Can you sell stuff without using the logo?

[lightmaria]

So like this a sketchy question. I'm sure it is fine but I am just paranoid.

So like if I were to sell certain shoes or clothing or cell phone accessories without the logo or trademark name anywhere on the item, would it be okay to sell the item?

[Callidus]

Good question - I would of said yes, however if the item has a patent that is related to the design of the item or how unique the patterns are however there could be some IP issues but mild at that as its not branded.

You are referring to OEM which is good if you are looking at putting your own logo onto an item that does not have any copyright infringement against it.

[lightmaria]

Oh so if it has a design patent then that could be an issue? D:

And I'm specifically advertising these things as generic btw. No where do I mention trademark name, I specifically state in my listings that they are generic with no logos.

Do you think U.S. customs knows about design patents and stuff if I ordered these accessories? I doubt it but yeah I see people selling these things at kiosks in the mall even though they have a design patent protecting it and no one says anything to them.

[dallasreed]

If the design is 'instantly recognizable' as a product that is patented or trademarked you can get into trouble. Legally you may not be infringing, however if a VeRO rights holder complains to eBay they will likely take the listing down and put a strike on your account if you are using their trademark in advertising the product or a knockoff of their patented design.

If you are selling a generic product that looks like a branded product, obviously you do not want to advertise it as a replica or have the VeRO name in the title. That is trademark infringement.

It is OK to sell an item that is like another item, but is obviously not the vero item.

For example, an Invicta Pro Diver looks like a Rolex Submariner, but if one were to advertise a 'Invicta Pro Diver' as a 'Invicta Pro Driver Rolex' that would be a no-no and get you into VeRO trouble.

Hopefully that is not too confusing and the info you are trying to clear up.

[dallasreed]

Customs only looks at brands that are registered with customs. Rights holders can pay customs a fee and customs will look for their products when they do inspections. Most instantly recognizable trademarks are pulled aside for extra inspection, and most of the stuff that lots of sellers sell phakes of on eb are included in this.

[lightmaria]

Originally Posted by dallasreed

Customs only looks at brands that are registered with customs. Rights holders can pay customs a fee and customs will look for their products when they do inspections. Most instantly recognizable trademarks are pulled aside for extra inspection, and most of the stuff that lots of sellers sell phakes of on eb are included in this.

so you think if theres no logos or trademarks customs won't pull it aside? The thing i'm trying to sell does have a design patent but it's not like identical there are a few differences.

and yea I understand you. =)

[dallasreed]

I wouldn't make any assumptions. If the brand owner had one of this item in their hands would they say it is the same thing? Customs has a team dedicated to handbags for instance. I would do some more research yourself before you get yourself involved in something that could be gray area.

If you sell products that bear a design and/or logo that is likely to cause confusion among customers, you may be guilty of trademark counterfeiting or "trade dress" infringement. Depending on the product this can be criminal.

In regards to law, even if you are clear that it is a knockoff to the consumer, this does not keep confusion from happening after the sale.

Say if a woman brings a knockoff purse to a party which only she knows is a knockoff, but others may believe it is the real thing, thus they may be less likely to purchase the real thing. This could be due to the quality of the knockoff being subpar or because the value of the brand is being diluted.

Take for example the Rolex I mentioned. If anyone could openly wear a $200 knockoff Rolex to a business meeting, but only they have the knowledge that it is a knockoff, why would anyone spend five figures on the real thing?

My foremost advice is that you don't sell replicas, but consider selling the original products of a new designer trying to make a name for themselves.

[unkown5454]

You are constantly looking for trouble and yet again, you have definitely found it. You are trying to sell products that imitate a legitimate brand one way or another. Your accounts won't have a leg to stand on.

Please stop with the nonsense and incessant repeat posting. You are well aware of what you are doing but refuse to stop it.

[rsot]

unkown gets to the heart of the matter - even if some people here are having success with these kind of sales, they are unlikely to divulge the methods that work lightmaria. You can experiment however but dallasreed is also making some clear info posts for you

[Sandy D]

I believe someone here posted a couple years back they had 8000.00 worth of look a like items held and kept by customs.

I have read your post many times and it seems you are almost begging for problems.

I think it was you who posted you ordered something in the range of 4,000 worth of goods.

If you consistently have issues why would anyone order that much at one time and why would you consistently keep going back to the same things knowing it has a high percent of being held.

Time for some new products.

[unkown5454]

OP has a nice handful of posts all regarding the exact same thing over and over. All ill.egal...which is why it's time to open some eyes or face the consequences. Obviously, OP is going to do whatever they want.