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Just because Thermoworks isn’t the original manufacturer of Thermapens doesn’t make their claims any less valid. They are presumably authorized to use the Therm
by cbsks 5y ago
Just because Thermoworks isn’t the original manufacturer of Thermapens doesn’t make their claims any less valid. They are presumably authorized to use the Thermapen trademark in the US, and are right to be angry at Amazon for allowing counterfeit products to be sold using that trademark.
- notatoad 5y agogenuine products being sold by an unauthorized retailer is not the same thing as counterfeit
- elliekelly 5y agoAmazon was serving ads for their trademark “at up to 50% off” when in reality only the knock-off brands were that cheap and the authentic versions sold by unauthorized resellers were going for 200% MSRP. That seems like an appropriate thing for them to be upset about from the trademark alone.
- jjeaff 5y agoSure, they can be upset at Amazon for misusing their brand name is product results, but that has been done for so long, i doubt there is any legal path to stop it from happening. Amazon is well within their right to show similar products when you search for a brand name. As for the high prices, tough luck. I'm America, when you buy something, you have the right to sell it at whatever price you want, for the most part.
- tomnipotent 5y ago> when you buy something, you have the right to sell it at whatever price you want As a consumer to other consumers, yes, but not as a business. Otherwise we wouldn't have things like MAP (minimum advertised price), which is enforceable by manufacturers. First-sale doctrine only covers so much.
- jjeaff 5y agoMAP is only enforceable if you have a contract or agreement with your supplier. Any business can buy any product off the shelf and resell it for whatever price they want.
- URSpider94 5y ago… and even then MAP isn’t enforceable, seeing as how it is basically price fixing, which is illegal. MAP agreements typically don’t say anything about the selling price, they more typically govern marketing funds provided by the manufacturer. So, for example, Logitech might give my computer store $1,000 to feature their new mouse in my weekly newspaper circular, but only as long as I stick to MAP guidelines. If I don’t, they’ll rescind the advertising credit.