use of trademark rights in bad faith?

[flashade]

(for privacy we will substitute the name of the brand in question for (xBrand))
Hi,
We are an authorized dealer for (XBRAND) products. We sale their parts offline and online. Historically (XBRAND) distributed its products through the dealers all across the globe. Now, last year they decided to sale their products directly to the end consumer using an online company. The problem is that they are not only selling retail (which use to be the dealers market) but also they ban the use of their brand online.
How am I supposed to sale (xBRAND) batteries or (xBRAND) motors when i can not mention (XBRAND). Now only their newly created retail company can use it. Its frustrating that the factory became large thanks to all the authorize dealers and now they want to compete with the same companies that made them rich.
are we, authorize dealers, really infringing the trademark? We can't create google ads with the "(XBRAND)" when all we do is sale (XBRAND) products.
Please help!

 

[Michael Wechsler]

flashade - Are you sure what you're telling us is accurate? I haven't seen the agreement or any communications so I can't tell you for sure what is and what is not permissible. Have you been authorized to sell their products online at all or are you limited to selling it only in stores? Unfortunately what you say might be a sad reality. We'll need more information here and it needs to be factual and something we can read.

 

[flashade]

killing me softly

flashade - Are you sure what you're telling us is accurate? I haven't seen the agreement or any communications so I can't tell you for sure what is and what is not permissible. Have you been authorized to sell their products online at all or are you limited to selling it only in stores? Unfortunately what you say might be a sad reality. We'll need more information here and it needs to be factual and something we can read.

The Xbrand manufacturing company is aware of our online store and they even went through a revision of its content on what logos we can use and images approved on our shopping cart and everything. So:

1) They are aware of our online store and is has been done according to their guidelines.
2) They have no problems with our online store but still. When i found that we can't no longer youse the XBRAND name on our Google ads, i called them and they said: oh...you can sale online but not advertise.
The sad part is that this all new enforcements started when they jumped into our end of the market and started selling directly from the factory via a new media company they hired/or created.
SAYING YOU CAN SALE but not advertise is a way of shutting down our business without being explicit.

I would give you more info but in a private message.

 

[Michael Wechsler]

1) Who is "they?"

2) What is your agreement with this company? Have you looked at the terms?

3) Are you an affiliate site that agreed to general terms and conditions or are you an established business that negotiated a specific sales contract?