Selling knock off Lego figures

[leareamc]

I recently bought a lot of close to a hundred minifigs, all sealed in individual plastic packaging. I thought they were real LEGO minifigs but upon further inspection, turns out they ae knock-offs... many branded as LEBO(lol).  I would never be use the word LEGO in the ad, but could I list these on Ebay as simply building figures, and maybe in the description say something like "Please take note: These ARE NOT made by a popular name brand line"? Would the listing get vero'ed/kicked off and my account be in danger of some sort of suspension no matter how generic I worded things and avoided mentioning the LEGO brand in the listing?

[ebooksdiva · Accepted solution]

The listing would probably be pulled for counterfeit policy violation.  
I wouldn't list them. If the purchase was within the past 30 days I would return them for a refund. Or if you are past the 30 day return window and you paid through PayPal, you have 180 days to file a not as described case. If you didn't use PayPal, but paid with a credit card you can file the same chargeback through them.

[crazystuff4sale]

There's a pretty good chance Lego would do a VeRO report and have them removed. I believe they would be justified in doing that. 

[ten_o_nine]

Just use generic terms in your title and description, refer to the items as "building figures" or "construction toys" without mentioning any specific brand names. Avoid branding references.

[wastingtime101]

LEGO is pretty fierce about getting copycat items taken down with VeRO. As suggested above, do not list them and, if possible, return them to wherever you purchased them.

[leareamc]

I honestly don't see how LEGO can get a listing taken down that doesn't claim they are LEGO or use the name LEGO so part of me want to believe it should be ok to list them, but I am likely not going to even try. Can't take them back, it was a garage sale.

[ebooksdiva]

Because the set you have is a Chinese knockoff of Lego, so yes they can take down the listing. 

[reallynicestamps]

Purchased on eBay?  Open a Not As Described dispute and get your money refunded,

Purchased elsewhere?
Ask the site for a refund. If you can't figure out how, or if they don't offer refunds, go to the credit card you paid with and start a chargeback, again for Not As Described.

Card policies differ, but a 120-180 day window for Claims is the norm.

If you paid with a debit card or gift card, you are out of luck.

Never use a debit or gift card to buy online.

[reallynicestamps]

Because copyright and trademarking are very carefully but generously applied.

The first NAD would draw attention to your listings and could permanently kill your business.

Get your money back and don't buy from those criminals again.

[crazystuff4sale]

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@leareamc wrote:

I honestly don't see how LEGO can get a listing taken down that doesn't claim they are LEGO or use the name LEGO so part of me want to believe it should be ok to list them, but I am likely not going to even try. Can't take them back, it was a garage sale.

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Lego successfully sued a couple Chinese companies for copyright infringement over building blocks that looked like Legos.

  I don't know if they ever sued any individuals selling them though. There have been individuals sued for selling other counterfeit items however so that is a real risk.

[ebooksdiva]

The OP purchased at a garage sale.

[reallynicestamps]

There was a Canadian maker whose pieces fit with Lego who were forced to take them off the market. It was decades ago, and I'm not sure the Canadians even said anything about the fit.
There's also an oversized version that got sued, but they won since while the pieces looked very like, they were also ten times the size and marketed for under threes.

[chapeau-noir]

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@leareamc wrote:

I honestly don't see how LEGO can get a listing taken down that doesn't claim they are LEGO or use the name LEGO so part of me want to believe it should be ok to list them, but I am likely not going to even try. Can't take them back, it was a garage sale.

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@leareamc  Oh, believe me, they can, and they'll do it under the guise of 'brand confusion'. These companies retain vulture lawyers who will come after anyone smaller than they are and try to sue them for the least, smallest suggestion of 'brand confusion', even if it would be impossible. One even sued a local company over naming themselves after the owners' last name.  In this case, however, LEGO would be correct because it is an obvious copy and no one is too small.

You're wise to just leave it alone.

[toysaver]

I've sold them before.  Just avoid Lego in the title and description.  Say they are off brand compatible mini figure building toys.   Sold for play value, not collectible. 

Another option if they're brand new is to give them out at Halloween.  I let kids choose candy or toy and they always go for toy. 

[dbfolks166mt]

      I sell a lot of Lego's and wind up with some of the counterfeit pieces on occasion. I would never consider trying to sell them here or anywhere else as Lego is VERY protective of their brand and products. I simply toss them into a bin and donate them to local schools.