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Report: #1319024

Complaint Review: Bullworker - Phoenix Arizona

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  • Reported By: Consumer — Idaho USA
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  • Bullworker 8433 N. Black Canyon Highway, Suite 100 Phoenix, Arizona USA

Bullworker, bullworker.com /. Hughes Marketing, LLC Bullworker, Hughes Marketing, illegally requested removal my Ebay listing & refused to provide written permission to re-list the product Phoenix Arizona

*Author of original report: Correction to the report filed

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Bullworker, Hughes Marketing, illegally requested removal my Ebay listing & refused to provide written permission to re-list the USED product.

 

I bought the Bulworker used from a second hand store and listed it on Ebay for sale. Some weeks later, Hughes Marketing cotacted Ebay and had the listing removed claiming it was a trademark infringment for me to sell the item.

According to Linda when I called Hughes Marketing, Bullworker, last week, it is not a problem for them if people list and sell their products if it is used and that person(s) own it. She claimed that Mr. Hughes had left the office for the weekend and would be back Monday and that she would have him contact me and eBay to let them know that I could sell the item. 

I had requested written permission to be sent to me via email and to eBay.

There has been NO response from the company as of Monday or the following day after I placed a call and sent 2 emails requesting the written permission to sell the item. 

Ebay has said that I could list the item since I contacted Bullworker and they said it was OK, but Ebay had originally requested written permission and Bullworker, Hughes Marketing has thus far failed to respond. 

So far it is a clear case of the big company picking on the little guy illegally. Especially since the Supreme Court ruled that it is not illegal to sell and even list used products for sale. Reference below...

Supreme Court: You Bought It, You Own It, You Can Resell It

http://smallbiztrends.com/2013/03/resale-rights-you-bought-own.html

 

This past week the United States Supreme Court decided a case that reinforced the right to re-sell something that you had lawfully bought.

Now — you might be wondering what’s so earth shattering about that.  After all, hasn’t that always been true?  You own an iPad and want to get a new tablet instead?  Just sell the old iPad or donate it or recycle it — because it’s yours and you can do what you want with it.  Bought a book and no longer need it? You sell that, too. Right?

Here in the States we have something called the “first sale doctrine.” It simply means that once a tangible copyrighted work (or something with copyright in it) is sold lawfully the first time, the original copyright owner no longer has rights over the physical item. After that, the buyer can do whatever he or she wants with it — sell it again, donate it, whatever.  That’s why you can legally hold a yard sale or sell computers on eBay. The resale right applies only to the physical item sold, not copies.

Most of us take resale rights for granted.

But that right to resell copyrighted items had been challenged in court.  The Supreme Court’s decision this week reaffirmed that owners have resale rights, asDaniel Fisher writes in Forbes:

The U.S. Supreme Court today settled a long-simmering debate over the Copyright Act by holding that publishers can’t prevent the resale of books they produce overseas in U.S. markets.

The decision in Kirtsaeng v. John Wiley & Sons is a victory for Supap Kirtsaeng, a student who was fined $600,000 for importing Wiley textbooks from his native Thailand, where they were cheaper, and selling them in the U.S. It’s also a victory for libraries and retailers like eBay, who argued the “first sale” doctrine — giving owners of published books and recordings the right to sell them to whomever they want — should apply to imported works as well as U.S. publications.

The lawsuit related specifically to U.S. copyrighted items manufactured outside the United States, but re-sold or disposed of inside the U.S.

The Owners’ Rights Initiative hailed the decision as a victory for individuals, organizations and businesses.  The Initiative is an advocacy group founded to protect owner’s rights to buy and sell authentic goods.

Their motto is: “You bought it. You own it. You have a right to resell it.” (Image above)

The Owner’s Rights Initiative says you should be permitted to resell something you’ve legitimately purchased, no matter where it was manufactured.  While the court’s decision puts to rest one attack on resale rights, the group believes  there could be other legal attacks in the future.  Said Lauren Perez of the American Free Trade Association, in a video on the Owner’s Rights site:

If you buy it you own it. If you paid for it, it’s yours. You shouldn’t have to go ask permission of anybody to resell it.  You shouldn’t have to worry about being sued for copyright infringement because the original copyright owner or manufacturer doesn’t like you being the person reselling it… doesn’t want you to realize a profit from your original investment.

The Owner’s Rights Initiative is backed by groups  like eBay, Etsy, Overstock, the American Library Association, the Computer and Communications Industry Association, and even the popular used/out-of-print bookseller Powell’s Books.

 

This report was posted on Ripoff Report on 07/26/2016 01:15 PM and is a permanent record located here: https://www.ripoffreport.com/reports/bullworker/phoenix-arizona-85021/bullworker-bullworkercom-hughes-marketing-llc-bullworker-hughes-marketing-illegal-1319024. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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REBUTTALS & REPLIES:
1Author
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0Employee/Owner

#1 Author of original report

Correction to the report filed

AUTHOR: - ()

POSTED: Friday, July 29, 2016

Correction to the report filed....

I made several attempts to contact the company to correct any issues they had concerns with.

It appears that the wording in the listing that was removed had mistakenly placed similar brands together and the listing was human error. It was merely a mistake in the listing. Hughes Marketing was of no help in communictating the error or in having an open dialog. 

The error has been corrected only after awaiting several days for a response. This matter is closed at this point. Hughes Marketing and Bullworker is cleared of our error and no libel is intended against them although it could have been better handled with open dialog.

 

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