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First-sale doctrine says if you buy something, you have the right to resell it. I'm not exactly sure what sole distributor means. I think it means that ETI will

First-sale doctrine says if you buy something, you have the right to resell it. I'm not exactly sure what sole distributor means. I think it means that ETI will try to refuse bulk sales to anyone else in the US. https://en.wikipedia.org/wiki/First-sale_doctrine https://en.wikipedia.org/wiki/First-sale_doctrine

namdnay 6y ago
First sale is only for consumers right? I mean it wouldn’t apply if you’re doing it multiple times for profit. Honest question, I really don’t know
- jjeaff 6y ago
  First sale doctrine applies to businesses as well.
  - namdnay 6y ago
    ah good to know! I found "Kirtsaeng v. John Wiley & Sons, Inc.", I wonder if it's related, or if physical goods were already considered resaleable anyway One side question: how do you manage the warranty? Presumably as the reseller you will need to handle the legal minimum warranty (how long is that in the US?) by shipping the article yourself back to the UK?
    - mike_d 6y ago
      > you will need to handle the legal minimum warranty With the exception of specific types of products (cars) or situations where consumers are gravely at risk (recalls), there is no mandatory warranty in the US. Your only requirement as a reseller is to pass on any warranty from the manufacturer, and allow customers to read a written warranty before making a purchase.
      - Spooky23 6y ago
        Not true. There are implied warranties of merchantability and fitness. It’s one of the reasons why Amazon takes such pains to make the questionable assertion that they are at arms length for every transaction. Fraudulent or grey market stuff often fails the fitness test. The same crap used to happen with fake cameras and electronics in Manhattan. The stores would “go out of business” and reopen the next day under a new guise to avoid legal consequences. Now you just create a new merchant on Amazon.
gandalfian 6y ago
Not if it's a fake Rolex. Trademarks provide a lot of wiggle room for firms to make a legal nightmare if they chose.
- Thorrez 5y ago
  I think fake Rolexes are illegal in the first place. So illegal to sell and resell.
  - gandalfian 5y ago
    Yes, I was trying to make the point that the First sale doctrine doesn't magically make all things ok.
smnrchrds 6y ago
As always with the laws, there are exceptions and it is more complicated than one might expect. https://www.thefashionlaw.com/resource-center/gray-market-goods/ https://www.thefashionlaw.com/resource-center/gray-market-go...

namdnay 6y ago

First sale is only for consumers right? I mean it wouldn’t apply if you’re doing it multiple times for profit. Honest question, I really don’t know

jjeaff 6y ago
First sale doctrine applies to businesses as well.
- namdnay 6y ago
  ah good to know! I found "Kirtsaeng v. John Wiley & Sons, Inc.", I wonder if it's related, or if physical goods were already considered resaleable anyway One side question: how do you manage the warranty? Presumably as the reseller you will need to handle the legal minimum warranty (how long is that in the US?) by shipping the article yourself back to the UK?
  - mike_d 6y ago
    > you will need to handle the legal minimum warranty With the exception of specific types of products (cars) or situations where consumers are gravely at risk (recalls), there is no mandatory warranty in the US. Your only requirement as a reseller is to pass on any warranty from the manufacturer, and allow customers to read a written warranty before making a purchase.
    - Spooky23 6y ago
      Not true. There are implied warranties of merchantability and fitness. It’s one of the reasons why Amazon takes such pains to make the questionable assertion that they are at arms length for every transaction. Fraudulent or grey market stuff often fails the fitness test. The same crap used to happen with fake cameras and electronics in Manhattan. The stores would “go out of business” and reopen the next day under a new guise to avoid legal consequences. Now you just create a new merchant on Amazon.

gandalfian 6y ago

Not if it's a fake Rolex. Trademarks provide a lot of wiggle room for firms to make a legal nightmare if they chose.

Thorrez 5y ago
I think fake Rolexes are illegal in the first place. So illegal to sell and resell.
- gandalfian 5y ago
  Yes, I was trying to make the point that the First sale doctrine doesn't magically make all things ok.

smnrchrds 6y ago

As always with the laws, there are exceptions and it is more complicated than one might expect. https://www.thefashionlaw.com/resource-center/gray-market-goods/ https://www.thefashionlaw.com/resource-center/gray-market-go...