The manufacturer has no right to control the resale of their products.

But if you only sell direct, and the product appears on Amazon at a lower price, it is blindingly obvious that the product on Amazon must either be counterfeit or stolen.

Even assuming the manufacturer is refusing to negotiate lower prices with resellers..

The first sale doctrine protects your right to sell items that you've purchased... even if you want to price it at a loss.

Amazon, for example, sold ebooks at a loss for years. Obviously you wouldn't say Amazon's ebooks were counterfeit or stolen.

And Amazon does not have sole ownership of that tactic. Others have an equal right to sell items at a loss, even against the manufacturers wishes.

Other examples of when this occurs: going out of business sales; end of season liquidations; etc. and various reasons to liquidate inventory: bad buys; changing product categories; etc.

Or, someone got the item as a gift and never wanted it. I've gotten tons of stuff for far cheaper than buying direct that way.

That doesn't apply when someone has a large quantity, though. Many of those sellers have thousands of feedback, unless they have a large number of friends, it's not from gifts.

Or it could be a money laundry operation?

If you had clicked the link, you would understand why that's not the case.

If only you had bothered reading this little thread...

Or second hand

The manufacturer does not permit it.

Here is another example: Crestron, they specifically do not permit sales on Amazon, ebay etc. The only way to acquire their hardware is to go via a Crestron authorized dealer or becoming one yourself. Yet there is crestron hardware on Amazon...

The reason being is that their hardware requires programming and unless you are familiar with how it works you will have a very bad experience.

If the store closes shop and goes bankrupt, and the court orders the goods auctioned off, whoever buys them buys them. Heck, when you go to the store, you own the thing you buy and can do whatever the heck you want with it, including selling it.

Counterfeit products are destroyed, they are never auctioned. A court cannot order the auction of known counterfeit items, thats just crazy talk. And one cannot resell a counterfeit product, that's illegal.

They are talking about a seller of the original stuff, not about counterfeits.

It's possible that there are ways for the manufacturer to maintain control in case of an authorized seller's bankruptcy (e.g. not actually selling it to them until it's transferred to customer should work), but if they actually transfer it to them they only can demand contractual damages from them, not stop a buyer from doing anything with the product.

Isn't this covered by first-sale doctrine?

What is stopping me from buying one of their (real) products, not wanting it anymore, and then selling it myself on Amazon or eBay? Surely you're not saying that it becomes counterfeit just because the manufacturer doesn't want me to sell it?

And how do you know authorized dealers aren't selling some on the side?

Crestron will revoke your authorized dealer status if they catch you. This means, no access to firmware or any other software you will need.

I've heard plenty of stories of people buying merchandise with restrictions and selling it anyway. Sometimes they get caught, sometimes not.

I know of people manually removing serial numbers so the items can't be traced back to them. I know of people setting up multiple companies, selling from one to another and providing documentation that it wasn't "them" when caught. I've seen stories of people buying undelivered shipments from carriers and selling products found.

Point is, you can't assume everything is counterfeit just because the manufacturer doesn't sell to amazon sellers.

I've been threatened in the past by a manufacturer for selling their items: in that case, I had bought some from Amazon directly when the price was lower, and some from another authorized dealer. There are a lot of manufacturers that think their rights go a lot further than they actually do.

For anyone wondering, banning resale is mostly a losing game.

They may not allow it, but they can almost never stop it without making a deal with Amazon.

They should not be called sales. That should be considered fraud or deception. You are renting it at their pleasure. You do not own any products by this company, they do. If the company uses the word "sale" anywhere consider them to be liars.

"The manufacturer does not permit it."

I wonder if this is legal or possible.

I grasp that there are special cases, i.e. complex gear ...

But if you own a piece of gear outright - I don't think there is anything anyone can do to stop you from selling it to someone else.

Unless someone cares to comment ...