Swarovski Vero Violations Coming in September 2021

[ci1000]

You will no longer be able to use the word “Swarovski” or “Austrian Crystal” in any of your listings according to the new parameters issued by Swarovski.  Effective in September of 2021 they will no longer accept qualifiers such as “embellished with” or “handmade with.”

This basically destroys all handcrafted jewelry made with Swarovski crystals.  Not sure what this does to genuine vintage jewelry.

Anyone have a clue how to deal with this?

[coolections]

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@ci1000 wrote:

Anyone have a clue how to deal with this?

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About the only thing you can do is stop using Swarovski crystals to remake an item that Swarovski already made and naming it you own.

[ci1000]

I make my own custom designs and I use Swarovski crystals.   I do not REMAKE ANY Swarovski designs.  Obviously you do not have a clue what I am talking about here!!!!

[tdumonde2014]

I think that Swarovski will claim that you are creating confusion for buyers when using their name in your creation, buyers might believe that they are purchasing a piece of jewelry from them. However, could not find a trademark for "Austrian Crystal". It seems that everyone and their mother uses the term. It will take a number of Vero challenges to see if their claim holds up. Good luck.

[releasethekraken_1]

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@ci1000 wrote:

You will no longer be able to use the word “Swarovski” or “Austrian Crystal” in any of your listings according to the new parameters issued by Swarovski.  Effective in September of 2021 they will no longer accept qualifiers such as “embellished with” or “handmade with.”

This basically destroys all handcrafted jewelry made with Swarovski crystals.  Not sure what this does to genuine vintage jewelry.

Anyone have a clue how to deal with this?

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Yes, you and every other seller who’s affected by this needs to file a counter-notice as soon as the first one of your listings is pulled. Other companies (e.g. Disney, the NFL) have tried this nonsense and gotten spanked.

[nobody*s_perfect]

Indeed, this edict is in direct conflict with the principles of First Sale doctrine. In the past eBay help pages even had specific rules about how to described items that were "made with" trademarked materials in order to avoid confusion about the item's origins. My hero in this department is Tabberone -- she has made even Disney back down!

https://www.bonalaw.com/first-sale-doctrine-in-trademark-and-copyright-law.html

http://www.tabberone.com/Trademarks/trademarks.shtml

[katzrul15]

We have holiday items and ornaments that are currently listed with Swarovski in the title and description, because they are.  Do you have a link to what you are referencing that applies 9/1?  Had not heard this at all....it will not just affect jewelry, etc 

Thanks in advance.

[hurryagain]

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@ci1000 wrote:

You will no longer be able to use the word “Swarovski” or “Austrian Crystal” in any of your listings according to the new parameters issued by Swarovski.  Effective in September of 2021 they will no longer accept qualifiers such as “embellished with” or “handmade with.”

This basically destroys all handcrafted jewelry made with Swarovski crystals.  Not sure what this does to genuine vintage jewelry.

Anyone have a clue how to deal with this?

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@ci1000 

If all of the above advise fails, all who use Swarovski crystals in their products should stop using them and use alternatives instead and sell them for a lower price.  Maybe that would put a kink in Swarovski's undies and make them think twice about them not allowing those who use their products not use the identifying type of crystal it is.

I use crystals but not Swarovski crystals and do not use any trademark name or country and I do very well without their name or their product.

Yes, their crystals are pretty but for the price...I will continue using what I do and do just fine without them.  My prices are not that much different than yours.

And I also agree very much with @releasethekraken_1 

Unless Swarovski owns Austria and/or own the rights to every single crystal manufactured in that country...I cannot imagine them having that level of rights...but then again...maybe they DO own that country or at least that country's politicians...but that is for yet another story...

[wastingtime101]

I searched after reading the OP's post.

Swarovski branded crystals are sold loose - they are easily accessible and available for purchase. Popular with crafters and others. This page that outlined how makers could and could not use the Swarovski name when selling things made with Swarovski product has been removed from the Swarovski website.

I found a lot of information about this Swarovski "branding control" move happening in September, but I don't know if I can post the links since a lot of the info is posted on websites that sell beads. I don't want to be accused of encouraging off-eBay sales when my only goal was to post a news source.

[ci1000]

I encourage everyone who is concerned about this to research "branding control" by Swarovski.  It is a reality but there is not much coming from Swarovski at this point in time.  There is a lot of information from Swarovski from their past positions on the subject.

Most of the sites that are offering information are sites that sell Swarovski beads and as a result of these monumental changes are being forced to change the way they do business.

Thanks nobody*s_perfect for the helpful information and links!

[chapeau-noir]

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@coolections wrote:

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@ci1000 wrote:

Anyone have a clue how to deal with this?

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About the only thing you can do is stop using Swarovski crystals to remake an item that Swarovski already made and naming it you own.

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LOL - man are YOU off.

[this*old*attic]

There was an interesting VERO kerfuffle many years ago - like, 20 or more.

Real World Store opened named Mid Century Modern and went crazy getting all the MCM listings pulled down. It was handled quickly in the end, but sheesh.

No one at EBay realized this was tantamount to claiming the rights to the word "shoe?"

[chapeau-noir]

I remember when I was a hat seller bending over backwards to avoid The Red Hat Society (which I disliked to begin with mostly because of all of their little 'rules' about something that was all about NO rules, even though they did encourage wearing hats).  They'd jump on something as simple as "red hat" (as opposed to "blue hat" or "green hat") and try to get your listing pulled, never mind trying to parse people's titles, evidently deciding that they could VERO grammar. 🙄

[ci1000]

Not sure of the date on this but it does not deal with the current changes.  These were the basic rules prior to the current changes.

https://cdn.shopify.com/s/files/1/1453/2438/files/Swarovski-written-guidelines-certificate-jewellery...

[chapeau-noir]

OK, on these older rules I see is that Swarovski can't be used without the ®  designation, which has to be used at least once in any contiguous text.

So many people use Swarovski (ok ®) in creating so many different things that I think it would be difficult for them to ban the use of their name in proper designations, or they'd end up banning all kinds of end products.

11. Use the Swarovski® trademark only as an ingredient brand, not as the brand for the finished goods.

and:

It must be made clear who is the producer and/or marketer of the finished goods, and there must be no potential for
confusion or misunderstanding that these goods are manufactured or marketed or sponsored or endorsed by Swarovski

I handle stuff made with Swarovski crystals but just from time to time. 

ETA:  Oops - they add value to the item.