Hi all, I need some help. Victor Germany reported me that i broke the law about selling Victor Rackets which is not allowed in Europe. Like Jetspeed 10 (3UG5), HK Code. What can i do? Is Victor right to do that? I mean, i dont even sell Fake rackets..if it were Fake Rackets..i would accept it. But i sold only genuine rackets...maybe not "European" Code. I should pay Fee for Lawyer and stuff, total about 2.000€. They also want that i reveal my Contacts, source,etc. But i dont even have source..i bought rackets just like you guys all..from Shop or maybe trade with someone here at BC. Well..if someone knows what i should so..please feel free to give me a suggestions. Thanks in advance
First: Get a lawyer. Second: How many rackets did you sell? Over ebay? I'm sure they have the exclusive distribution rights for Europe so they might have a point.
I sold many rackets..cause i am a collector. But Victor meant that what i sold over Facebook. They only knew about that, i guess. I did sell a JS10 (3UG5,HK Code) to a woman... From the beginning i already suspected that she is someone from Victor. I should have follow my instinct..but it is happened..so no need to regret it. Let us think about now
I think there's a limit. Just like for selling stuff on ebay. If you don't exceed that limit (I don't know how much it was per month) it's not illegal. I don't think they got a real case going here if you just sold a few rackets that you bought privately for yourself. That's just ridiculous if you ask me.
I thing Rob3rt is right but I don't know for sure. That's why you should go ask a lawyer. But after hearing they only know about one sold racket I think they move on very thin ice here.
First, a disclaimer: I am not a lawyer. Which law does Victor say you broke? Did they provide a paragraph, or at least the name of the law? Exclusive distribution rights are a contract between a distributor and Victor. If you did not enter a contract with your suppliers that specifically prevents you from reselling the rackets in Europe, I see no reason why you wouldn't be allowed to sell Victor rackets. Of course, that is assuming the rackets are indeed genuine (i.e. you're not infringing copyright) and you don't purport to represent Victor or its authorized resellers (i.e. you're not infringing trademarks). In fact, in the even more contentious case of reselling software, there have been court rulings [German] that explicitly do allow resale against the wishes of the original manufacturer.
Honestly, as a private seller (not registered as a business) there's no way they can enforce any sort of distribution agreement with you. You don't need a lawyer or to pay their fee, it's just bully tactics. If they file in court then go self represent yourself. If, on the other hand, you make profit on it and meet a minimum revenue stream that technically requires a business license, then they'd have a case. Problem is that if you are selling enough and making enough revenue to require a business license and you don't have one, you could be charged for back taxes.
Note that this applies no matter whether you sell Victor rackets or ice cream (or both). Also, the case would be between the State and you, with Victor serving as a witness at most.
I did pay for Taxes..cause everything came through Custom Office. On the Letter, they only mentioned about my Activity on Facebook...nothing from ebay. Like i said, i did sell to a woman, which i already suspected from the beginning...and i was right. I cant send her any message anymore through Facebook messenger. It is obvious, right? If i go to lawyer..must i pay for Fer or anything? I dont know much about this kinda thing. So you guys suggested that i shouldnt pay the amount their lawyer asked?
That's VAT tax (or import tax, which is equivalent). @druss was talking about income and business taxes, which are totally unrelated to the customs office. I am not sure why that would be a problem, or relevant. That totally depends on the lawyer. If you get a message with somebody asking for money, the default should be to ignore it, unless there are more specifics. If the letter is indeed just "Dear freewilly: I am a lawyer. You sold Victor rackets. Pay me 2000€. Kind regards, lawyer.", then I see no reason to pay it. However, I think that there is likely more to this letter, which is why I asked you about which law is cited, or whatever else you're not telling us. Can you upload a scan?
As we've stated so far... there is a clear difference between being a private seller or a retailer (business). Which you are legally, depends on how much revenue/profit you make in a year. That is completely different from whether you have broken any laws regarding the resale of Victor products. The agreement between Victor head office and their official distributor is that Victor will not sell through anyone else. As this has nothing to do with you as you are buying them retail from someone else, I don't see how they have a case. However, be careful because if it does come to court, they might be able to prove that you've been running a retail business and not paying your business license fee and taxes as a retailer. It may not have anything to do with their "I'm the official Victor distributor" case but may still get you in trouble. Also, if you used any sort of Victor logo on your facebook page to promote selling then would be copyright infringement. Technically, you cannot use corporate logo's without their permission.
Wow..nothing like that. All i know i sold a JS10 (3U) HK coded on Facebook to a woman. I did write on the description that this racket is not available here in germany...maybe that is the sentence which make they think that i am somehow selling "illegal" product. I sent Phihag the brief from the Victor's lawyer...let us see what he thinks. I am not retailer or anything. I didnt even make a profit..if anything it was a lost. I sold JS10 (3U) for 127€ incl.shipping....that is cheaper than any shop in asia...you can check it out. I did not use any Victor logo on my facebook or anything. I am just a badminton freak like you guys..i like to buy rackets..and if i dont like it..i sell them. I collect rackets...Victor and Yonex. I am saying..what happen to me could happen to anyone. If someone bought stuff from asia..and sell it here..well..next thing you know..you get a letter from Victor's lawyer.
@freewilly sent me a scan of the letter, which I'll summarize as: Victor alleges that @freewilly sold lots of rackets on Facebook. They say that he's infringing trademark law, specifically §14.2.1 MarkenG. The trademark in question is a German trademark of the Victor logo. Since he just sells rackets and does not claim to be a Victor representative, selling would usually be allowed nevertheless per §25 MarkenG. However, in this case §25 does not apply because the rackets were originally sold outside Europe. This comes with a typical cease and desist letter, also requiring @freewilly to give account about where/how many/for what price he bought and sold Victor rackets (not only on Facebook, but all of them). There is no text at all about anything that @druss references (taxes, imports). As far as I (again, as a non-lawyer) understand the law, Victor's argumentation is correct. I am not sure how the distinction of business/private comes into play here - as far as I understand the law applies to everyone selling Victor rackets from outside Europe in Germany, whether for profit or not. My guess would be that Victor turns a blind eye to private sellers as long as they sell just one or two rackets. @freewilly You can contact Victor or their lawyers and detail the facts, namely how many rackets you bought where, and sold for what price (all Victor rackets bought outside Europe and sold in Germany, not only the Facebook ones). That's a part of the cease-and-desist claims anyways. When they see the details (i.e. no profit and no racket model twice), Victor may then understand that you're indeed a collector and voluntarily cover the lawyer's fees. However, I'd rate that as extremely unlikely. There may be a distinction about private/business sellers I am unaware of, and which would make it a good idea to hire a lawyer to fight this. However, having read the detailed letter, my advice is to follow their cease-and-desist protocol (i.e. pay 2000€ and tell them the whole truth).
This is completely irrelevant. The allegations are about a trademark, the Victor logo, not about racket models. Any lawyer with experience in trademark law.
