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Is it allowed to sell unbranded replicas on eBay?

by RameyMash
11 replies
Hi there,

I'm looking into selling replica jerseys, that have the same original jersey design but nothing of the brand trademark (logo, name, or tags, or anything else). Just a totally unbranded jersey, keeping the same underlying team design along with the team logo.

Is it allowed, and legal, to sell such products on eBay (or anywhere else)?
#allowed #ebay #replicas #sell #unbranded
  • Profile picture of the author Kay King
    same underlying team design along with the team logo.
    How can you say "unbranded" and then say the above? The logo IS the trademark.
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  • Profile picture of the author Tsnyder
    The two best sources of information on that question
    would be eBay and your intellectual property attorney.

    Acting on information offered on internet forums regarding
    legal issues is a foolish thing to do... could cost you a ton of
    money if you get it wrong.
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  • Profile picture of the author UnkwnUsr
    You could probably sell it if it truly has no marks that infringe on any trademarks but you wouldn't be able to advertise it as a "replica" because it's really just a jersey at that point.
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    • Profile picture of the author RameyMash
      Originally Posted by UnkwnUsr View Post

      You could probably sell it if it truly has no marks that infringe on any trademarks but you wouldn't be able to advertise it as a "replica" because it's really just a jersey at that point.
      True, I wouldn't sell it as a "replica", but simply as an unbranded jersey for that particular team.

      Originally Posted by Tsnyder View Post

      The two best sources of information on that question
      would be eBay and your intellectual property attorney.

      Acting on information offered on internet forums regarding
      legal issues is a foolish thing to do... could cost you a ton of
      money if you get it wrong.
      You're right I should ask an attorney, but I'd like to take advice from people who might have some experience selling similar products.

      Originally Posted by Kay King View Post

      How can you say "unbranded" and then say the above? The logo IS the trademark.
      It's unbranded from a manufacturer's point of view. Nike, for example, doesn't own the team's logo. This is a different story.
      You can find billions of products that have a certain team's logo: scarves, flags, headbands, balls, pendants, all of them not being licensed by this team, yet they are being sold everywhere and teams look like they're not interested in going after those products. But this is not my problem here. My main concern is not to infringe on the manufacturer's rights. Does the jersey design, in itself, belong to the manufacturer?
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  • Profile picture of the author Randall Magwood
    Seriously, if you have to ask, then i wouldn't sell it. You gotta contact attorneys and ebay and other people to see if it's okay? Don't put your brain through it. Too many ways to make money online. You don't want to get in trouble for life for a few ebay sales. I believe you're better than that, because you're on the Warrior Forum where there's an answer for everything... including the question that you asked above. (hint: answer = read my response again lol)
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    • Profile picture of the author RameyMash
      I already sent emails to some of the brand companies, but I doubt they will ever reply...
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  • Profile picture of the author travlinguy
    If unbranded means unlicensed then the answer is likely NO
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  • Profile picture of the author Bill_Lawrence
    I've seen them sell on Ebay in the past. I seen it happen with Nike Air Jordans. The shoes had all the markings as the original shoe but didn't have the name. If you don't put the name in the title, I believe it would get through and you won't be suspended but if you use the name anywhere in the listing you will be removed immediately.
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  • Profile picture of the author vishwa
    Simple call the ebay support and ask with them. If they allowed you then go with it. Stop wasting your time by searching.
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  • Profile picture of the author miklanderson2
    The unbranded jersey might not infringe upon the manufacturer's trademark, but if it has the team's logo on it, it's infringing on the team's trademark. Whether or not they choose to come after you is an entirely different matter, but I can't see trying to base my business decisions on the hope that a team won't see the items I'm selling and decide to pursue the matter.
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  • Profile picture of the author LABEShops
    Paypal will shut you down for selling anything that hints of trademark infringement or counterfeit goods and with the teams trademarked logo on them, your jersey's would qualify in that category. I know someone they banned for selling wedding gowns that person didn't know were chinese made counterfeits of designer gowns - it wasn't pretty.

    Ebay might not catch it right away, but Paypal probably would and since they are owned by the same company, I wouldn't risk it.
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