« Important FDCPA Ruling: Brown v. Card Service Center | Main | A Bit More on Consumer Law Cases and Contributions to Judges »

Friday, October 06, 2006



A couple of things. First, if it was a legitimate copyright claim, Salonquest could send a Notice of Claimed Infringement under the DMCA and eBay would remove the auctions. This however, carries the liability of a lawsuit for frivolous NOCIs. Its called a useful article. I think Salonquest MAY have a legitimate point about its distributors and its agreements BUT that is a claim AGAINST the persons/entities that sold the item to the eBay sellers and likely only if it can prove the distributors sold the product knowing it would be resold on eBay. Perhaps the licensed cosmotologist might beat even this one.

Please remember, there are many companies that abuse copyright and trademark claims but most do not and are victims of counterfeits and heavy use of their marketing materials (those pro photographers get paid pretty decent and their equipment ain't cheap either). The eBay sellers know the pictures make sales. If these things did not make a differents, Nike would NEVER pay Lebron $90 million to sell shoes.

California Beauty Salon Insurance

There should definitely be some copyright laws for internet sales. I just don't see how you can enforce them with the internet being just about as big as the universe.


Couldn't there be a case made for harassment? I would think that if they do not have a legal leg to stand on and you've indicated your position when they filed a suit against you, you could then create a counter suit for harassment and anguish...

Australian Gold tanning lotion

These companies need to quit harassing the little guy. What we need is a huge judgement or 2 slapped on some of these companies that act this way. Since when did filing a lawsuit and intimidation someone become part of a legit business plan. It is time for the Feds to step in.

Lorenz Harms

Simplicity, maker of sewing patterns is doing the exact same thing to my wife. She's been contacted repeatedly by a lawyer for Simplicity to cease and desist using pix she took of the patterns; for sale on Ebay. These are patterns she's collected over the years and now is just trying to clean out her closets.


As to the case covered in the blog post, SalonQuest did not pursue the issue beyond sending threatening letters. Since then, others have complained about receiving the same or similar letters, but I have not heard of any cases where SalonQuest has taken any further action.


What ever happened with this?


quote: "This product does sell well online but does not sell for CRAP in the beauty salon"

Given that bit of information, I wish everyone would comply with their requests / demands and leave the sales (or lack of) to the salons. After having inventory sitting on the shelves for far too long, perhaps even they will stop selling the products and the-shampoo-whose-name-cannot-be-spoken (for fear of "copyright infringement") will disappear from the face of the Earth.


These comments have been invaluable to me as is this whole site. I thank you for your comment.


Okay, what is the deal? I too am an eBay seller and received this same letter. I think the way around it is to list the item WITHOUT a picture. And if you use a picture, either blur out the Aquage logo/name or turn it to the side so one cannot read the Aguage name. Any suggestions? This product does sell well online but does not sell for CRAP in the beauty salon


Any updates on this??? I'm having the same correspondence right now myself?????


I received that too .. here's a copy of the email:

This office represents SalonQuest LLC on issues relating to the distribution policies of its professional product lines.

As you know, SalonQuest manufactures Aquage products, a high quality line of hair care products that are sold exclusively through licensed beauty salons. SalonQuest has contracts with all of its distributors limiting the resale of its products only to licensed salons and cosmetologists. In turn, salons and cosmetologists purchasing SalonQuest products agree that the products will not be resold or redistributed through non-salon outlets.

It has come to our attention that you are offering Aquage products for sale on Ebay. This activity constitutes a violation of SalonQuest’s distribution policies.

We hereby demand that you immediately remove all Aquage products from your Ebay offerings and that you confirm for us in writing your agreement to permanently discontinue all sales of Aquage products over the internet or through any other form of mail order.

Absent a satisfactory response from you within five days of the date of this letter, the matter will be referred to SalonQuest’s legal counsel for further action.

Patricia L. Urban

Security Essentials LLC

34 S. Main St.

Chagrin Falls, OH 44022

(xxx) xxx-xxxx

cc: Dennis Lubin—President, SalonQuest LLC


HI, just reading this thread becasue I recently listed some Aquage products on eBay and also got an email,I was told that they only sell to licensed cosmetologists or salons, and that these licsensed professionals enter into contracts not to sell aquage other than in a professional salon, I am a licsensed cosmetologist and bought the product without any mention of a contract..I was told I have five days to remove all products and put in writing that I will never sell Aquage over the internet or through mail-order again and if I don't comply I will be contacted by their legal team,I'm trying to figure out if I am doing something illegal or not.


This person has had filled numerous suits against companies making the same copyright and trademark claims.


Bill Clinton

What a bunch of low life "have nothing better to do" scum. Just leave people alone... telling that you can't take a picture of something and post it ... might as well put it into the same league as porno pictures... sheeesh

The comments to this entry are closed.