jay wan Purchased 4 x Exclusive Music Beats , Now Re- Selling. NEW YORK
Company in NY selling Musical Beats climing to be Grammy Award Winners. Are selling beas & then re-selling. I had a contract saying they can not re-sell. This has been Breached.
I had emailed them with FTC Complaint. I live in Ausralia so unsure if they can help me. I will further Invesigate them.
1 Updates & Rebuttals
CARTER
Columbia City,United States
You may be out of luck.
#2Consumer Comment
Wed, March 13, 2019
First off let me say I am not an attorney, but have extensive US contract law experiance.
In the Us we have what is called the First Sale doctrine. If you sell a physical item you lose all righst to restrict the sell of the physical item. However they do not have a right to replicate that item. In this case since it is a physical item. In general a contract signed by someone in the US is covered under US law.
If you didn't have a clause saying this contract is written inder AU law then you are out of luck. If you did not have a detachment clause your entire contract is invalid. Even if you have a AU clause more than likely you will have to sue in US court. In this case it is not fraud, and even if you were to win you would not get attorney fees.
A recent US supreme court ruling has stated that clauses in contracts that restrict first sale donctrine on physical items are invalid. What I am trying to get at is 4 items of less than 5K value worth around 20K in attorney fees.