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Question:

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Ken

    Had a manufacture make the dumbest statement I had ever heard and want your opinion.

    Manufacture claims that while they sell products to distribution (ADI, TRI-ED, etc), that the resellers of those products (dealers) MAY NOT represent themselves as authorized dealers, resellers, etc (anything of the manufacture), UNLESS they have entered into a contractual program from the manufacture giving them those rights.

    I would argue that the distributor when selling me as a dealer provided an implied authorization to represent myself as an authorized dealer for the manufacture based on the fact that my distributor has entered into a contract with the manufacture to resell their goods, and thus promotes and sells that product to me to represent and promote to my clients.

    Do you agree?

Michael E

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Answer:

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    Sorry I don't.  Manufacturers of course have a right to control the flow of distribution of their products, and they have real incentive to ensure that those representing them will do so in the way the manufacturer believers most beneficial to the manufacturer.  There are several factors that come to mind. 

    A manufacturer may think that a particular distributor will have greater incentive if it has an exclusive territory; another manufacturer may think that offering the product through all possible distribution networks, perhaps even to dealers or end users directly, is the way to go. 

    Manufacturers may expect distributors or authorized dealers have certain training so that customer support is properly administered. 

    Manufacturers may require its authorized distributors and authorized dealers to sign agreement which address many issues, such as training, and may include minimum purchase obligations and additional royalties or sharing of certain expenses related to marketing. 

    So clearly, the fact that you purchase the product from a distributor or authorized dealer, does not make you authorized.  The fact that you may sell or use particular products does not mean you have relationship with the manufacturer or have the right to hold yourself out as a representative.  You see advertisements all the time by "authorized" factory reps; they have been trained and more than likely paid the manufacturer for the privilege of advertising that status.

    You probably can however advertise that you use or sell particular products.  Just be careful not to use any trademark without permission.  Thinking about it I am not so sure you can advertise "we use genuine Honeywell products" without getting Honeywell's consent to use that name in your ad.  You can ask for permission and see what happens; let us know.

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USA & International use Mobile Phone Jammer regulations

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Question:

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Good Morning Ken,

    Thanks for the email info up-dates. I have customers looking to use mobile phone jammers in the United States at there schools,place of business,presentation speaking events,etc. Does each state regulate? Does frequency levels of units matter? Does the 911 emergency line have regulations on jamming? Many of our areas are being taken over buy text-chirps and cell phone use while on the job and in public places. I would appreciate any information you can shed on this matter.

Best Regards, Bill

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Answer:

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    I don't have clue.  Anyone know anything about this?