Beauty

[Mona Dahl]

EBay merchants have sucessfully sued companies that take down their items on false accusation of being counterfeit.

It is actually illegal to restrict resale of these items unless the original merchandiser actually believes the items to be counterfeit. Whether the original merchandiser would really have a good reason to believe that is strenuously examined in court.

Dr. Denese, of course, would NOT and does NOT have such a reason.

What she is doing is illegal. It is a violation of the First Sale Doctrine, which basically means that manufacturers cannot control resale of their item after they have placed it out in the marketplace.

Dr. Denese's specific violation is misrepresentation under 17 U.S.C. 512(f), which means that if the original retailer is found not have reason to sincerely believe a resold item is counterfeit, they are liable to repay all damages to the reseller, including lost profits and legal fees. This has resulted in awards to resellers of as much as $125,000 in court.

So, Dr. Denese, it's settled. What you are doing is illegal, and if someone is brave enough to take you to court, you are very likely to lose.

Oh, and QVC moderators, before you delete this thread...you might want to consider reporting to QVC Corporate that one of QVC's vendors is acting in flagrant violation of civil law.

To eBay vendors who are interested in exercising their options, please see this page: http://reviews.ebay.com/Everything-you-wanted-to-know-about-VeRO?ugid=10000000000085319