dtsm wrote:Every once in a while when I have extra pillows, will post on eBay for sale (or here at cpaptalk ). I got a 'warning notice' via eBay from Resmed that reads:
ResMed has established a US Internet Sales Policy requiring that its products be sold over the Internet only by approved Internet Providers and only if consistent with the Internet Sales Policy. Most of ResMed’s products are regulated by the FDA, are classified as Class II medical devices, and require a prescription. ResMed has identified that you are selling ResMed products via ebay, but you are not on ResMed’s list of Authorized Internet Providers. Only ResMed Authorized Internet Providers may use ResMed intellectual property, offer ResMed warranties on products, or claim an online affiliation with ResMed. If you are an Authorized Internet Provider of ResMed products, please contact ResMed Internet Sales at 800-424-0737 within 5 business days. If you are not an Authorized Internet Provider, we require that you immediately remove all ResMed products from ebay.
Michael J. Rider Esq. | Vice President & General Counsel - Americas
From a quick survey, they're over 2000+ ResMed brand products on eBay....selling for a few dollars each. Are they serious?
Yes, they’re serious…about being Internet Trolls!
Seriously, if you didn’t sign a contract with Resmed, or represent to anyone that you’re a “dealer” or “representative” for Resmed, this character has no standing to do anything other than sending you annoying emails (if you choose to read them). Report the sender to eBay as a spammer.
A very old legal doctrine in the United States holds that one may not bind another (in a contract). Glad to hear that Resmed has an “internet sales policy,” but whatever that is not binding on any of us, unless if any of “us” have contracted directly with Resmed for the sale of their products.
Displaying the Resmed name or logo on an item you’re selling on eBay, because it’s present and picked up by the camera, is covered under the “fair use” doctrine, which is protected under Federal law. If those are Resmed products you’re selling, and you legitimately own them, have no fear of retribution for listing them accurately. In fact, you’d be negligent if you saw an identifying mark (like a Resmed logo) and didn’t describe it to a buyer.
If you’re not offering any Resmed warranties on the items you’re selling, and not representing yourself as affiliated with Resmed, you’ve automatically opted yourself out of the nonsense with which this idiot has threatened.
But the best part of Mr. Rider’s post was the warning about Class II Medical Devices. This is what the US FDA has to say about Class II medical devices, as of a few seconds ago:
"Class II devices are higher risk devices than Class I and require greater regulatory controls to provide reasonable assurance of the device’s safety and effectiveness. For example, condoms are classified as Class II devices.”
Have you ever heard of anyone being sued, arrested, or even threatened for selling condoms? And can you think of any (real) pharmacy in the United States that has ever required a prescription to sell condoms (which the US FDA is apparently also classifying as a Class II Medical Device)? And all this over listing for pillows?
In a 30 second web search, I found that Mr. Rider was previously the General Counsel of Callaway Golf Company in 2008, and appears to now be working for Resmed in a similar capacity. His specialty appears to be intellectual property and patents. Unfortunately, it doesn’t also include “common sense,” or we wouldn’t be ridiculing him with impunity.
