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Title: Bethsedia Threatens Seller of Used Game Post by: Pacman000 on August 11, 2018, 09:43:54 AM https://www.polygon.com/platform/amp/2018/8/11/17661254/bethesda-sell-used-games-amazon-block (https://www.polygon.com/platform/amp/2018/8/11/17661254/bethesda-sell-used-games-amazon-block)
Their lawyers claim it's a different product, since it doesn't have a warranty anymore, which means they can sue him if he sells it to someone else. Quote Under what is known as the First Sale Doctrine, once a trademark owner (“the company”) sells a product, the buyer ordinarily can resell the product without infringing the owner’s mark. However, the First Sale Doctrine does not apply when a reseller sells a trademarked good that is materially different from the company’s genuine goods. Case law has established a few important principles relating to material differences. This includes that: 1) the threshold of materiality is considered “low”; 2) only a single material difference is necessary to give rise to a trademark infringement claim; and 3) material differences do not have to be “physical” differences. :question: :thumbdown: Title: Re: Bethsedia Threatens Seller of Used Game Post by: Svengoolie 3 on August 11, 2018, 03:14:55 PM https://www.polygon.com/platform/amp/2018/8/11/17661254/bethesda-sell-used-games-amazon-block (https://www.polygon.com/platform/amp/2018/8/11/17661254/bethesda-sell-used-games-amazon-block) Their lawyers claim it's a different product, since it doesn't have a warranty anymore, which means they can sue him if he sells it to someone else. Quote Under what is known as the First Sale Doctrine, once a trademark owner (“the company”) sells a product, the buyer ordinarily can resell the product without infringing the owner’s mark. However, the First Sale Doctrine does not apply when a reseller sells a trademarked good that is materially different from the company’s genuine goods. Case law has established a few important principles relating to material differences. This includes that: 1) the threshold of materiality is considered “low”; 2) only a single material difference is necessary to give rise to a trademark infringement claim; and 3) material differences do not have to be “physical” differences. :question: :thumbdown: I'd tell them to eat xxxx. If they. Over on me I'd start a. Gofund me asbd have money from. Gamees sick. Of abusive game companies toss in money as a FU to them. Plus then file a harassment suit. Title: Re: Bethsedia Threatens Seller of Used Game Post by: Chainsawmidget on August 11, 2018, 05:59:42 PM Well, there's a company I know not to support anymore.
Title: Re: Bethsedia Threatens Seller of Used Game Post by: Pacman000 on August 11, 2018, 10:39:43 PM https://www.eurogamer.net/articles/2018-08-11-pete-hines-defends-bethesdas-legal-threat-on-amazon-marketplace-game-seller (https://www.eurogamer.net/articles/2018-08-11-pete-hines-defends-bethesdas-legal-threat-on-amazon-marketplace-game-seller)
Ah, basically they had an issue with him calling the game "new." 'He's not trying to sell a secondhand game, he's trying to sell a new game," he told me. "He was listing the product as if it was new. All we're saying is if it's a previously owned product, you have to sell it as a previously owned product - you cannot represent it's new because we have no way to verify what you're selling actually is new. "You could have opened it up, played it for five hours, taken whatever inserts or stuff was in there, put it back in shrink wrap and said, 'Hey this is new.' It's not new - you owned it, you bought it, so just list it as a used title. That's it, that's the end of the argument. "We're not trying to stop anybody from selling used games," he clarified. "People sell used games all the time - we understand that, we're not trying to stop that.' More understandable, IMHumbleO. Title: Re: Bethsedia Threatens Seller of Used Game Post by: Svengoolie 3 on August 11, 2018, 11:24:51 PM https://www.eurogamer.net/articles/2018-08-11-pete-hines-defends-bethesdas-legal-threat-on-amazon-marketplace-game-seller (https://www.eurogamer.net/articles/2018-08-11-pete-hines-defends-bethesdas-legal-threat-on-amazon-marketplace-game-seller) Ah, basically they had an issue with him calling the game "new." 'He's not trying to sell a secondhand game, he's trying to sell a new game," he told me. "He was listing the product as if it was new. All we're saying is if it's a previously owned product, you have to sell it as a previously owned product - you cannot represent it's new because we have no way to verify what you're selling actually is new. "You could have opened it up, played it for five hours, taken whatever inserts or stuff was in there, put it back in shrink wrap and said, 'Hey this is new.' It's not new - you owned it, you bought it, so just list it as a used title. That's it, that's the end of the argument. "We're not trying to stop anybody from selling used games," he clarified. "People sell used games all the time - we understand that, we're not trying to stop that.' More understandable, IMHumbleO. yeah, that seems more reasonable. I still don't trust corporations. Title: Re: Bethsedia Threatens Seller of Used Game Post by: Chainsawmidget on August 11, 2018, 11:53:24 PM If that's what they meant, that's what they should have said.
The demand that he take down all their products and the threat of lawsuit should have never came up. I don't know whether this is just some soulless corporate lawyer who overstepped his bound and this is their unofficial not-quite-an apology or whether they thought they could get away with this and quickly back pedalled when they got a lot of bad-press for it. |