Can Krispy Kreme Legally 'Shut Down' Re-Sale Of Their Doughnuts?

[CarlinAnnArbor]

Because there was no Kispy Kreme business anywhere nearby, a Minnesota college student drove 270 miles to Clive, Iowa, every Saturday to buy up to 100 boxes of doughnuts, drive them back, and re-sell them to customers willing to pay $17 to $20 per dozen. Some customers reportedly paid Jayson Gonzales as much as $100 per doughnut run for the doughnuts. 'There has not been a Krispy Kreme outpost in Minnesota for 11 years, which prompted the high demand Gonzalez saw.'

Upon learning about this, Krispy Kreme sent Gonzales a letter telling him he had to 'shut down' his business because his side business was a 'liability' to Krispy Kreme. KK added, "We appreciate Jayson's passion for Krispy Kreme and his entrepreneurial spirit as he pursues his education."

1. So, was Gonzales breaking any law by re-selling the doughnuts be purchased? Did / Does KK have any legal leg to stand on in demanding Gonzales stop making these runs and re-selling the doughnuts?

IMO, if they did, Gonzales would have received an official, legal 'Cease and Desist' order instead of a corporate letter informing Gonzales that he 'had' to stop.

2. What 'Liability' was Gonzales' re-selling the doughnuts causing in a location where KK chose not to have a franchise?

If anything, IMO again, KK should reach out to Gonzales and THANK him for pointing out such a high-demand area for expansion, if not offering to give him part (if not total) ownership of his own KK franchise in the are in which he was re-selling their doughnuts!

What say YOU?


Krispy Kreme orders Minnesota student who bought, resold doughnuts to 'shut down operations'

.

I respect the guy. Once he purchased them, they're HIS private property to do as he wishes

 

[Jackson]

Krispy Kreme doesn''t have a leg to stand on. Once the product was sold, the young man could do anything with them. The young man should save his money a buy a franchise, although he is probably making more money this way.uu

 

[Jackson]

$15-17,000 a week? Gotta buy me a truck!

 

[Billy_Kinetta]

KK should have simply left the dude alone. He's making about $1500 bucks a week without harming KK's markets at all.

no idea if this is why, but if someone got sick or found a foreign object in a donut, who do they go after?

Krispy Kreme, whether the donut was bought on site or not.

Same as if someone buys a box of donuts and shares them with the office.

 

[Jackson]

KK should have simply left the dude alone. He's making about $1500 bucks a week without harming KK's markets at all.

no idea if this is why, but if someone got sick or found a foreign object in a donut, who do they go after?

I would say both.

 

[Wyatt earp]

The kid could take a dump on them and sell them as McDoodles and they couldn't do a damn thing

 

[iceberg]

no idea if this is why, but if someone got sick or found a foreign object in a donut, who do they go after?

Common Sense would say the person who sold the doughnuts, as KK could say once the doughnuts left the shop they were no longer accountable.....but that's 'common sense'....and we're talking about a country / culture that awarded a moron millions for placing a hot cup of coffee between their legs and spilling it / burning THEMSELVES with it....



.

Maybe but law doesn't always follow common sense.

 

[Desperado]

Who ratted on him to Krispy Kreme?

 

[Bob Blaylock]

Because there was no Kispy Kreme business anywhere nearby, a Minnesota college student drove 270 miles to Clive, Iowa, every Saturday to buy up to 100 boxes of doughnuts, drive them back, and re-sell them to customers willing to pay $17 to $20 per dozen. Some customers reportedly paid Jayson Gonzales as much as $100 per doughnut run for the doughnuts. 'There has not been a Krispy Kreme outpost in Minnesota for 11 years, which prompted the high demand Gonzalez saw.'

Upon learning about this, Krispy Kreme sent Gonzales a letter telling him he had to 'shut down' his business because his side business was a 'liability' to Krispy Kreme. KK added, "We appreciate Jayson's passion for Krispy Kreme and his entrepreneurial spirit as he pursues his education."

1. So, was Gonzales breaking any law by re-selling the doughnuts be purchased? Did / Does KK have any legal leg to stand on in demanding Gonzales stop making these runs and re-selling the doughnuts?

IMO, if they did, Gonzales would have received an official, legal 'Cease and Desist' order instead of a corporate letter informing Gonzales that he 'had' to stop.

2. What 'Liability' was Gonzales' re-selling the doughnuts causing in a location where KK chose not to have a franchise?

If anything, IMO again, KK should reach out to Gonzales and THANK him for pointing out such a high-demand area for expansion, if not offering to give him part (if not total) ownership of his own KK franchise in the are in which he was re-selling their doughnuts!

What say YOU?


Krispy Kreme orders Minnesota student who bought, resold doughnuts to 'shut down operations'

.

First Sale Doctrine…

When you sell something, you relinquish ownership of that thing to the buyer, along with any control over that thing, and any rights concerning what may be done with that thing. It belongs to the buyer, and it is entirely the buyer's to dispose of as he pleases, including selling it to someone else.

Krispy Kreme, in this case, is full of sh•t. They have no authority whatsoever to tell someone what he may or may not do with donuts that he has bought, and which are rightfully his own property.

 

[easyt65]

Who ratted on him to Krispy Kreme?

Some employee probably finally asked why he was buying 30 - 40 dozen doughnuts each week....

 

[iceberg]

Who ratted on him to Krispy Kreme?

Some employee probably finally asked why he was buying 30 - 40 dozen doughnuts each week....

and never gained a pound!!!!

can you imagine being that store manager and losing that weekly revenue?

 

[CarlinAnnArbor]

Who ratted on him to Krispy Kreme?

Some employee probably finally asked why he was buying 30 - 40 dozen doughnuts each week....

and never gained a pound!!!!

can you imagine being that store manager and losing that weekly revenue?

Unless the government is losing tax revenue like selling loose cigarettes, I dont know how anybody can stop him. The country needs more young entrepreneurs

 

[depotoo]

i never thought they were that good to begin with. at least not drive 270 miles good and then to pay that much more for cold donuts?

but krispy kreme said it presented a liability to them. not sure how but i'm sure it's a legal thing i really don't want to understand. i'm just glad these rules were not in place in the 70s when i went to 6th grade with bags of candy to resell and make money for the pencil machine so i could have pencil wars.

those rubber-like pencils were a killer.

Probably fear of their being messed with, and the blame coming back to them since their name is on them.

 

[depotoo]

If I were Krispy Kreme I’d offer him a job. His marketing skills must be top notch! Lol

 

[CarlinAnnArbor]

If I were Krispy Kreme I’d offer him a job. His marketing skills must be top notch! Lol

If they somehow stop him, he'll find another way to make money. Entrepreneurs always do.

 

[Desperado]

krispy kreme allows their donuts to be used as a fund raiser
Organizations can purchase our Original Glazed doughnuts for $5.00 per dozen. The suggested FUNDRAISING selling price is $10.00 per dozen. There is a 50 dozen minimum order. To maximize your result, the doughnuts can be pre-sold
So the precedent has been set

 

[Wyatt earp]

Is it just me or is twinkies getting smaller?

 

[petro]

If I were Krispy Kreme I’d offer him a job. His marketing skills must be top notch! Lol

Help him open a franchise. The demand seems to be in one town.

 

[iceberg]

krispy kreme allows their donuts to be used as a fund raiser
Organizations can purchase our Original Glazed doughnuts for $5.00 per dozen. The suggested FUNDRAISING selling price is $10.00 per dozen. There is a 50 dozen minimum order. To maximize your result, the doughnuts can be pre-sold
So the precedent has been set

the plot and donut dough thickens!!!

 

[The Purge]

Once sold, it is no longer their property