Posted on 11/04/2019 10:10:59 AM PST by C19fan
Nothing special?
Not in my area.
Waaaayyyy better than any other donut shop around.
Very bad form Krispy Kreme.
He could always call them “The Donuts Formerly Known As Krispy Kream.” I think Prince had a similar problem.
Should work.
I don’t see how KK can legally stop him from selling donuts he bought. He needs to tell KK to pound sand. Once he pays KK for the donuts, they are his donuts to eat, give away, or sell to the highest bidder.
Five seconds in the microwave and that baby is fresh all over again!
Someone up thread asked...If he wants to sell his Dodge, he can't call it a Dodge?
This young man has no contract with KK. AND he is NOT a franchise. He's a kid selling donuts on his own time.
“Loss in sales? What loss in sales? He bought them!!!”
The store that was selling the many boxes of doughnuts to him is no longer selling the many boxes of doughnuts to him.
He no longer buys them, the store no longer sells them.
The store has a loss in sales.
moon pie and RC cola combination.
I had my fair share of moon pies and RC colas as as kid. They would kill me today.
To put a finer point to this...When I lived in Montana we had a guy come through town in a panel truck selling Vidalia Onions. He went down to Georgia to load up then went through Montana towns until he sold out. The Vidalia is ‘special’ to Georgia and they take their brand quite serious. I guess it shows for a lack of better words, a difference in management. KK should have thought this out a little longer. They had better options.
Here, too. Don’t need them, shouldn’t eat them, but their Boston Kreme and apple-filled donuts are to die for. Good coffee, too. I was just thinking to myself, who in God’s name would want to smuggle those nasty Krispy Kreme donuts across state lines like it was Prohibition moonshine?
“If he wants to sell his Dodge, he can’t call it a Dodge?”
I have a used Dodge to sell.
I have a used Krispy Kreme to sell.
I see a problem, do you?
Reminds me of the old days when my buddies in CO would load up cases of Coors beer and make the run back east. Easily paid for their gas and then some.
Your picnic example is not applicable here.
This guy is selling them as Krispy Kreme. He is profiting on their brand, trade marks, and intellectual property. In short, the dough-nut seller is a thief and selling KK's intellectual and brand property with out license. Basic business law.
And as I said earlier, should there be a issue with the dough nuts he sold as Krispy Kremes, you can bet ambulance chaser lawyers will go after KK because they will argue that KK should know where their products are being sold (chain of custody) and take care they are sold appropriately. The ambulance chasers may lose but more likely it will cost KK $$$ in defending themselves and probably paying off the lawyer's client to get them to go away. And that is why businesses hammer naive, innocent - and not so innocent - sellers as the kid.
Where I grew up, there was a bakery downtown, called The Waldorf Bakery, that made the most amazing plain cake donuts. The newspaper printed a recipe once. They had nutmeg in them. They were kind of crunchy on the outside, and not too soft inside. I’ve made them many times, but somehow, they always disappear...
I cant speak as a lawyer but there seems to be many things very wrong with your posted theory, not the least of which is long established practice (see my post 44). Likewise, as established by most law, and using the gun industry as an example, historically, one would not sue the gun manufacturer for the misuse of a product sold to an individual (though thats a tactic currently being employed).
This seems like a case where KK can either refuse to sell to the person, or take the individual to court, not because he resells the product, but possibly because he is selling without some state required business license (another grey legal area, i.e. kids lemonade stands). But I dont see this as a legal action.
Re-think that. Guy walks up and orders a hot dog and a Coke. I sell him the Coke. The exterior of the “package” contains Coke’s trademarked logo. Perfectly legal. Coke can’t stop it. The kid is handing them a package with the KK trademark. Same deal.
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