What to do if I receive a letter of Tortious Interference with Contract?
Question Details:
I received a letter of "Tortious Interference with Contract" from a law office representing Bose Corporation, - "in regard to issues related to your improper and tortious sale and commercial distribution of Bose products through Ebay." I buy and sell electronics products through Ebay for awhile now. Isn't that what Ebay is there for? What do I do? They want me to discontinue before 06/18/10.
You should probably consult with an attorney, who can evaluate the letter and the situation. As a general overview, a person is usually free to buy and sell products at will. Where someone usually gets into trouble is in one of the following three areas:
1) He or she represents him- or herself (even inadvertantly) as an agent of the company producing the goods--th is not allowed.
2) The person violates some license or term of sale; for example, in buying the goods, he or she bought goods specifically not for resale; or bought goods as a distributor, but is not following the terms of the distribution agreement.
3) The person is somehow using an improer advantage to compete with the producer of the goods, such as getting goods at some "insider" price (such as through an employee friend, using an employee discount) and reselling them.
In theory, if you are buying the goods at retail (even retail "on sale"), not signing any agreements or terms, not representing yourself as an agent or associate, and then selling more or less for retail, that should be your business.
It's also possible that Bose just doesn't like competition and is trying to scare you out--that's why you need an attorney to look at the letter and hear all the facts of the situation to advise you. Good luck.
