hey good evening everybody welcome into
the channel uh this video is absolutely
not clickbait it is not here to scare
you it is to educate you especially new
sellers and even a lot of you
experienced sellers and i don't want to
spend any more time talking about it i
want to jump right into it and just tell
you guys a quick little back story and
exactly what is happening this story is
not about me
however it is about a very
large
multi-six figure seller
somebody who's very experienced and
somebody who is a friend a dear friend
of mine and hopefully this turns out to
be a positive outcome and not a negative
one
so those of you that are sellers
experienced and those of you starting as
new sellers there is something
especially on ebay but this goes for all
platforms called the vero list the vero
list is basically
a name for something that a company can
do a brand can do to take down items
the point of the vero list is if
somebody is selling a fake item it
allows the company to contact ebay or
submit easily uh a takedown so like if
you are selling a fake louis vuitton
purse and you list it on ebay and ebay
doesn't catch it this gives them a very
good way to quickly get it removed right
and so companies like louis vuitton and
companies like uh chanel and other prada
other you know big brand names burberry
coaches all the you know all the way
down the gambit they employ people uh in
fact they a lot of times employ legal
people lawyers and paralegals and things
uh sometimes in house and sometimes as
third parties to patrol the internet to
look for these fake items to look for
inauthentic items
look for people who are abusing the
system sellers who are trying to take
advantage of people and i am all for
that that is a hundred percent awesome
they have to protect their name they
spend a lot of money uh it hurts the
rest of us great now the problem here is
ebay offers a vero
page that you can go to and i'll link it
below but let me caution you
that vero page is not uh very good so
companies can be on the vero page uh and
a lot of the companies that are on the
vero page will never take you down they
don't care if you sell their product new
used destroyed or otherwise as long as
you're not selling fake goods it's
generally not an issue they don't care
and a lot of them don't patrol very well
now a lot of the companies that do a lot
of takedowns be it for inauthentic or
for other reasons which we're going to
talk about in a second aren't even on
that vero list so really don't pay any
attention to it it's honestly worthless
i got to be honest with you
there are about 10 known companies that
are very very harsh on their products
they don't want you to sell their
products no matter what we've been down
then rosetta stone um beachbody p90x
wallet ninja blue parrot headphones
there's there's like 10 of them that are
no good i have a video all about it you
can type in youtube rockstar flipper uh
never sell these items and it'll pop up
now with that said people always say why
can't you sell those products if you
legally own it and they're authentic new
or used uh first sale doctrine we have
the right to sell whatever we own and
while that's true you don't have the
right to sell an item in a listing
monetized online using their logo their
name and their trademark without
permission uh their stock photo same
thing right you don't have permission to
use their photos now even if you use
your own photos uh you know p90x is very
very harsh about it a
p90x is owned by beachbody rosetta stone
wallet ninja they're really harsh
otterbox is another one brand new items
i'll explain the otterbox situation in a
second because it makes a big important
part of this video um
so a lot of places will just say you
don't have permission to use our name
our logo or trademark we don't want you
selling our items
at the end of the day it is the big guy
bullying the little guy it's not fair
but you can't afford to fight him and
you almost will certainly lose in court
even if you had the money 100 150 000
to fight and and win in court is nearly
impossible because you don't have the
right to use their information their
logos their trademarks and even
if it falls under first sale doctrine
and you have the right to sell the item
that's completely different trademark
doesn't fall under the right of cell so
it's convoluted it's complicated and it
sucks and that's all assuming you have
the money to actually go to court fight
them and try to win which
just don't right okay so now let's start
in on chanel so chanel is a product that
i you know they produce perfumes and
whatnot i did a video about two years
ago maybe three a gentleman was sued i
think he was out of chicago or somewhere
in the midwest for 56 million dollars
the reason he was sued is because he was
selling chanel perfume chanel colognes
the testers now they were authentic they
were real chanel and he was selling them
and they
sued him the reason they sued him and
this is the the exception the caveat
which gets people in trouble
the item he was selling was materially
different remember that word materially
different from the product that chanel
sells so while it's not fake
it is not the same as what chanel sells
why when chanel sells you that
bottle of perfume
they sell it in a box a specific box
with specific tissue paper and a
specific
thank you card and a specific bow and a
specific presentation
you as an ebay seller even if you have
the original box and the bow and the
tissue paper are not giving the same
product that chanel gives because you
can't give that experience you can't
present that same
product guarantee
don't ask me how it works don't ask me
why it works
that's how it works let's take otterbox
and two other companies you guys love
north face the north face and patagonia
they have guaranteed product warranty so
when you buy a north face jacket we've
talked about this with a zip up zipper
if it breaks uh the north face will
replace your jacket right they'll
replace your coat if you buy
um an otterbox a cell phone case and
well i'm recording my iphone but if you
buy that case and something happens to
that case otterbox will replace your
case it's a lifetime warranty with a lot
of these companies as an ebay seller you
cannot provide that warranty and that
guarantee you're not allowed and so what
you are selling is a materially
different see that word again materially
different product from what the original
manufacturer sells and guarantees and
that's how chanel sues people and that's
how they win
so
my friend was given
essentially something between a cease
and desist and a lawsuit now a lot of
people are going to say oh there's a lot
of scammers who send this stuff through
ebay messages and that's true people do
send competition ebay messages to get
them taken down but generally
don't ignore these messages if you get
them on ebay or through email contact
the company through their own website
and confirm whether they actually sent
it to you or not if they did then you've
got problems if they didn't then you
could ignore it but if they did
and it's not required to come through
slow snail mail through guaranteed
service the lawsuit would be required to
be served to you a seasoned assist or a
letter of what they call a letter of
demandment is not required to be served
to you it can be sent to you via regular
mail via signature mail via email
digital serving is allowed
this particular one came in the real
mail to my friend and it is between a
lawsuit over here and a cease and desist
it's somewhere in the middle it's a
cease and desist they're telling her to
stop
but they're also telling her we have
these demands or we'll move forward with
the lawsuit so essentially the lawsuit's
on the table so what i want to do is i
want to go over i'm going to i have
screenshots i've blacked out the
important information
and i want to share it with you i want
you guys to not be scared i want you to
be educated i want you to understand how
this stuff works and understand that
sometimes there are companies who are
just really really bad about this and
chanel's one of them
in my professional opinion be it new
used authentic or otherwise i would
never sell a chanel product on ebay
amazon poshmark or otherwise now one
really important thing to remember about
this lawsuit or about to be lawsuit is
this involved poshmark as well as ebay
not just ebay
poshmark
and so
i
i i want you guys to understand that no
matter what platform you sell on
brands can sue you or cease and desist
you whether it's ebay or poshmark and
they are coming after poshmark more and
more frequently that i'm seeing
okay so let's go over to the screen
share of this paperwork and i'm kind of
going to kind of explain to you what it
says
and then hopefully if you guys have
questions or comments or concerns you
can put it down below um
just as a full disclosure she's in
talks touch
with legal representation she's gonna
try to make this go away hopefully work
it out with chanel and come to some kind
of agreement but it is going to cost her
money there is no two ways about it
they're not gonna let this go they never
do they're they're simply out to collect
money that's all it is um and protect
their name
okay let's uh let's take a look
okay so these are direct screenshots
right from my phone i had to mark out
some sensitive information but this was
the letter that showed up from chanel
inc on their chanel letterhead it is
legitimate i checked the address now
what you'll see that's interesting
is it was sent via fedex to
k c a r i a d 42 at poshmark.com it was
actually carried 42 which is a poshmark
um
a store name and a gentleman by the name
of george
and it says dear george but this package
was actually mailed to
my friend who is not george she's a
female this is the package they sent to
her and they referenced her ebay store
so what's happened here is they're suing
a bunch of people ebay and poshmark
sellers and they accidentally they
mailed it to her correctly and
referenced her name on ebay but in the
letter they're using the same exact
lawsuit the same exact paper but they
forgot to copy and paste her name up
here so they're gonna have to revise it
at some point but anyways this shows you
that they're suing multiple people
because they had a lawsuit for this guy
george on poshmark but they went ahead
and accidentally sent it to my friend a
female so george still got his lawsuit i
get i i assure you his his letter but um
also my friend did so anyways let's
forget about that once they get the
logistics right
this says unauthorized sale of chanel
products
and it says i'm writing to you on behalf
of chanel who as i'm sure uh you are
well aware is one of the most respected
names in cosmetics and beauty products
worldwide chanel has invested a great
deal of effort time and money in
promoting its products which represent
the highest standards of luxury and
quality it has come to our attention
that you are offering for sale
unauthorized chanel products through
poshmark as seller car iad42 these
unauthorized chanel products include but
are not limited to unboxed and
improperly packaged chanel sources
defining eyebrow pencil and lay vernees
uh
something i don't know federal trademark
law prevents you from selling products
in this case unboxed cosmetics that are
different from chanel's authorized
products and passing them off as
chanel's genuine consumer merchandise
davidoff and csa versus pld intern corp
263f3d1297
in the 11th circuit court of
the us 2001 which they're quoting case
law there among the material differences
between the products you are selling and
chanel's authorized product is the lack
of any barcode or other identifying
information that chanel includes on his
products and that is provided in order
to allow our company to keep track of
its goods
so again they're not disputing that he's
selling real product they're just saying
your box doesn't have a barcode on it
are you serious right
further by selling products in an
unauthorized state you are not providing
to consumers a list of ingredients or
contact names in violation of applicable
food and drug laws
are you guys seeing this because of
these material differences as a matter
of law the beauty products you're
selling are not considered genuine but
rather are deemed to be infringing goods
because you don't have a bar code or the
list of ingredients
accordingly your sale of these products
violates federal state and common law
and subjects you just significant
penalties including an injunction
destruction of all remaining improperly
packaged product
disgorgement of all your profits which
means paying it out and payment of our
attorney's fees again quoting 15 usc
1117 david off c the 2001 case in the
11th circuit court which i haven't
looked into i haven't read that one i
will need to read that one
in marketing a beauty product chanel
not only is selling the product inside
the container but is also selling an
overall image one is created and
presented by the total packaging on
which chanel's trademark appeals or
appears
the appearance of the product including
the outside packaging is material to a
consumer's decision to purchase by
selling products and packaging that is
not identical to the packaging
authorized by chanel you clearly are
degrading the appearance of chanel's
products as presented to the consumer as
noted by the united states court of
appeals for the second circuit mutilated
packaging makes the item less appealing
to such a purchaser who runs the wrist
that the gift will be viewed by the
recipient as sketchy cheap purchase from
an illicit source so they're quoting
another case law from the second court
of appeals
in short
trademark goods whose luxury packaging
is damaged are materially different from
those that are intact again quoting the
davidoff case
here the products that you are selling
are not being sold in chanel's
authorized luxury packaging are being
sold in plain packaging do not conform
to chanel's quality control standards
because they lack a code or other
identifying information and fail to
provide essential information including
ingredients in violation of the
requirements of the food and drug
administration
these material differences establish as
a matter of law that your goods are not
genuine and that you are not permitted
to sell them again see the xeno davidoff
sa course
2009 based on the above and given your
clear violation of our rights we demand
that you take the following action
immediately discontinue and cease the
sale of all chanel products that are not
sold in their original unaltered
packaging from all businesses under
control and provide written confirmation
of the same
identify the source of chanel products
you have been offering for sale in the
unauthorized packaging provide us with
documents to sufficient to identify the
source dates and amounts you purchased
provide us with accounting setting forth
the total number of unauthorized whoops
unauthorized units
of chanel product that you purchase sold
and are in inventory advise us of your
gross resume gross revenues excuse me um
turn over all chanel remaining inventory
of any remaining unauthorized chanel
products and remit to chanel your
profits which means pay them from the
sale of any unproperly packaged units of
chanel we asked for the above requested
material undertaking by no later than
december 16th meaning two weeks letters
written
without waiver of any of chanel's rights
or remedies all of which are especially
reserved if you wish to speak to me
directly you can email me and then it uh
gives their lawyers information also
they've asked for legal fees on the
front page so clearly they want that as
well
and let's come back and talk about this
for a minute
so like i said this lawsuit was
accidentally sent to my friend um that
was meant for this other guy george but
she was meant to have a lawsuit too
because otherwise they wouldn't have her
ebay name referenced on the package they
sent her and her information at all they
wouldn't know who she was so clearly
she's getting one if it's going to have
the same description i don't know but
here's the crazy thing they're suing and
it seems like their big uh to do is over
in packaged or wrongly packaged goods
not the original packaging her stuff is
in the original packaging with the
original ingredients list i just checked
her ebay store she's now taking them
down but i did check her unsolds and
she has them in the original authentic
chanel packaging so
this this just explains that it's the
big guy bullying the little guy and
they're gonna use any little loophole
they can to push you from selling their
product you don't have a barcode you
don't have the ingredients list you
didn't use the original box you don't
have rights to use our name they know
that first sale doctrine is a thing and
so they do everything they can to shut
you down and this a lot of people
reference my lawsuit against sprint and
casey's a scammer creature is a here's a
bad guy
the reason i was sued by sprint is
exactly the same reason what you read in
my lawsuit online is absolutely so
fictitious and so far from the truth
it's not even funny and that's why
another gentleman that was sued in
addition to me what he had the money to
fight and win ten years ago i didn't
have a hundred and fifty thousand two
hundred thousand dollars to fight sprint
and win i spent 78 grand over 13 months
and gave up basically we we came to an
agreement that's about all i can say
nobody won nobody lost but the internet
would have you believe that io sprint
five million dollars and committed fraud
and all this kind it's so far from the
truth it's not even funny if that all
was true i wouldn't be living in a house
that i just got approved for driving
cars that i drove
it's all just them pushing and bullying
people and that's just the facts it's
facts guys i don't know anyone five
million dollars i don't have judgments i
don't have bad credit i don't none of
that's true none of it's true sprint
doesn't even exist they're out of
business hello
i'm not okay anyways big guy bullying
little guy it happens all the time
there's nothing you could do about it
and half the time the crap that they're
um
they're accusing you of doing is is
fictional and just complete bs and
anyways
the more of this story let me turn a 10
minute video into 30 seconds
don't sell chanel goods don't sell their
makeup don't sell their colognes their
perfumes
i'm not telling you to boycott chanel as
a company i don't want to get in trouble
uh toward a business i'm just telling
you don't resell their goods on ebay or
poshmark or wherever they can will and
probably likely
have already sued or will sue more
people don't be one of those people okay
that's my 30-second moral uh don't be
scared take this as a lesson chanel no
good chanel bad chanel bad bad shame on
you chanel all right have a good rest of
your night i have more videos coming for
you tomorrow thank you for watching uh
i'll update you on the story when i have
more uh to update all right goodnight