Online Purchase and Resale

Symphony

Alot depends on the appointment of distributor and actions by the brand ower actually. As lawyers we only take on cases that are initiated by the brand owners or the appointed Distributors.

A lawer friend told me that they are in the process of collecting information and evidence to prosecute several 'self-named' official distributor for Tenga.
the Tenga company in Japan only recognised one seller in the Singapore and Malaysia markets, but there are some online sellers and shop retailers doing the selling without the said rights.

so your question as to whether they will get sued depends alot on WHEN the offence is committed and the courts' actions (depending on how severe is the violation: mild = confiscation and a fine. severe = jail and defamation suits.

Another example, Hello Kitty. Yes you can resell the soft toy you had used and you label it as secondhand and it will be ok. But if you state that you are a distributor, then you are in trouble because you are misleading the public to believe that you are THE distributor. it will be worst if you have a website to state this as a fact as it will become evidence.

Remember tat the REAL distributor paid alot of money to get the licence, and invested money to bring the products in and had already spent money on advertising. If you are just bringing a product or a brand to sell - after the original distributor had brought it in BEFORE you - then you will definitely get sued.

the entire process can take some time because the suing company may originate from overseas and they require a local lawyer / company to act for them. so it does not mean that if you are not in trouble within 3 months you are ok forever. the lapse in time is also to allow the 'offender' a chance to stop their activities. A local distributor may deliberately withhold legal proceedings (under the pretext of evidence collection) so that the offense will seem more severe, and thus attract a more heavy punishment.

Sometimes it is better to do the right thing, not the profitable thing, you may end up loosing even more just to make a little money.


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DISCLAIMER: information above used for discussion only and should not be taken as represented legal information for any person or organization.
please consult your legal representatives for full legal advice.