We don't allow these items to be sold on eBay. Brand name misuse You may not use brand names in your listing if the product isn't manufactured by or compatible with that brand.
You may use "compatible with," "fits," or "for" before a brand name if the item you are describing is specifically designed to be compatible with the products of that brand. Logo misuse If you include logos in your listing descriptions, make sure you're authorized to use them. 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.
Warranty Listings that contain a misrepresentation regarding an item's warranty are in violation of trademark laws. Information relating to the warranty of a product is considered material information and should never be misrepresented. You should read the warranty or contact the manufacturer to be sure that the warranty is eligible for a buyer before mentioning it in a listing.
Copyright infringements A copyright is the legal protection given to authors of creative works such as movies, music, software, photographs, and books, both published and unpublished. Copyright protection prevents others from using the work without permission. Image and text Using someone else's image or description without permission could violate copyright laws. If you use text or an image that was created by someone else be sure that you have permission to use the text or image.
Media, software, movies, paintings Selling unauthorized copies of media, software, movies, or paintings violates copyright laws. Unauthorized copies include but aren't limited to backup, pirated, duplicated, or bootlegged copies. Copyright protection prevents others from using creative works without permission. It may also limit the right to distribute the copyrighted product. Design right Europe, Asia, Australia, and New Zealand only Design right applies to the way something looks, the shape and configuration of a product, but not its functionality.
Design rights protect designs from being copied and used by someone else. Patent rights Europe A patent is a specific set of rights granted to inventors, giving them the right to exclude others from making, using, and selling their invention. Patents are registered with each region's patent and trademark office. Parallel imports Some products are intended for sale in a specific market or country. The sale of these products into another country or market could violate trademark or copyright laws.
We strongly encourage our members to educate themselves about the laws of their own country, as well as the countries where they plan to do business. Sellers who continue to violate intellectual property rights may be subject to a range of consequences, from selling restrictions to full suspension from the site. You may see items on eBay that are similar to your listing but haven't been removed. There are a few reasons why this could happen. If you see another listing that you think violates the rights of the owner, please email the rights owner.
If we removed your listing because of a policy violation, we may refund your fees for that listing, depending on the policy you violated and whether you've violated our policies in the past.
If your listing was reported and you believe your listing was removed in error, contact the rights owner directly. The email we sent you about the removal will include the rights owner's contact information. If the rights owner has made a mistake, they should email eBay to retract their report. Counter notices can only be submitted for US-based copyright reports, in compliance with the Digital Millennium Copyright Act.
Find out what information you need to provide when filing a counter notice as outlined under 17 U. Once we receive a valid counter notice, we'll provide a copy of the notice to the VeRO participant and inform them that the listings will be reinstated after 10 business days if they don't inform us that they have filed an action seeking a court order to restrain you from relisting the items. If you wish to file a counter notice, you can contact us.
The rules on what you can report are pretty straight forward. These include replica and counterfeit items, items that infringe on your trademark, copyright or patent, and unauthorized use of the photos or content in your own listings. The VeRO program is focused solely on intellectual property rights. So you cannot report pricing or contract issues outside of intellectual property infringements.
Only the intellectual property owner or its attorney can make a report. They could also be infringing in other forums. This is why we always recommend that our clients have us send a cease and desist letter to the infringer. The common types of IP violations that take place on eBay are trademark, copyright and patent violations.
Trademark infringement is the most common intellectual property violation that takes place on eBay. Trademarks typically protect slogans, logos, names, short phrases and service names. There are a few common errors, though, that you need to avoid. Implying a false relationship is one of the most common forms of trademark infringement that takes place on the eBay platform.
Users will often sell a generic product but include a trademarked name in the listing. This would seem like a helpful practice in order to offer buyers a more affordable option when searching for a product. Even with this being the case, the action is technically infringement. Copyright registration is meant to protect original works of authorship.
This includes books, videos, paintings, music, software and photos. Only intellectual property rights owners can report eBay listings that infringe on their copyright, trademark, or other intellectual property rights. Sellers who are rights owners can learn more about the VeRO program and file a report from the Reporting intellectual property infringements VeRO - opens in new window or tab page.
Members who are not the rights owner can still help by getting in touch with the owner and encouraging them to contact us. Some rights owners who participate in the VeRO Program have created a participant page, so eBay members can find out more about their products and legal positions.
Though not all VeRO participants have a page, those that do can be found at our VeRO participant pages - opens in new window or tab. Sellers who believe their listing or product was removed in error, can learn more about how eBay protects intellectual property VeRO - opens in new window or tab. You might choose to include information about:. If you need help with eBay trademark infringement, you can post your legal need on UpCounsel's marketplace.
UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.
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