eBay

arsanche-9 · ‎06-19-2018

My question is is ok to sell a replica of a product and mention that it's indeed a replica. I've seen a lot of fake stuff on eBay, I even bought a Casio watch that was claimed to be real but it's actually fake but eBay has done nothing to stop this and therefore it's ok to sell but mention its fake.

phono_0490xxxxxx · ‎06-20-2018

@myangelandmyprincess wrote:
Group that I'm in that has clothes they sell calls them designer inspired but scammers like to use those words to sell outright fakes too so just not really a good word there either I guess.

/sigh... and adds to list.

9, 'Designer Inspired'

10. 'In the hand of'

11. ' after [insert artist/designer/school/period name]'

Hi, @myangelandmyprincess 🙂

I think you would agree it comes down to a basic test: Is this calculated to deceive ?

Yes?

myangelandmyprincess · ‎06-20-2018

@phono_0490xxxxxx wrote:
@myangelandmyprincess wrote:
Group that I'm in that has clothes they sell calls them designer inspired but scammers like to use those words to sell outright fakes too so just not really a good word there either I guess.

/sigh... and adds to list.
9, 'Designer Inspired'
10. 'In the hand of'
11. ' after [insert artist/designer/school/period name]'

Hi, @myangelandmyprincess 🙂
I think you would agree it comes down to a basic test: Is this calculated to deceive ?
Yes?

No it comes down to if any of the copyrighted or trademarked images, names, logos, designs, etc are used. There are many designer inspired items that are legal because they don't use any of these things. They inspired be the name brand but not ripping off any of its protected designs. Same style and look but a different brand and company.

“Birth certificates show that you were born. Death certificates show that you died. Photographs show that you have lived.” -Unknown

fazzaz · ‎06-20-2018

There's another element (beyond trademark, copyright, and patent) that matters in this area. "Trade Dress," to oversimplify a bit, is the distinctive design, look and feel of a product and/or its packaging. It's not against the law as such to copy a product's trade dress, but you can be sued in civil court for doing so, and it can cost you a lot if you lose.

I've testifed in depositions in two trade dress suits and learned that if you've copied the distinctive look of a well-known product, even if you don't use their name or label, that could be a difficult (and expensive) lawsuit to defend. If you lose damages can be substantial.

myangelandmyprincess · ‎06-20-2018

@fazzaz wrote:
There's another element (beyond trademark, copyright, and patent) that matters in this area. "Trade Dress," to oversimplify a bit, is the distinctive design, look and feel of a product and/or its packaging. It's not against the law as such to copy a product's trade dress, but you can be sued in civil court for doing so, and it can cost you a lot if you lose.

I've testifed in depositions in two trade dress suits and learned that if you've copied the distinctive look of a well-known product, even if you don't use their name or label, that could be a difficult (and expensive) lawsuit to defend. If you lose damages can be substantial.

You'd have to have a fairly large sized business selling and taking money for the company to notice and sue. It would also have to be similar enough to be valid that it's taking money from the company because it looks so much like the real thing. I know someone who got sued for such too but he was taking business from the original maker and he was selling nationally for less cost.

But what I was saying is it's not illegal and it not. The group I'm in its similar styles but not the same material.

“Birth certificates show that you were born. Death certificates show that you died. Photographs show that you have lived.” -Unknown

creoleorchid · ‎06-20-2018

Example:

You can sell a 6" high replica of the Statue of Liberty.

You cannot sell a replica Chanel handbag.

phono_0490xxxxxx · ‎06-20-2018

@myangelandmyprincess wrote:
@phono_0490xxxxxx wrote:
@myangelandmyprincess wrote:
Group that I'm in that has clothes they sell calls them designer inspired but scammers like to use those words to sell outright fakes too so just not really a good word there either I guess.

/sigh... and adds to list.
9, 'Designer Inspired'
10. 'In the hand of'
11. ' after [insert artist/designer/school/period name]'

Hi, @myangelandmyprincess 🙂
I think you would agree it comes down to a basic test: Is this calculated to deceive ?
Yes?
No it comes down to ...

12. 'phony'

Well, thats why I suggest it can be more than just (C) and (TM), being the basis for VeRO offences... and comes down to 'principal' argument sometimes.

And you do acknowledge that scammers use that term outside your definition.

What we need to remember is that 'fakes' appear in all consumer goods categories, and the consequences can be of significant loss.

[Have a go at that fake US silver $1 - they sell for $1.25 via a China site... and that is a fake]

[Anyone who knows electronic components will tell you Toshiba semi-conductors are mostly fake]

But, fundamentally, why does a buyer feel wronged, if not scammed.

Apply the basic test: Is this calculated to deceive ?

myangelandmyprincess · ‎06-20-2018

@myangelandmyprincess wrote:
@fazzaz wrote:
There's another element (beyond trademark, copyright, and patent) that matters in this area. "Trade Dress," to oversimplify a bit, is the distinctive design, look and feel of a product and/or its packaging. It's not against the law as such to copy a product's trade dress, but you can be sued in civil court for doing so, and it can cost you a lot if you lose.

I've testifed in depositions in two trade dress suits and learned that if you've copied the distinctive look of a well-known product, even if you don't use their name or label, that could be a difficult (and expensive) lawsuit to defend. If you lose damages can be substantial.
You'd have to have a fairly large sized business selling and taking money for the company to notice and sue. It would also have to be similar enough to be valid that it's taking money from the company because it looks so much like the real thing. I know someone who got sued for such too but he was taking business from the original maker and he was selling nationally for less cost.

But what I was saying is it's not illegal and it not. The group I'm in its similar styles but not the same material.

There would need to be intent and damages and the sell of the inspired goods would need to be the cause of the damage basically

“Birth certificates show that you were born. Death certificates show that you died. Photographs show that you have lived.” -Unknown

futuretomorrow · ‎06-20-2018

I suspect...

1. They don't act for the same reason DHGate or Aliexpress doesn't act. How many legitimate goods would be left on the market if they did?

I could be wrong, but it's possible you greatly underestimate how many fake goods are on eBay, even with the VERO program (it's a joke).

#FACTS...

2. No disrespect to Filipinos, I dated two of them, but if these are the people you're telling me are responsible for viewing and acting on fake listings then you're holding your breath in vain. People who prefer to live a "basic" and/or "simple life" are not exposed to luxury or even higher-end retail items and cannot properly assess their authenticity because they are not around those goods in high enough frequency, or at all.

The truth has few friends but many enemies.
No one is perfect, though a mirror and the right clothes may make some think otherwise.

futuretomorrow · ‎06-20-2018

"That makes me wonder if the report goes to AI bot that doesn't really take an objective view, instead just looks for key words to trigger de-listing."

That's a very interesting hypothesis if I may say so. That would explain a LOT but see my last response what I think the real problems are.

The truth has few friends but many enemies.
No one is perfect, though a mirror and the right clothes may make some think otherwise.

ed8108 · ‎06-20-2018

@castlemagicmemories wrote:
I have heard of listings being removed for using the word, Replica.

Just came across a listing with replica in the title, today

cooltronix · ‎06-20-2018

@ed8108 wrote:
Just came across a listing with replica in the title, today

Seems common with jerseys, I thought it's only small sellers with fake location. I was wrong:

https://www.ebay.com/itm/302214899697

I wonder how that can be allowed?

Test your eBay search rank: https://ranktool.bid

castlemagicmemories · ‎06-20-2018

@ed8108 wrote:
@castlemagicmemories wrote:
I have heard of listings being removed for using the word, Replica.
Just came across a listing with replica in the title, today

Ed, it's like with other listings that are removed~not all of them are removed.

But some have been.

pjcdn2005 · ‎06-21-2018

@cooltronix wrote:
@ed8108 wrote:
Just came across a listing with replica in the title, today
Seems common with jerseys, I thought it's only small sellers with fake location. I was wrong:

https://www.ebay.com/itm/302214899697

I wonder how that can be allowed?

Why would it not be allowed? Those are jerseys made by Adidas that look like NBA team jerseys. They aren’t jerseys that the teams would actually wear which is why they are replicas. As long as the NBA has given Adidas permission to use the logos etc. it is perfectly legitimate to sell these.

If these weren’t really made by Adidas but are advertised as Adidas jerseys, then they would be illegal to sell on eBay or anywhere else.

the*dog*ate*my*tablecloth · ‎06-21-2018

This is the kind of Official Replicas I was talking about. They sell them at sporting goods stores, they're made by the uniform company. They should be legal to sell, even though they're replicas.

It is not the same thing as counterfeit where the item is made to look like the original by some other company without permission of the rights holders.

In fashion, if someone copied the Kate Spade boxy bag with generic hardware it would be a knock off. If they added fake Kate Spade hardware and logos it would be counterfeit. The counterfeit bag would be illegal to sell but the knock off would be ok even though I have moral objections to it.