Fake Ray Ban and Gumtree

soolin

GabbaGabbaHey wrote: »

Soolin

I hesitate to disagree with you, and respect the good advice that you continually give to this forum, but in this case I'm not convinced that you are correct.

If I purchase a pair of (authentic) Raybans, I can sell them on whenever I want, as long as I don not misrepresent them (e.g. remove the Rayban logo and replace it with my own, or claim that I was the designer).

In this instance, there has been a contractual agreement between eBay/Gumtree and Rayban that eBay will not permit Rayban's products to be advertised on Gumtree. They are perfectly within their rights to do so, but equally there is nothing whatsoever that they can do stop the seller from advertising and selling their Raybans elsewhere, as is the seller's legal right.

When you purchase a physical item, you are free to do whatever you want with it, including selling it on. To suggest otherwise is silly - it would mean that nothing could ever be sold second-hand.

(Note that it's a very different issue when the physical medium is just used to hold intellectual property that you have only acquired a licence to use - such as software, music, books, films, etc).

I agree that the the legal owner can sell things he owns-but venues do not have to agree with that and many of them, ebay and Gumtree included, refuse sales where the intellectual owner says no. So yes they can sell their Raybans, but no they can't sell them on many obvious selling platforms.

It si the same in retail as well, premium brands retain the right to choose where their items are sold.

So yes OP can sell them, but just not on anywhere that has a high enough visibility to be seen by Rayban. OP asked why he couldn't sell them on Gumtree- and the email he had explained it in detail.

AS for it being unlikely that second hand things can't be sold- try selling ivory as a small trader (not that I would) - I am legally allowed to sell ivory items dating before 1947 - realistically no antique centre that I have had a retail outlet in have allowed me to do so and I have been given a long list, ivory included, of items I am forbidden to sell as they don't need the legal hassle