How do I avoid copyright infringement on eBay?

How do I avoid copyright infringement on eBay?

Things to Avoid EBay specifically prohibits the sale of replicas, fakes or counterfeit items, so make sure copyrighted work listed for sale on the site is genuine. If you have questions as to whether or not an item can be sold on eBay, contact the rights-owner or manufacturer first.

Who won the Tiffany vs eBay lawsuit?

Ultimately, “the court rejected Tiffany’s argument that eBay was directly liable for trademark infringement on the theory that eBay was jointly and severely liable with the sellers of counterfeit TIFFANY products because: (1) eBay never took possession of products sold through its website, and (2) eBay did not directly …

How much does it cost to sue for trademark infringement?

Now consider the cost of suing. Typically, lawyers who handle trademark cases charge $250 per hour or more (especially in larger metropolitan areas). Full-blown trademark litigation can easily cost over $20,000, and that number can increase depending on the location of the litigation and the possibility of appeal.

What happens if you violate eBay policy?

Activity that doesn’t follow eBay policy could result in a range of actions including administratively ending or canceling listings, hiding or demoting all listings from search results, lowering a seller’s rating, buying or selling restrictions, loss of buyer or seller protections, account suspension, application of …

What happens when you get a VeRO on eBay?

The Verified Rights Owner (VeRO) program allows owners of intellectual property (IP) rights and their authorized representatives to report eBay listings that may infringe on those rights. VeRO embodies our commitment to provide a safe place to buy and sell, which respects property owners’ rights.

Does eBay allow fake items?

We don’t allow counterfeit items or unauthorized copies to be listed on eBay. Items that bear a company’s official brand name or logo can be listed, as long as the products were lawfully made by, for, or with the consent of that company.

What is contributory trademark infringement?

Contributory trademark infringement occurs when a person or corporation is held liable for secondary infringement of a trademark, copyright, or patent without having directly engaged in activities that legally constitute infringement.

Why did Tiffany Sue eBay?

Tiffany had argued in the lawsuit that eBay should be held liable for trademark infringement on the basis that significant volumes of silver jewelry merchandise that Tiffany contends are counterfeit have been made available for sale on eBay’s website.

How serious is trademark infringement?

Trademark infringement violations are very serious and are often involve aspects of deceptive trade practices. Trademark infringement can result in the following legal consequences: Monetary reimbursement for losses to the plaintiff. Seizure of goods that use or incorporate the unauthorized trademark.

How do you know if you are violating a trademark?

THE 8-FACTOR TRADEMARK INFRINGEMENT TEST

1. STRENGTH OF THE SENIOR MARK.
2. RELATEDNESS OF THE PRODUCTS.
3. SIMILARITY OF THE MARKS.
4. EVIDENCE OF ACTUAL CONFUSION.
5. MARKETING CHANNELS USED.
6. LIKELY DEGREE OF PURCHASER CARE.
7. THE INTENT OF DEFENDANT IN SELECTING THE MARK.
8. LIKELIHOOD OF EXPANSION OF THE PRODUCT LINES.

What are some examples of trademark infringement on eBay?

Some of the most common examples of trademark infringement on eBay include: Unauthorized copies of media, such as audio or video files Products with a trademark that were not made by the trademark owner Unauthorized use of text or images in a listing that the member does not own Trademark owners can report listings that include:

What does it mean to be infringing on copyright on eBay?

eBay’s Copyright Violation Policy. According to eBay, “Potentially infringing items may be in violation of certain copyrights, trademarks, or other intellectual property rights. So some items are not allowed (even though they may be legal) because they often violate copyright or trademark laws.

Is it illegal to use someone’s logo on eBay?

Using someone’s logo without permission is a violation of trademark laws and can be misleading for buyers. Creating a logo that’s similar to someone else’s can also be a trademark infringement.

Can a trademark claim be filed on eBay?

eBay has developed a comprehensive trademark and copyright claims policy. As eBay itself states on its site, they aren’t experts in intellectual property rights, so there is always the possibility that you may have a listing removed, or a claim filed against you, even if you do have the rights to sell those products on eBay.