Listings removed after the rights owner reported it as counterfeit

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Summary: the_alchemist_australia initiated a discussion about their listings being removed after being reported as counterfeit by the rights owner. veracity99 and other participants *casey* and sandypebbles engaged, but provided no further information or comments on the matter. The conversation lacked substantial content or resolution.

Hi all,

Long time stalker who comes here for information usually as I know there is a lot of reliable advice.

I have had a lot of listings removed due to being counterfeit and sort of at a loss as to how to approach the situation.

I am a jeweller and electroplater so I gold plate items in a variety of metals.

Due to demand I started gold plating Pandora jewellery. Customers asked for the items so I would purchase them from a Pandora retail outlet and gold plate them putting the cost of the plating on top and selling them on eBay.

I know about how bad it is to sell counterfeit items and so I would provide a copy of the original purchase receipt from Pandora to the buyer as well as put it in the listing as well.

So my conundrum being that my listings being called counterfeit seems to be that I gold plate an authentic Pandora item and that then makes it counterfeit?

My listings were clearly explained and never misrepresented as being solid gold etc.. And always a very in depth explanation as to the process. I have many happy buyers and repeat buyers as well. Nothing but praise really.

I have of course contacted the email address given to me by eBay being a non for profit organisation called "React" stating to act on Pandora's behalf but I have not received any replies. I have also contacted Pandora directly at their head office today to try and get more information as to if what I am doing is wrong.

Basically if they are saying I am selling counterfeit items and I have all the receipts to prove I purchased them from a licensed Pandora outlet then are one of the Pandora shops I am buying from selling me fakes? I would highly suspect that is not the case but maybe worth pursuing?

I know there is no way to offer any 'legal advice' on here and I should probably seek that this coming week myself to see where I stand on this matter but what is your take on this.

If I buy an authentic jewellery item and gold plate it then resell it, does that make it counterfeit?

Interested in your views really and thanks for your time as always.

Cheers

the_alchemist_australia

14381 View listings

Posted 8 years ago·Last reply 6 months ago

4 comments

kh_safal

·6 months ago

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Hi everyone,

This topic has been locked because the thread has become a bit dated. If you’d like to keep the conversation going or have additional questions, we encourage you to start a new topic.

Thanks!
eBay moderation

veracity99

·6 months ago

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I know I am coming to this late, but in the USA we have the First Sale Doctrine. The first-sale doctrine (also sometimes referred to as the "right of first sale" or the "first sale rule") is a legal concept that limits the rights of an intellectual property owner to control resale of products embodying its intellectual property.

As for changing the item, that's allowed. Once you purchase their product it is yours. You own it and can resale it as you please. As for the trademark and counterfeit portion that gets tricky.

I had an experience with Louis Vuitton re: a purse I wanted to "shred" and put back together in a shadow box for art. It was the first Louis Vuitton I ever owned and I wasn't going to use it anymore but the sentimental value kept it in my closet.

I contacted Louis Vuitton and asked their permission to do so due to copyright trademark infringement, and due to them not wanting their logos disturbed. I wanted to reassure them I would not shred the logo and I would get their approval on e I was finished.

I received a nice letter back from them explaining unless I had the original receipt to go along with my art they could not allow it because their was no way to prove it was authentic. Because the purse was a gift from my ex, I didn't have a receipt. But I could by a new one, keep the receipt and shred that one. I just couldn't find myself shredding a new Louis Vuitton :).

So the fact you have the receipt to or your items is good enough for Louis Vuitton so it should be good enough for

Pandora and eBay.