Leopold 660C at EliteKeyboards

[eth0s]

All I know is I drink the hell out of Mexican Coke here in Texas.  The bottlers here hate it and have tried to sue a few different parties to stop it.  Coke themselves have tried to stop it.  Yet, it's at every gas station I go to, it's at Sam's and it's at Costco.  It's imported to the US from Mexico and sold openly through a distributor that has no Coke contract.  Coke can't stop it, they can just threaten the bottler in Mexico.  That bottler says they don't sell to the distributor.  So the distributor is buying it from another distributor in Mexico. 

Coke doesn't like it and says/wants it to be illegal.  Yet, I've been buying it for over 5 years now... if anything it's more popular than ever before.

(It has real sugar... not high fructose corn syrup)

Hmm, this is interesting.  If Mexican Coca Cola is really made from cane sugar, instead of corn syrup, it's actually a different product, and the Texas-based Coke distributor might be unable to stop the sales, or he might be unwilling to test his exclusive rights contract in court (for fear of losing.) 

Either way though, you are talking about smuggling.   Smuggling happens.  It's illegal.  I guess nobody really cares too much about cross-border Coca Cola smuggling, except maybe the millionaire Texas Coke distributor and his family (i.e., heirs), because everyone assumes it's probably not a revenue stream for gangsters and terrorists, like smuggling drugs, guns, women for sex trafficking, and other things.  But you never know.  Especially when it comes from Mexico.

[VesperSAINT]

Ruh roh! We've come to the point where we're talking about smuggling drugs and sex trafficking.

But on the topic, I highly doubt it's smuggling; Sam's Club and Costco will not sell smuggled products.

[aggiejy]

Haha.  It's not smuggling.  Legally purchased goods in one country, imported into another.  The importer has no legal obligation to respect any contracts between two  OTHER people.  And as long as customs are paid and such, it's not smuggling.  Of course, in order to sell it legally in the US, it requires proper labeling.  Thus, every Mexican Coke you find in the US has a sticker with proper nutritional facts, etc.  (The bottle itself is all in Spanish, etc.)

[qtan5370]

All I know is I drink the hell out of Mexican Coke here in Texas.  The bottlers here hate it and have tried to sue a few different parties to stop it.  Coke themselves have tried to stop it.  Yet, it's at every gas station I go to, it's at Sam's and it's at Costco.  It's imported to the US from Mexico and sold openly through a distributor that has no Coke contract.  Coke can't stop it, they can just threaten the bottler in Mexico.  That bottler says they don't sell to the distributor.  So the distributor is buying it from another distributor in Mexico. 

Coke doesn't like it and says/wants it to be illegal.  Yet, I've been buying it for over 5 years now... if anything it's more popular than ever before.

(It has real sugar... not high fructose corn syrup)

Hmm, this is interesting.  If Mexican Coca Cola is really made from cane sugar, instead of corn syrup, it's actually a different product, and the Texas-based Coke distributor might be unable to stop the sales, or he might be unwilling to test his exclusive rights contract in court (for fear of losing.) 

Either way though, you are talking about smuggling.   Smuggling happens.  It's illegal.  I guess nobody really cares too much about cross-border Coca Cola smuggling, except maybe the millionaire Texas Coke distributor and his family (i.e., heirs), because everyone assumes it's probably not a revenue stream for gangsters and terrorists, like smuggling drugs, guns, women for sex trafficking, and other things.  But you never know.  Especially when it comes from Mexico.

Not only in Texas but also in Missouri too, where I can get if not only from the small store but also the big supermarket.It is a good example for how it works. Contract is only apply to the parties who signed it. Cross board selling is not smuggling(which you can see the definition), it is a normal business activities.

Also, proxy also is a common business act which also protected by law. If I pay someone(or a business) to buy something for you, as an end custom oversea and send the item back to me, I am acting within my right.  However, if I intend to resell it for making a profit in the states, then it might become a unlawful action.

[Shadovved]

Parallel imports are never unlawful

Smugging is tax evasion, parallel import is just another lawful way of selling items in the capitalist society we have today.

EK gives the impression that he holds monopoly of the Topre/Leopold market in US, which cannot be true, as anti-trust laws exist......

[nubbinator]

Parallel imports are never unlawful

Smugging is tax evasion, parallel import is just another lawful way of selling items in the capitalist society we have today.

EK gives the impression that he holds monopoly of the Topre/Leopold market in US, which cannot be true, as anti-trust laws exist......

Just because someone has a monopoly doesn't mean they're violating antitrust laws.  There are many perfectly legal monopolies on the market, it's when you abuse your monopoly power that antitrust laws come into effect.  And in a case like this, good luck arguing monopoly or abuse of monopoly.  You have to be the sole provider of a good without viable alternatives to be considered under antitrust.

What Boost was doing was looking at grey market goods.  There's nothing wrong with that at all.  I have bought many grey market goods, namely textbooks, but if Boost was working with a distributor in another country and not using an agent (like you would with Taobao), they could be violating resale and distribution agreements with Leopold.  While not illegal, it can result in someone losing their distribution rights or contracts with Leopold. 

[Shadovved]

Parallel imports are never unlawful

Smugging is tax evasion, parallel import is just another lawful way of selling items in the capitalist society we have today.

EK gives the impression that he holds monopoly of the Topre/Leopold market in US, which cannot be true, as anti-trust laws exist......

Just because someone has a monopoly doesn't mean they're violating antitrust laws.  There are many perfectly legal monopolies on the market, it's when you abuse your monopoly power that antitrust laws come into effect.  And in a case like this, good luck arguing monopoly or abuse of monopoly.  You have to be the sole provider of a good without viable alternatives to be considered under antitrust.

What Boost was doing was looking at grey market goods.  There's nothing wrong with that at all.  I have bought many grey market goods, namely textbooks, but if Boost was working with a distributor in another country and not using an agent (like you would with Taobao), they could be violating resale and distribution agreements with Leopold.  While not illegal, it can result in someone losing their distribution rights or contracts with Leopold.

Well, true that, anti-trust is always a hard case to fight........

The people which would get into trouble would likely be the distributor in KR if EK decides to ring someone.

But unless the distributor is going to ship directly to US, I suppose nothing would come out of it.

[demik]

i love mexican coke, i'll be getting my diabetes the natural way, with real sugar. not no damn high fructose corn syrup.

[WRXChris]

i love mexican coke, i'll be getting my diabetes the natural way, with real sugar. not no damn high fructose corn syrup.

+1!

And just to clarify, mexi-coke is available throughout the US.  Costco may have been the first to distribute it nationally, as their business model relies on grey market supply (but dont quote me on that).  I now find mexi-coke at pretty much every grocery store, and occasionally odd places like best buy.

**** corn syrup, its terribly addictive and presumably is responsible for the rise in diabetes in the US, and likely many other common ailments these days.  If I drink soda it's Mexican made or pepsi / mountain dew throwback!

[VesperSAINT]

Lol! This makes me want to mumble about food politics but I'll refrain BUT DAYUM I could use some mexican coke right about now.

[Macsmasher]

Also, proxy also is a common business act which also protected by law. If I pay someone(or a business) to buy something for you, as an end custom oversea and send the item back to me, I am acting within my right.  However, if I intend to resell it for making a profit in the states, then it might become a unlawful action.

I'm a coder, not a lawyer. But my understanding is that buying through a proxy is fine for an individual. However, reselling the product(s) would probably not be, and I doubt the lack of profit changes that.

I'm glad we have these group buys. I hope they don't stop. But from a legal standpoint, reselling is reselling, regardless of profit.

[aggiejy]

I'm a coder, not a lawyer too.  But I think from a legal standpoint in the US, you can resell anything you legally buy baring regulations (commonly labeling/packaging/local restrictions/etc) or binding contract between you and another party stating you can't.  Which law are you breaking otherwise?  (Not saying there isn't one, but I'm genuinely curious if I'm missing something.)

[daerid]

I'm a coder, not a lawyer. But my understanding is that buying through a proxy is fine for an individual. However, reselling the product(s) would probably not be, and I doubt the lack of profit changes that.

I'm glad we have these group buys. I hope they don't stop. But from a legal standpoint, reselling is reselling, regardless of profit.

Does the order of monetary transactions matter, I wonder? Is it really "reselling" if money is collected up front, and then used to purchase through a proxy? Sounds more like a double-proxy kinda deal.. but then again, I'm not a lawyer either.

[quickcrx702]

Columbian Coke > Mexican Coke > US Coke

LOL.  Sorry, but I couldn't help myself.  The sad part is that the soft drink probably kills more people through obesity related diseases than the powder, and both should be avoided.

[VesperSAINT]

Don't mind me, I'mma just drinkin' ma Mexican coke while I read.

[qtan5370]

Parallel imports are never unlawful ----not to U.S.  So far, no case rule against it.

But it remain questionable in some E.U counties. So, it is prohibited in Hong Kong and Japan, two I am very sure.

However, in the international law and trade level, nothing against it.

About a resell and proxy, a good law person can always argue about it, in fact, it just depend on that way of contract. A clear line is that, for resell, you first own the product and then sell it for profit. Normally, for a B2C selling, seller don't have to know buyer ahead, it just put it up for sell.

But proxy is different, proxy collect buyer information before they purchase product, and hand out buyer information directly to seller, the proxy agency usually do not have the ownership of the product at any point of the sell. So, the actual end user will  indicate on the invoice upon need.

anyway, the fact is, no matter parallel import or proxy, as long as not involved dumping, it is commonly accept among business.