Well, I wish I had noticed this one much sooner. I could have used it as an example.
If you get hit with a trademark violation, you are being accused of selling un-genuine goods. They are alleging that you put somebody's brand name logo or tag on an artificial product.
They hit you with VeRO when they are alleging that the goods are genuine but that you do not have official permission, from the rights owner or his/her agent, to sell the goods. It's called licensing. Authorized reseller is another term.
You can't legally sell the phoney anywhere in the US.
You can't sell the real thing unless you paid retail price (on sale is ok) OR unless you have a contract with the company which grants you permission to sell the goods.
Not all brand names bother to protect their goods from resale. But they have the legal right to do so if they choose. That's what copyright and trademark are all about. There is only one Levi's, Rolex, Ford, Audigier, Versace, Caviaricci, Bolle, Carver, Samsung, Snickers, Kool-Aid, and so on. You can't have that name on a product not made by those people. If they don't want you selling their genuine product, guess what... You don't get to. It's theirs.
They call the shots. Just like you and your car. Suppose you didn't buy one, but built it custom yourself. Suppose you register a patent and copyright and all that. It's yours. You own it. The car, the name, all rights to manufacture and sell. Maybe you'd let me take it for a spin, but suppose you'd rather sell it yourself when the time comes (instead of me doing it for you whenever I want, keeping the money, and not even telling you). Hypothetically, it would be VeRO and grand theft auto. You see?
Now, suppose you don't want me making copies of your car in my garage and selling them all over town? This is not VeRO. This is trademark infringement, counterfeiting, and illegal everywhere in North America no matter what.
If you paid retail and you have your receipt, they will still bug the hell out of you and hope that you will be annoyed enough to give up. You can fight it and win. A couple years later.
Or you can cheat the game. (my favorite)
By the way, one is a criminal offense (could get you labeled under the patriot act too), the other is a civil matter involving litigation and lawsuit. Guess which is which?
Quote:
Originally Posted by ksg1648  Hi everyone,
Im a powerseller and been on for 1year thanks to stealth! *yayy* first trademark violation yesterday so am not listing ANYTHING vero or dodgy on this account for the 90 days or until my policy compliance goes back to good.
As per ebay's rules i want to create a sub account with all the same info - address, bank. paypal linked to this main account so i can build up this second account and put on some vero items (possibly?)
At the same time i will be making a brand newbie account just in case this all fails.
My question is should i create a sub-account or just not bother? i dont want to get my good powerseller acount screwed up.. secondly if i do create one can i do it on the same windows username or do i need to separate cookies etc?
any help would be appreciated
Kat |
