know it would be unfair to the dealers and I?m really not out to hurt them but I?m a little POed at this tactic........Dang.......I guess it comes down to ....some days your bug ....some days your the windshield.
 

Boomyal

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Joined
Aug 16, 2003
Messages
12,072
Re: Question for any retailers here

Well today ebay deleted my listing. Said it was in violation to their intellectual property rules.

I'd try to find a hungry lawyer to go after ebay. I don't think they have a leg to stand on.
 

Parrott_head

Chief Petty Officer
Joined
Feb 15, 2002
Messages
634
Re: Question for any retailers here

First, something to read.
http://www.twice.com/article/CA6456240.html

Not sure they can go after you but all they have to do is have an employee buy one of your paintball guns and then check the serial numbers. I bet they keep records of what retailer was shipped what guns. Then they go after the retailer that sold them to you.

This assumes of course that paint ball guns have serial number, I do not know if they do.
 

mikeandronda

Lieutenant Commander
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Messages
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Re: Question for any retailers here

This is what ebay sent me

Thank you for writing eBay in regard to your removed listing.

Your listing was removed because we received a report from Smart Parts,
Inc., the verified rights owner, stating that the listing infringed
intellectual property rights. eBay developed the Verified Rights Owner
(VeRO) program to protect intellectual property owners. When we receive
such a report, we are required to remove the listing.

Unfortunately, we have no information about how your listing infringed
the rights of the owner or how to correct the problem. eBay provides an
online marketplace, but we cannot:
- Inspect items
- Determine whether your item is authorized or legal
- Tell you how to describe your item

You may be able to relist this item. But before you do, we strongly
encourage you to contact Smart Parts, Inc. to understand why your
listing was in violation and how you can relist your item properly. You
can contact the rights owner directly at the following email address:

rgamble@smartparts.com

For more information about intellectual property rights and the VeRO
program, please go to:

http://pages.ebay.com/help/tp/programs-vero-ov.html

Thank you for your time.

Sincerely,
Freddy

eBay Customer Support
 

gonfishn

Commander
Joined
May 16, 2002
Messages
2,390
Re: Question for any retailers here

I agree with Hm. I sell rhythm clocks and can only advertise on internet at their retail prices. I signed an agreement with them. In my store i can put what ever i want to on them. Unless you signed an agreement with the orginal manufacturer then you can retail them at whatever you want to. If anything they will go back to the party you bought them off of and take it up with them.

It always the same. The bigger boys trying to put the squeeze on the smaller folks. Tell them to put it where the sun don't shine and sell at even lower prices for a short time. Even its only a $1.00.
 

mikeandronda

Lieutenant Commander
Joined
May 13, 2003
Messages
1,888
Re: Question for any retailers here

Due to this next message from ebay Im guessing its a losing battle. I explained the whole deal to them and they still refuse to look into it. After looking up intellectiual property I can noy see how in any way I have infringed upon them. I wish I had a lawyer friend who could advise me......:(.....GRRRRRRR

And Gonfishin Im tempted to buy up about 20 of these guns and sell dirt cheap in my area and let every paintball retail store know why I did it.........If it would tie up my funds and kill my time versus profit Im so trying to improve.....GRRRRRRR again.

,

Thank you for writing eBay in regard to your ended paintball gun
listing. I understand your frustration and want to quickly and
responsively address your concerns.

As you know, eBay does not inspect the items that are listed. Nor do we
have enough information about the items to make any judgment as to
whether they are authorized. In addition, eBay is not an expert in the
rights of any third parties. As a result, we are not in a position to
make a judgment as to whether the items you have listed are authorized
or legal. Therefore, we must cooperate with intellectual property rights
owners through what we call our VeRO Program (Verified Rights Owner).

Rights owners have told us that they conduct daily searches on every
online trading site to find listings that they suspect of offering
counterfeit or infringing items. It is important that they protect their
patents, copyrights, and trademarks from unauthorized copies and other
forms of infringement. If they find a listing that they feel is
infringing on their rights, they will notify the site on which the
listing is posted. When we receive these requests from rights owners
through our VeRO Program we are obligated to remove the listings they
specify.

When a rights owner contacts us to remove a listing, they are required
to sign a legal document stating under penalty of perjury that they own
the rights to the item or trademark used in the listing, and that the
items listed are infringing upon their rights for reasons known only to
them. They are not required to inform us of the specifics of exactly
why, or what in the listing is infringing.

However, occasionally a rights owner will email the seller directly,
offering them the chance to change the listing, or end it on their own,
without going through the VeRO process.

If eBay is forced to end an auction listing through our VeRO program,
and the seller repeatedly lists items that continue to infringe on their
rights, the account may be reviewed for suspension. We encourage you to
work things out with whoever the rights owner was that sent you the
notice.

In a nutshell, we do not know what intellectual property rights they
feel are being infringed. The owners of copyrights, trademarks, and
patents can choose to enforce their rights however they want to. eBay
makes every effort to protect buyers and sellers and to make the site as
safe and friendly as possible.

Again, we urge you to contact Smart Parts, Inc. and direct your
questions and concerns regarding the removal of your listing to them.
You can contact the rights owner at:

rgamble@smartparts.com

We understand that you would prefer to speak with someone on the phone.
eBay provides online and email technologies to deliver customer support
functions, but we are unable to provide you with telephone support.

Thank you for your time.

Sincerely,
Beckett

eBay Customer Support
 

QC

Supreme Mariner
Joined
Mar 22, 2005
Messages
22,783
Re: Question for any retailers here

Personally I think you have a Class Action suit against the manufacturer and eBay, but I hate scum sucking class action lawyers . . . But I hate Restraint of Trade more, but I hate Lawyers, but I hate . . . Oh crap, I don't know, but I don't like it.
 

mikeandronda

Lieutenant Commander
Joined
May 13, 2003
Messages
1,888
Re: Question for any retailers here

Yes the whole deal has me pretty twisted up inside......Its like if Ford called up you and said hey Mr. private Citizen you have to list your Ford vehical at the price we want you to........And if you dont we will cancel your ad.......I know that wont go over in America.......at least it wont yet. Its the whole princaple of this that has me twisted.........Its not like I bought 100 of these.....4 is more like it, not sure a Lawyer would want to take a case as small as this anyway.
 
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