QLD Advertisement of a product you don't have the rights to

Discussion in 'Commercial Law Forum' started by APits, 26 October 2018.

  1. APits

    APits Member

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    Hi,

    apologies if this is not the best place to post, struggling for advice here and the ACCC has simply said i will need to seek legal advice.

    My company is is a factory appointed sole distributor of a product for all of Australia bar WA.
    There is a company operating out of Melbourne who advertises the product on their site saying for any inquiries to contact them and in their Google title says they are a distributor along with having a whole web page dedicated to the product. This company has no access to purchase this product or supply it without going to us, due to negative brand reputation they are bringing we are looking at options of enforcing that they remove all mentions of this product from their sites as we will not supply to them. From a legal aspect is enforcing they remove all mentions of this product from their sites something we can legally do?
     
  2. Rob Legat - SBPL

    LawTap Verified

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    The simple way to deal with this is to not sell to them or sell at the same price as what you would supply it for to anyone else. To make any sort of profit, they’ll have to sell at a greater price than you and quickly lose business. In short, it won’t be worth it for them.

    If they’re sourcing the product from elsewhere you’ll need to deal with your supplier, as your contractual distribution is with them- not the competitor.
     
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