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Copyrighted

Dear eBay community, 

This is a little bit random, but I am a seller on eBay and was wanting to make myself a hat for when I go thrifting. I was wondering if I could use something like this image to put on the hat.

blakester19_0-1681350184729.png

This is only an example, but is this allowed? I know I'm not allowed to use the eBay logo, but can I use the colors? Any help is greatly appreciated. 

 

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Copyrighted

As an Ebay seller, I can't stand the other resellers who I see at stores kind of flaunting that they are there to buy stuff for resale. I've been at this for about 25 years, so I've seen my fair share.

 

Do you know what happens when thrift stores managers, estate sale owners, etc, see resellers? Prices get jacked up. A few years ago, I started selling jeans. I did really good at it. I could buy really great condition jeans for a few bucks and sell them at $35 a pair all day long. Now, every thrift store I go to has those jeans up at 3 to 4 times what they used to be (fortunately I diversify what I sell). Same thing with vintage record albums.

 

Last year, I wanted to buy a tennis racket at an estate sale. Just so my wife and I could play tennis again. It was marked $3, but the lady running the sale had to "double check the price on Ebay" and marked it at $25. At another sale, I bought a piece of Beatles memorabilia for my collection and I had to practically reassure the guy running THAT sale that I wasn't going to resell it. Of course, all those folks want to make money, as well. They may be your buddy, but they also need to turn a profit.

 

So, when you go to thrift stores announcing you are there to resell what you find, it might make you feel good right now, but in the long run, you're hurting yourself and others. Discretion is the better part of valor (or something)

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Copyrighted

 

@athleticavenue There are 2 schools of thought about identifying as a reseller: don't do it (as many here have said), and do it, because it can actually open more sourcing opportunities for you. But you didn't ask about that, you asked about hats, so I'll just repeat: you can buy 'em on ebay:

 

s-l1600 (93).jpg

 

Message 17 of 34
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Copyrighted

Do you think you're going to get arrested at some thrift store for wearing a hat?

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Copyrighted


@athleticavenue wrote:

Dear eBay community, 

This is a little bit random, but I am a seller on eBay and was wanting to make myself a hat for when I go thrifting. I was wondering if I could use something like this image to put on the hat.

blakester19_0-1681350184729.png

This is only an example, but is this allowed? I know I'm not allowed to use the eBay logo, but can I use the colors? Any help is greatly appreciated. 

 


 

eBay is not the only company to use these colors. Google and Microsoft also use the same set of 4 colors (red, blue, yellow, green) in their logos.

 

So I don't think you will have a problem just because of the colors.

 

As far as the colors go,  you example appears to be using the same set of colors as NBC, and the old rainbow-striped Apple logo, including orange and green.

 

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Copyrighted

As others have said, even if the colors / fonts are copyright/trademarked, which I doubt, there is no problem with what you want to make if you make it strictly for your own use and not to make money.

 

As others have also said, I question the wisdom of doing it at all if the idea is to wear it at shops and sales to draw attention to the fact that you're buying to resell on eBay.  And if you do want to do that, just buy a hat with the eBay logo.

 

-

 

 

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@chapeau-noir wrote:

You can do pretty much what you want for yourself - the intellectual copyright kicks in when/if you try to start selling them.


Almost but not quite true. Trademark rights can be implicated when you use a mark as an identifier of the source of goods or services. So if I put "ebay consignments" with their logo on the side of my truck and drive around offering to resell other people's stuff on eBay for them, eBay could rightfully object even though I am not selling the truck.

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@soh.maryl wrote:

...  Back to the "some stores don't like resellers":  Can anyone explain that to me in a logical way?  Have been trying for years to understand why it matters what any buyer does with his purchase after it's paid for.  


I can tell you only that I have friends who volunteer in a couple of different charity thrift shops and it's the behavior  of some resellers that has put them off: 

 

Some resellers try to "own" the front door, so they can be sure to be the first in at the moment it's unlocked.  In one case, an elderly person who was just there to shop for himself was literally elbowed aside and nearly knocked over.  In another case, at a church-run shop, two resellers were loudly cursing at each other over who was there first, using language the volunteers considered blasphemous.

 

Once inside, some resellers just scoop everything off a table or display, then sort through it later and toss their rejects back willy-nilly.

 

At least one of the shops really does try to be a pretty little store where people on limited incomes can shop with pleasure for what they need, and it bothers the volunteers that resellers leave only the dregs.

 

I could go on with other stories they've told me, but you get the idea.  This is certainly NOT standard reseller conduct, but it only takes a couple of such incidents to sour the shops and the other customers on resellers in general.

 

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Message 22 of 34
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Copyrighted

An Ebay hat for thrifting? OK. Yes, you can put any logo on anything you want you just cannot sell it. Have you thought about a tattoo? It might be a better idea.

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@djvp53 wrote:

@chapeau-noir wrote:

You can do pretty much what you want for yourself - the intellectual copyright kicks in when/if you try to start selling them.


Almost but not quite true. Trademark rights can be implicated when you use a mark as an identifier of the source of goods or services. So if I put "ebay consignments" with their logo on the side of my truck and drive around offering to resell other people's stuff on eBay for them, eBay could rightfully object even though I am not selling the truck.


Yes - that's public use of a logo in the service of sales and denotes company representation, which gets into the realm of 'selling something'. 


“The illegal we do immediately, the unconstitutional takes a little longer.” - Henry Kissinger

"Wherever law ends, tyranny begins" -John Locke
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Copyrighted

Have gone to quite a few church-run rummage sales etc in my time and I am pretty sure rude behavior is NOT restricted to resellers.  

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If you're going to be a full time seller on eBay, this logo will be safe for you to use on your hat. Please make one for me too.Untitled.png

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@soh.maryl wrote:

Have gone to quite a few church-run rummage sales etc in my time and I am pretty sure rude behavior is NOT restricted to resellers.  


Oh, I agree.  And, as I said, I think it's uncommon among resellers.  But rude resellers do seem to really tick off people.  Or maybe it's just the people I know who find them extra-annoying.   I'd say it's a feeling that it's bad enough to have to put up with any rudeness, but to put up with it in order to help someone make money is galling. 

 

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Message 27 of 34
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Copyrighted

If your worried about the colors, switch the order. But seriously,  nobody is going to point at you and scream out "Hey, those are eBay's colors"!

 

The font is not the font ebay uses. Wouldn't matter anywa.

 

Your color scheme may scream LGBTQ+123XYZ, unless that's what you want.

Message 28 of 34
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Sounds like the estate sales I used to go to. I stopped about six years ago. People acted like vultures.

Message 29 of 34
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The OP just asked about a logo, not a judgment on whether he should be making the hat to begin with.


“The illegal we do immediately, the unconstitutional takes a little longer.” - Henry Kissinger

"Wherever law ends, tyranny begins" -John Locke
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