topic Re: Trademark Infringements in Selling

Trademark Infringements

joande_9568 — Sat, 02 Jun 2018 05:25:02 GMT

Hi I was just wondering how there are still so many sellers on eBay getting away with trademark infringement? I don't just mean Chinese sellers or strictly replica items. There are few Australian sellers using well known companies logos on their products who seem to be getting away with it.

I was just wondering if they're part of some program where they get permission to use the logos and pay royalties? Or is the some kind of loop hole they are putting in the listing that allows these item to remain undetected?

Re: Trademark Infringements

kopenhagen5 — Sat, 02 Jun 2018 06:36:52 GMT

They may simply be listings not reported yet by the rights owners.

I am sure accounts that tout the laws most likely continue to open other accounts using false details and so on.

Re: Trademark Infringements

tennis_sweetspot — Sat, 02 Jun 2018 07:58:43 GMT

I recon a lot of Brand names want ebay to be a swamp of fake mixed with real otherwise their prices would keep droping on the outside if sellers on ebay all had a good reputation of delivering the real thing.

Re: Trademark Infringements

porcelain_dolls_by_me — Sat, 02 Jun 2018 09:39:48 GMT

EBay will only pursue counterfeit/copyright infringements when a complain is lodged by the copyright owner.

They will not pursue complaints by EBay sellers about listings for counterfeit products, no matter how obvious the situation is.

It is somewhat ironic that EBay does everything possible to side with/protect buyers (at the expense of the seller) , yet do nothing to protect the buyer from being duped into buying fake products.

But then again, we are generally talking about the sacrosanct Chinese sellers who are the maint offenders.

Re: Trademark Infringements

melbourneclearance — Sat, 02 Jun 2018 23:44:59 GMT

Are you talking about counterfeit products using brand name and logo or people selling genuine products using brand name and logo?

If you're talking counterfeit, no one can prove it until the brand owner says so.

If you're talking unauthorised sellers selling genuine products but using the trademarked brand and logo in the listings and pictures, I'm not sure how that goes. I suppose the brand owner can still complain and make them take the listings down. I guess the brand owner can insist that no one but their authorised dealers can claim that what they are selling is genuine. But they will still need to complain to ebay first, and step on a lot of customer toes on the way.

Re: Trademark Infringements

joande_9568 — Sun, 03 Jun 2018 05:00:25 GMT

I'm talking about counterfit items and items that have well known companies logos on them but aren't actually made by the company themself and the people selling them aren't authorised dealers either. This is very common with aftermarket motorcycle parts and accesories. There are sellers with the logos of honda suzuki yamaha and kawasaki on their aftermarket products. There is another australian seller who's store is almost all counterfit dirtbike and mountain bike gear.

Re: Trademark Infringements

melbourneclearance — Sun, 03 Jun 2018 07:07:55 GMT

If you tip off the companies (Honda, Suzuki, etc.), sometimes they will do something about it. Just send them links to the listings or the accounts of the sellers. They may just ask ebay to take all those listings off. It's their reputation after all.

Re: Trademark Infringements

salesba_70 — Thu, 16 Apr 2020 02:58:40 GMT

EBAY ARE THE INFRINGEMENT

I own the Name "Bali Nature: and someone is using my Trademark online at EBAY.

Ebay will not do anything about it so the next step is to take them to court for using my TradeMark.

EBAY is not a good business model anymore. Its just greed.

See you in court EBAY

Re: Trademark Infringements

salesba_70 — Thu, 16 Apr 2020 03:00:00 GMT

NO you are completely wrong.

Somebody in Ebay is using my TradeMark and they will do nothing about it.

My next step is to get this to Court and fine EBAY for the infringement.

Re: Trademark Infringements

lyndal1838 — Thu, 16 Apr 2020 03:08:01 GMT

Ebay is not selling anything.

You need to go after the seller who is using your trademark.

Re: Trademark Infringements

digital*ghost — Thu, 16 Apr 2020 03:29:02 GMT

Have you become a VeRO (Verified Rights Owner program) member and filled out the correct forms?

Just in case, you can do that here: https://pages.ebay.com/seller-center/listing-and-marketing/verified-rights-owner-program.html#m17-1-tb2

More info about your trademark and the products it applies to, the infringing seller's products (I could only find yours on eBay just using Bali Nature as a search term), and eBay's response(s) so far may get better info and advice.