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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30896
Experience:  Over 5 years in practice
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We are an European retailer of Health supplements, selling

Customer Question

We are an Jersey Based retailer of Health supplements to the Euro markets, selling a number of prominent, well respected brands to customers across the European Union. We source our goods from across Europe, and the rest of the world.


 


One product: Driven Sports 261g Craze Pre Workout Berry Lemonade


 


The UK distributor of this product has had our listing removed by Amazon.co.uk because the distributor told Amazon our listing "infringe their intellectual property rights.Per our policies, items that infringe another party's copyright, patent, trademark, design right, database right, or other intellectual property or other proprietary right are prohibited."


 


 


We do not see how Trademark or copyright law applies - the product being sold is genuine.


 


Given the item:


Is Genuine, new, Has the same barcode


Is exactly the same


Can be sourced anywhere in the EU, (or RoW) not just from the UK distributor.


 


Indeed the goods could be sold to a UK reseller, then bought by us for resale again. The distributor does not own the goods, and cannot use their trademark to attempt to control the market on stock they don't own.The distributor also does not have a right to see where we buy our goods?


 


What legal basis does this UK distributor have to claim this? Or is this an incorrect usage of Trademark/copyright laws to attempt to "bully" us to cease selling the goods. My understanding is Article 82 of the EU accession treaty prohibits price fixing, and does not permit national distributors preventing the free movement of goods within the EU?


 


We would like to understand our legal position with the view to pursue this distributor and any similiar claims. Thanks

Submitted: 3 years ago.
Category: Law

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