What is the policy? Counterfeit products are illegal and not allowed on eBay. Examples include: Fakes, copies, or replicas of brand name items for example, a shoe with the Nike name or logo that wasn't made by Nike Electronics or accessories that use or bear the brand name, logo, or trademark of a company that didn't manufacture the item Bootleg recordings from concerts or other live shows Unauthorized or pirated copies of movies, videos, or software Listings with photos that hide or blur trademarks are not allowed If you're not certain that your item is authentic, or if an authenticator has been unable to confirm its authenticity, it may not be listed We may remove listings if we receive buyer complaints that the item is not authentic.
These items may not be relisted Activity that doesn't follow eBay policy could result in a range of actions including for example: administratively ending or canceling listings, hiding or demoting all listings from search results, lowering seller rating, buying or selling restrictions, loss of buyer or seller protections, and account suspension.
Why does eBay have this policy? Was this article helpful for you? You might also be interested in:. This can quicken any takedown requests and provide clear guidelines for any sellers with potentially infringing products. Email the VeRO team to request a profile vero ebay.
For information on VeRO itself, follow this link. You will need to decide what type of infringement it is, according to the codes provided on the form. If your report is dealing with copyright infringement, you can contact the eBay designated agent, and send in your DMCA notice.
You can find the full eBay IP policy here. Counterfeits are a form of trademark infringement; they are products which explicitly try to imitate a product by copying design or patent elements and also branding components.
The selling policy on eBay explicitly states that replica products are not permitted on the site. These are products that imitate a copyrighted design or patent illegally. This could be protected images, text and videos on the site. Providing that the listing is not infringing on any IP rights and was obtained legally, eBay will reject complaints that are made on the following grounds:.
Ebay will not uphold any complaints by IP rights owners who wish to control where a product is resold. They will reject complaints that are made in an attempt to enforce distribution contracts to authorised sellers. Complaints made to eBay about products being sold below their minimum advertised pricing will not be accepted. How Bad Is the Counterfeiting Problem? Getting Caught Let's go back to our opening questions.
There are three big problems: 1 If the trademark owner chases you, you can quickly lose all of your business investments and assets all your fake Gucci bags and much more you may be pursued for your personal property and home. How Do You Get Caught? Proving the Case Proving trademark infringement is easier when dealing with counterfeits because there is usually no need to conduct a factor-by-factor analysis of likelihood of confusion. Punishment The remedies for trademark counterfeiting under the Lanham Act are much harsher than for traditional trademark infringement.
If You Get a Cease-and-Desist Letter If you get a cease-and-desist letter, the following scenarios are possible: You keep selling the knockoffs; the lawyer files a lawsuit, gets a default judgment, and enforces it against you personally assuming you're not an LLC or incorporated or against your business.
You stop selling the knockoffs; the lawyer drops the whole thing. You stop selling; the lawyer sends a second letter, gets no response, files a lawsuit, and gets a default judgment. Talk to a Lawyer Start here to find criminal defense lawyers near you. Practice Area Please select Zip Code. How it Works Briefly tell us about your case Provide your contact information Choose attorneys to contact you.
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