NEED HELP ON TRADEMARK ISSUE???

by GiftGallore

Posted: 9 years ago 11 replies

INTERNET MARKETING

Hello
I need someone that knows more than I do on infringement/trademark issues.
Is there anyway to get around them taking down my items? I bought these items to resell.
So I can't walk in to wholly world buy an item then resell it on ebay, etsy, etc??
This is the American Way!!! WTH
Yes I'm venting, So should I leave out one word in my listings??? to not get them removed? People buy sh*t to resell on all the outlets. If you don't know, can you at least point me in the right direction??? I have the right to sell anything I purchase.
Should I not even mention the brand????

#buy #issue #resell #trademark

Jack Hunter 9 years ago

You need to explain instead of rant if you want anybody to be able to help you.

What exactly is the problem?
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GiftGallore 9 years ago

Ok hyper Jack. I went out and searched for items to sell and make money, like millions of others. These are brand name charms (pandora) today I go and look and all where removed my a place I sell them, where everyone sells them. It said something about trademark issue. Question is how to get around this, so they don't take my items down. Yes they are legit charms I purchase locally. I don't know all the legal ways to post without getting it taken down. I guess thats what I would like to learn. And I know there is a way to do this, if someone can point me in the right direction, would greatly appreciated it.
Thanks GG
- Thanks
- 1 reply
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- Kay King 9 years ago
  
  You can resell the items - you cannot use the trademark brand name to advertise the items.
  
  This is the American Way!
  
  Yes, it is is - companies that produce brand names register their trademark so other sellers can't use their trademark. It's not called "trademark protection" for nothing.
  
  If you are selling as an affiliate of a brand, the way in which you can advertise will be clearly spelled out. If you are buying one place to resell another - you may find you will not be able to advertise using the brand name.
  
  That's why you see ads for "brand name items" or "leading brand" by resellers - because they can't use the trademarked brand name in ads.
  
  Thanks
  
  2 replies
  
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  GiftGallore 9 years ago
  
  so I should change the words and images, take my own images
  
  Thanks
  
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  kindsvater 9 years ago
  
  Originally Posted by Kay King
  
  You can resell the items - you cannot use the trademark brand name to advertise the items.
  
  Sorry, but I completely disagree with the post. If you want to sell your Honda Civic you can post an ad to sell your Honda Civic. Not a leading brand of car. If you can't legally refer to the brand name of the product being sold you probably can't legally sell the product.
  
  100 million products right now are available on Ebay to be resold using their names.
  
  Unfortunately, the OP is so intent on venting I cannot decipher what the problem is. An obvious problem on Etsy comes to mind, as that site was mentioned. I'm guessing it has something to do with how the product is postured and appears to be a counterfeit making improper use of a brand name.
  
  Who knows?
  
  Jack asked an intelligent question and the OP vented on him too.
  .
  
  Thanks
  
  1 reply
  
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  GiftGallore 9 years ago
  
  Did you read the post, I clearly stated what the item is:
  These are brand name charms (pandora) today I go and look and all where removed my a place I sell them, where everyone sells them. It said something about trademark issue.
  
  I finally got a response from the REACT that took down the items: It was because I was using unauthorized copy of copyrighted image.
  
  Now I am taking my own pictures and putting my id on them. There is always a way to do things. I just need to know how?
  
  I know this is a seo/marketing forum. I just thought that someone here would be smart enough to point me in the right direction. Or have ran into the same problem. There are many Brand Name (resellable) products online, You just have to know how to do it right. Learning everyday something New!! WHOO HHHOOOOOO
  
  Thanks
  
  2 replies
  
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  Doug 9 years ago
  
  Originally Posted by GiftGallore
  
  I know this is a seo/marketing forum. I just thought that someone here would be smart enough to point me in the right direction.
  
  See, this is why I didn't post in this thread my answer, I'm not smart enough.
  
  Clearly I need help.
  
  I am glad you found your answer going to the source of your problem. Thank you for sharing how things work so those of us (me) not being able to divine the situation can come here for help.
  
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  Steve B 9 years ago
  
  Originally Posted by GiftGallore
  
  It said something about trademark issue.
  
  Could it be that the image(s) you used showed the Pandora trademark? Displaying their trademark may be something that they are not anxious to share with sellers.
  
  Originally Posted by GiftGallore
  
  I finally got a response from the REACT that took down the items: It was because I was using unauthorized copy of copyrighted image.
  
  My understanding is that all images are copyright protected to the creator unless that person assigns, sells or gives up the copyright to the public domain or specifies other usage rights.
  
  You can't just grab images off the Internet and use whatever you like for your own purposes (even though this is a very common practice.) If you're going to take your own photos, I would suggest you not display the Pandora trademark in them.
  
  Originally Posted by GiftGallore
  
  There are many Brand Name (resellable) products online, You just have to know how to do it right.
  
  The only way you'll know what "doing it right" means is to contact the company before you begin selling and see what they have to say. Most vendors will have a policy for affiliates or "terms of use" area on their web site where they tell you what is allowed and what is not.
  
  The best to you,
  
  Steve
  
  Thanks
  
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onSubie

9 years ago

Originally Posted by GiftGallore

If you have a legitimate brand then of course you can mention the brand.

If I advertise "Nike sneakers for sale" it is fine. As long as they are actually Nike sneakers.

If they are Chinese counterfeit "Nike" sneakers then you cannot advertise them or sell them as Nike sneakers, or Coach handbags, or Bose headphones.

It sounds like you are talking about counterfeit goods. They are taking down the listings because you are scamming people.

If you bought your items from a legitimate wholesaler then you should be able to return the overstock.

If you did not buy them from an authorized dealer then you screwed yourself and have nobody else to blame.

Did you buy from a legitimate wholesaler?

Alibaba is not a legitimate wholesaler.

These are counterfeit and will get your listings and possibly account banned on most sales sites:
http://www.aliexpress.com/w/wholesal...ra-charms.html

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1 reply

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Kay King

9 years ago

I completely disagree with the post. If you want to sell your Honda Civic you can post an ad to sell your Honda Civic.

I wasn't thinking of one specific item so perhaps I'm wrong. You would know the laws about this better than I would.

What would happen if I bought 10 brand new Honda Civics from a dealership and then opened a shop a block away and advertised I was selling "new Hondas"...do you think Honda would be OK with that?

My impression is the person bought (wholesale or copies of or whatever) name brand charms and wants to sell them at a profit.

The product name is trademarked - is he allowed to advertise "Pandora charms for sale" in ads and use their photo images and become, in essence, an unapproved 'reseller' or 'retailer' of those products?

Advertising venues are saying "no" - that's how I read this convoluted story.

That said - we are talking ebay where products are offered that are "mis spelled" by one letter deliberately, copy the trademarked packaging but are cheap copies from china, are listed as "US provider" but the "US" only refers to the port they are shipped into....

If ebay said "can't do it" must have been rather blatant. There is something more to this story.

Thanks
1 reply

Signature

Saving one dog will not change the world - but the world changes forever for that one dog

***

Dear April: I don't want any trouble from you.

January was long, February was iffy, March was a freaking dumpster fire.

So sit down, be quiet, and don't touch anything.

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onSubie

9 years ago

Originally Posted by Kay King

My impression is the person bought (wholesale or copies of or whatever) name brand charms and wants to sell them at a profit.

The product name is trademarked - is he allowed to advertise "Pandora charms for sale" in ads and use their photo images and become, in essence, an unapproved 'reseller' or 'retailer' of those products?

From reading the OP it sounds like he did not buy "name brand" charms but instead bought "illegal counterfeit" charms.

If he was an authorised retailer and bought from a legitimate wholesaler then he would be allowed to use the branded marketing material.

I don't think the problem is using the brand in advertising, the problem is using the brand on a fake product.

He has not responded to my post about the source of the product and has not explained why the wholesaler will not take overstock returns.

If you go online and search Google or Alibaba for "Nike shoes wholesale", "Coach purses wholesale" or "Pandora charms wholesale" all you will find are illegal fakes.

Brand name distributers do not sell through Alibaba and do not sell to unauthorized retailers.

And you definitely cannot buy branded merchandise directly from the manufacturer.

You can only buy Pandora charms through an authorized wholesaler. If he bought them anywhere else, then they are fake.

Without more details about how he sourced the product the only conclusion is he is scamming people with fake merchandise and auction/selling websites do not allow that.

P.S. Anyone legit enough to access "real" Pandora charms would not be ranting on WF. They would be working out the problem with their authorized supplier. The very fact he has not done that shows he is not legitimately connected.

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NEED HELP ON TRADEMARK ISSUE???

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