The fervor surrounding the Stanley Tumblers persists within the reselling world, yet the manufacturer of these coveted cups is cracking down on eBay sellers, issuing cease and desist notices, and threatening legal action.

As confirmed by reselling.news, an eBay seller received the following message regarding their listing of a new Stanley Tumbler:

“Pacific Market International, LLC (“PMI”), the producer of Stanley® brand food and beverage containers, has identified (redacted eBay Seller) as an unauthorized Reseller of Stanley® products.

Related: Counterfeit Silver Coins are Being Sold on eBay…Again

To become an Authorized Reseller of Stanley products, PMI mandates all Resellers to submit a signed Authorized Reseller Agreement and Online Addendum before listing any Stanley products for sale.

Sales by unauthorized Resellers lack Stanley’s Built For Life™ Lifetime Warranty and therefore cannot be labeled as “new” products. This issue pertains not to pricing but to upholding the warranty.

We request the removal of all Stanley product listings within the next 48 hours. Any active listings will be deemed infringement upon Stanley® Trademarks, Copyrights, and Intellectual Properties.”

You can view the message here.

Such tactics present a headache for resellers, prompting skepticism among sellers regarding the legitimacy of such messages, which could be employed as scare tactics by competitors seeking to diminish competition. However, disregarding a notice like this could incur significant financial losses and jeopardize one’s privilege to sell on eBay.

This notice raises questions about the first sale doctrine, as Stanley emphasizes that the concern lies not in pricing but in ensuring the ability to honor the warranty when selling a brand-new item. This issue is likely to persist for sellers, as companies aim to maximize profits and control the distribution of their products. Perhaps a straightforward solution lies in including the receipt in the listing when selling a brand-new product, thereby providing the buyer with proof of purchase. Share your thoughts in the comments: does Stanley have the right to pursue eBay sellers who are reselling Stanley Tumblers?