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Received this message through eBay today with this letter attached. ‘The attached is being sent on behalf of the law firm of Vorys, Sater, Seymour and Pease LLP’. Part of me is wondering if this is legit? Anyone else ever had something like this sent to them? It was attached to a Cutco Chef Knife Listing in my store.https://imgur.com/gallery/rYtBx
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Yep, Cutco is on Ebay’s VeRO list:
http://www.ebay.com/gds/vero-profile-cutco-cutlery-corporation/580e8292399d31339f7eb16c/g.html
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That’s a VERO Notification Letter. Welcome to the club. Most of us have gotten a few in our lives. Us for Velcro and John Deere. You just have to come up with a way to list it with out using the actual word Cutco. Velcro is “Hook and Loop” JD is “Farmer’s Tractor Hat”.
Maybe for Cutco… “Really nice, sharp knives”. Just not include the BRAND NAME “CUTCO”. That’s the infringement not re-selling really sharp, good kitchen knives.
What a world. LOL 🙂
mike in Atlanta
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Exactly what Mike said plus you should remove the word Cutco from your description as well. Does anyone know if a photo showing the brand name is a problem?
The letter states “the first sale doctrine does not apply”. I think that they mean that you have a right by law to resell a product, but not when you violate their copyright/trademark rights. You still have a right to resell it, but it will be hard to do that and follow their demands.
Here is the definition of the first sale doctrine from Wikipedia:
The first-sale doctrine is a legal concept playing an important role in U.S. copyright and trademark law by limiting certain rights of a copyright or trademark owner. The doctrine enables the distribution chain of copyrighted products, library lending, giving, video rentals and secondary markets for copyrighted works (for example, enabling individuals to sell their legally purchased books or CDs to others). In trademark law, this same doctrine enables reselling of trademarked products after the trademark holder put the products on the market. The doctrine is also referred to as the “right of first sale,” “first sale rule,” or “exhaustion rule.”
The first-sale doctrine is one of the limitations and exceptions to copyright.
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Yes.. We got two John Deere leters about a year apart. One for saying John Deere even though it had a John deere logo on the cap and the second one for just showing the hat with the John Deere logo, which they said was a knock off hat because they had never used that color background on any of their embroidered logos.
But, coming in the next few weeks we will be listing 9 John Deere hats and I have them beat this time. They are brand new with tags and have the “Official” Authorized John Deere merchandise tags on them. Unfortunately they don’t go for very much, about $12 to $14 dollars each but we got all 9 for $5.00 at an auction. So they can lump it this time time. Ha..LOL 🙂
Our daughter has a friend who made a fortune and retired early with Cutco. He was an authorized Sales Rep and he went to all of the State and County Fairs and had an exhibition booth set up. He demonstarted the knives and talked with a head microphone [sure you have seen these type salesmen] showing what all they would cut and slice. He had about a 20 minute speal then sold sets to the audience that hung around and also took orders. He eventually then set up his own mini multi-tier marketing plan and he then bought volume and sold at a mark up to those he had recruited in his “down-line”. That is one reason Cutco doesn’t like side sales and online marketing by non “distributor” people because they may dump the products they can’t sell cheap and drag the price down and make it hard to sell them at these parties and events.
My daughter tells me her friend now owns 36 rental properties down in south Georgia somewhere and lives in a nice place somewhere around Atlanta. That’s a goal for Jay and Ryanne, 3 dozen AirBnB rentals.
Funny how some companies love for you to show the logo because it helps the brand, like Coca-Cola – Coke and Pepsi. They will take all the free advertising they can get, but someone like Velcro and they go ballistic just over mentioning the name.
mike at MDC Galleries and Fine Art in Atlanta
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We’ve successfully sold a handful of Cutco knives on eBay. Never an issue. Those VERO claims are weird because they are so arbitrary. As Mike said, just relist without the Cutco name in the title. Or give them as a gift. They’re good knives!
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Jay, yes they are very good knives. Maybe not equal to the heavy German brands we all know but in the same ballpark. They first came out way back you guys were kids and were offered on those TV infomercials when Popeal’s “Have a Maid” and “Pocket Fisherman” were being shown. They got sort of a bad rep for being on TV with with Ron Popel and his slicey, dicey things. They showed the knives cutting through cans and wood branches then slicing tomatoes paper thin.But my mom had a set in the sixties and they seemed to do the trick.
Maybe I can ask my daughter if her friend may want to give Christmas presents this year! LOL 🙂 If I can get a few sets maybe send a few to some of the SL members here. 🙂
Mike in Atlanta
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So you are saying no one can sell any of those brands even if they are authentic? That doesn’t seem rational. Once you buy it it seems like you should be able to do whatever the heck you want with it, as long as you aren’t selling a knock-off. The world is insane.
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