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If this were to go to court during the discovery process Amazin would have to disclose all communications their employees had regarding the Birkenstock brand.
by will_brown 9y ago
If this were to go to court during the discovery process Amazin would have to disclose all communications their employees had regarding the Birkenstock brand. Of course there would be other evidence that Amazon was on notice of violating Birkenstock's policy which Birkenstock would be able to produce, and it's hard to imagine employees didn't have internal communications in response.
- CWuestefeld 9y agoI can't recall the specifics now, but there have been recent cases showing that after the first sale, the manufacturer no longer retains any right to determine what happens to their products. So if a Birkenstock shop sells product to Amazon (not through Amazon, but to them), it's none of Birkenstock's business what Amazon does with it no matter what Birkenstock's policies are.
- ridgeguy 9y agoPerhaps Birkenstock-only stores have a contract with Birkenstock that defines transfer of product from Birkenstock to the store as not a sale. Could be a consignment. Then the first sale would be to a retail customer (or to Amazon, in the case discussed here).
- deleted 9y ago[deleted]
- eridius 9y agoBirkenstock can't restrict what customers do with the shoes, that's true. But that doesn't mean Birkenstock can't refuse to sell to that customer again. Also, I don't know if any of this applies to resellers. The reseller isn't the customer.
- lsaferite 9y agoUnless the retailer is selling the shoes on consignment or something, the retailer is the customer of Birkenstock.
- bluGill 9y agoIn fact Birkenstock just needs to send a cease and desist letter to amazon and that is enough to prove that amazon knew about this policy.