How to deal with trademark violation on powerseller & other ebay account

[superstealth]

If I can source 100 New Rolex's or Lamborghini's or Prada Bags or whatever, I can put them up for sale as new in my store, car lot, wherever. I won't be able to get them from the manufacturer and any authorized distributor is breaking the rules, but if I can get them I don't need permission to sell them.

Software is a different thing and you're trying to lump them into the same category. You hardly ever own software, you purchase the right to use it until you're done with it or for a certain amount of time.

Things like movies aren't licensed to you, but they will try getting you for counterfeits and it doesn't really matter unless you want to take ebay to court over it and either way you agreed to their terms to sell there..you're SOL

[slapped]

Originally Posted by superstealth

..... but if I can get them I don't need permission to sell them.......

Yor are correct in what you are saying, Read Post #19 which I wrote in this thread.

The one thing I do Not get into there is Warranty coverage. MANY, MANY of all these types of Tightly Controlled Products Warranties Automatically become NULL And VOID if the Item Is NOT purchased from an Authorized Retailer, It is Written right in the Warranty and ONLY The manfacture Has the right to Waive that Clause, Bose Electronics.
is an Excellent Example of this

You can find these products ALL The time Like I said in Post 19 above, these Authorized Retailers go out of Business ALL the time and you can Buy and Resell those Products.

Ebay is Completely Another Story, if you Post a Rolex on Ebay and Rolex has Ebay Take it down, there is NOTHING you can do about it, unless you contacrt Rolex and get them to Approve you to sell the Item.

And on this Note I have always thought that Ebays Policy is Incorrect and Outrageous.

If the product comes from some type of Liquidition and is Indeed Legit, Ebay users Should NOT Be punished, If the Manufacture does Not want the item on Ebay, So be it, but the Ebay User SHOULD NOT be punished in ANY Way.

If the item is indeed Counterfeit than punishment from Ebay is Justified.

This is a LEGIT Issue that if enough Banned sellers get together and Bring it to Ebay's Attention Some good might come out of it.

[emarchand]

Thank You guys, all of you for giving all those information to us new bees.

[furlac]

I am a little slow here. How can I sell a high quality replica, example Ray Bans, without getting in trouble.

[Hrad]

Originally Posted by furlac

I am a little slow here. How can I sell a high quality replica, example Ray Bans, without getting in trouble.

If by high quality replica you mean a counterfeit then you can't.

[GreenBean]

@furlac

you can not do it

AND dont try to be enabled here to do it.

staying on ebay is hard enough without the phake goodies as part of the picture.

[slapped]

Originally Posted by furlac

I am a little slow here. How can I sell a high quality replica, example Ray Bans, without getting in trouble.

This is EXACTLY Why Ebay/Amazon and Paypal are Soooooo Difficult to Survive on,,,,

All these Counterfeits,,,There is NO Such thing as a "High Quality" Counterfeit,,,a Counterfeit is Just That,,a Counterfeit,,

This is all most users want to know,,How do you get away with this,,The Awnser is Simple,,You Can"t,,,No Matter How Good you may think you are at
some point you account will get looked at by a HUMAN at Ebay,,at that Point it will have NO CHANCE of Survival,,,NOTHING Will Matter,,Feedback,DSR's,,Powerseller Status,Invoices, NOTHING

Concentrate your Energies on LEGIT Products,,You will Be MUCH Better off

[KingRay]

Originally Posted by furlac

I am a little slow here. How can I sell a high quality replica, example Ray Bans, without getting in trouble.

After reading all this and cant figure out what the answer is then you ARE indeed slow.

Stop wasting your time with Crap.......

[UnderBites08]

Originally Posted by slapped

Yor are correct in what you are saying, Read Post #19 which I wrote in this thread.

The one thing I do Not get into there is Warranty coverage. MANY, MANY of all these types of Tightly Controlled Products Warranties Automatically become NULL And VOID if the Item Is NOT purchased from an Authorized Retailer, It is Written right in the Warranty and ONLY The manfacture Has the right to Waive that Clause, Bose Electronics.
is an Excellent Example of this

You can find these products ALL The time Like I said in Post 19 above, these Authorized Retailers go out of Business ALL the time and you can Buy and Resell those Products.

Ebay is Completely Another Story, if you Post a Rolex on Ebay and Rolex has Ebay Take it down, there is NOTHING you can do about it, unless you contacrt Rolex and get them to Approve you to sell the Item.

And on this Note I have always thought that Ebays Policy is Incorrect and Outrageous.

If the product comes from some type of Liquidition and is Indeed Legit, Ebay users Should NOT Be punished, If the Manufacture does Not want the item on Ebay, So be it, but the Ebay User SHOULD NOT be punished in ANY Way.

If the item is indeed Counterfeit than punishment from Ebay is Justified.

This is a LEGIT Issue that if enough Banned sellers get together and Bring it to Ebay's Attention Some good might come out of it.

As with with a lot of products, like Car batteries at my store for instance all warranties are Non-transferable. Meaning If I buy a battery for my 01 benz, and put one of my auto part franchises batteries in the vehicle, then sell the car to you. That battery has no warranty anymore!

[furlac]

YAY! Finally an answer. Thank you so much. I am not selling them, there is a client that keep bugging me to do so and I keep researching and researching. I started looking at some wholesale places in my area last night and went to auction. I am enjoying that part. I will stay away from the glasses and anything like that. You guys rock. I was feeling bad cause I kept putting the guy off and now I feel great about it cause he is scum and learning that from all the threads.

[furlac]

Originally Posted by KingRay

After reading all this and cant figure out what the answer is then you ARE indeed slow.

Stop wasting your time with Crap.......

You really dont like me huh. I am trying.... please be patient

[mike017]

but i thought under the First-sale doctrine, you are allow to sale what you own unless it's software (which you agree in their user agreement on purchase).

[RedShootingStar]

Selling foo-foo items in general is the worst plan or idea, and on top of that selling them on a top rate/power seller account would be the dumbest. You already have an established seller account, so dont take advantage of the system or you will ether start over or be sitting on the sidelines. I am not accusing you of selling foo-foo, but odds are if you got a strike, then this is the case. eBay of the rights owners do not just give out these strikes for no reason. 95% of the time they are legit reasons. I would also like to add that these jeans you are talking about must be high risk, high value, because I have sold 100s of pairs of jeans at one time (not ⊗⊗⊗⊗, but a known name brand) and had zero issues. I took pictures of all individual jeans and at mutliple angles, including tags, logos, etc. As mentioned before 95% of the time if a vero member takes you down they have a legit reason. They could care less if a product is being bought and was new/used and are reselling, but they want to eliminate the easiest way to purchase foo-foos and that is by eliminating you.

The easiest way to compare this in real life scenario is if you get caught dealing drugs. The police will not care if you are a celebrity or a normal person. You will get caught and you will be punished. The level of punishment will vary, but ultimately you will be caught if you are doing something illegal and you will be punished. Selling foo-foos online is announcing what you are doing to the world, and the companies, legal teams, police etc., are all watching you and waiting to take action. A drug deal wouldnt sell their drugs on ebay, so why are you doing the same thing?

[GreenBean]

Originally Posted by mike017

but i thought under the First-sale doctrine, you are allow to sale what you own unless it's software (which you agree in their user agreement on purchase).

Not at all. It is much more involved. For the sake of simplicity, read this from wikipedia

First-sale doctrine - Wikipedia, the free encyclopedia

Get legal advice away from the forum to determine if a product you might be considering selling will give you problems.