An existing reseller wants to sell the AM260 printer from Printdirect.
But he is running into another vendor ABC trying to sell the same printer from Printdirect.
So, the reseller calls up Printdirect to verified if company ABC is one of their reseller.
Printdirect email back their existing reseller with NO and said they have no record of selling any printer to ABC company.
Will this email provoke a lawsuit from ABC company?
2 Answers from Attorneys
Wow, quite a fact pattern. I'm surprised that it didn't say, "Discuss" at the end of it.
What school do you go to?
I'm not sure what the question is here. So long as it is a legit and lawfully acquired item you are free to resell that. This is not applicable to software however as that is governed by the terms of an End User License Agreement, but I don't think that is relevant in your case. So, I'm not sure what the issue is exactly as it would seem both parties are free to resell the item, but of course the authorized reseller should have the advantage. Sometimes an item might be considered a "grey market" good if for example there are issues with the warranty or some material difference, but that does not seem to be what you are asking about.
If you need clarification, I suggest that you consult with a lawyer in private and discuss your objectives in more detail. You can start by calling around to several for a free phone consultation, get some insights then pick the best fit to work with.
If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.
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