alt Hacker NewsBut the recycler has all the papers and documentation that they lawfully contracted an overseas company for wholesale recycle of the product. What's your civil court's jurisdiction? You might be able to play wack-a-mole with ebay, temu, alibaba express sellers through civil court in your jurisdiction assuming you have the money of course.
I'm supposing ExampleCo's civil court's jurisdiction covers the recycler's location, otherwise ExampleCo would have really stupid management.
I'm supposing the contract with the recycler would hold the recycler liable, and whatever third party contracts they made with another company would not matter one bit. If ExampleCo contracts with RecycleCo to recycle pants and they do not get recycled then RecycleCo is liable to ExampleCo, yes RecycleCo has contracts with OverseasRecycleCo and it is up to RecycleCo to sue OverseasRecycleCo to recoup the losses they had to pay to ExampleCo; ExampleCo will probably not be suing OverseasRecycleCo, they will take their pound of flesh out of RecycleCo. All of this of course implies that they have some way of verifying that pants they find out in the world are in fact pants that should have been recycled.
What jurisdiction will the suit between RecycleCo and OverseasRecycleCo be taking place in? Depends on the location of the two entities, and possibly also on contractual conditions.
I totally admit that it is not ideal to sue over breaches of contract, it is almost always preferable that breaches not happen because when breaches don't happen it means that things are going the way you specified that they should go and you should be happy.
But let's go to another point here:
what is it about recycling that means that clothes will be taken and resold instead of recycled in greater numbers than clothes that were supposed to be destroyed? Nowadays clothes that are meant to be destroyed are sometimes not, and sold and ExampleCo suffers in the same way as they would with recycled clothes. I suppose ExampleCo must be able to tell if clothes that they find out on third party sites are among clothes that should have been destroyed nowadays otherwise this whole thing is moot and exactly the same as it is now.
Sometimes clothes are stolen from trucks and trains and sold, will this stop happening because of all these clothes that were supposed to have been recycled destroying the market for stolen clothes?
Most non-authorized sales of ExampleCo pants are not actually lower quality ExampleCo pants destined for destruction but fake ExampleCo pants, because ExampleCo as a brand is just so exciting that there are lots of fake ones made, because most pants that are sent for destruction are destroyed and only some are diverted to resellers.
Will the surplus of pants from ExampleCo that were supposed to be recycled but for some reason are not because "oh no, it is impossible to sue people in this new world with recycling going on" going to be so great in amount that instead of completely fake ExampleCo pants there will instead be only ExampleCo pants of lower than normal ExampleCo pants quality?
Why exactly will lower than normal quality ExampleCo pants destroy the brand value of ExampleCo more than counterfeit ExampleCo pants? Are counterfeit ExampleCo pants better than real ExampleCo pants that failed some part of QA process?
Frankly a lot of the argumentation as to how recycling opens up the doors to destroying the value of ExampleCo seems specious, in that it seems like it would not damage ExampleCo any more than it can currently be damaged by breaches of contract where destruction of inventory is concerned or other civil and criminal acts.