Does buying from Alibaba and resale on eBay mean sale illegal copies?

[super-simple-life]

Hi , 

Today I received a email saying I am selling illegal copies. There are many seller are selling the same product and I am buying it directly from the manufuctor. 

There are so many item with some kind of logo or trademark in it. I believe most of them are import them from Alibaba and resale in eBay? Does it mean all of them are illegal?

I have post what is in my message below. What should I do?

Thank you

"You are currently advertising and offering for sale illegal copies of our brand. You are to cease immediately or legal action will be taken against you for trademark and copyright infringement. We expect that within the next 24 hours all offending material will be removed, or legal proceedings will be initiated."

[digital*ghost]

This is probably the most simple way I can put it.

I can buy some fabric, make a bag, and put a Prada logo on it, but that won't make it a Prada bag, that makes it a fake, which is illegal.

There are a lot of fake items like that manufactured in China and sold on Alibaba, so if something wasn't made by the actual brand, properly licensed or authorised, it's illegal to both own and sell it (this applies to trademarked logos and characters as well, eg there's a lot of stuff with Disney characters on them, but they're not licensed so they are illegal).

Penalties can be very high for selling fake stuff, so I would suggest that if there is any doubt about the authenticity of your items, you stop selling them. 

[super-simple-life]

If that is the case, what should I do with my 1000+ items? How can that many thing seem to be illegal still selling on eBay? I do not know is it fake or not, because it is just $10 each thingy.

[lyndal1838]

Who sent you the email?   You have to know what items the email is referring to in order to remove them.

[clarry100]

Unless you can come up with irrefutable evidence that the 1000+ items you currently possess are genuine then you have to accept they are indeed fakes and will be in breach of copywright and IP laws to own or sell.
The right thing to do now is to remove them from sale and destroy them. This research should have been done before you bought your 1000+ items really.
The Chinese are the world kings of copies of anything and everything if there is a dollar in it. You only have to visit China to see all the HONWA and YAMAWA motor cycles on their streets to gather this.
Just because there are many people selling these items does not make them legal.

[twyngwyn]

Who sent the email? Is it legit? Maybe a competitor has sent it......the list goes on.....check bonafides before doing anything!

[jellybirddesigns]

Which "brand" are they referring to - you have lots of things in your shop.

I'm surprised the message doesn't clarify which items they want you to remove, but it is entirely possible that it is from a competitor.

I think that if it is genuine, only the offending listings will be removed - trying to relist them will result in problems (like a shutdown of the store).

I sell on another site and people are specifically forbidden from selling anything that is trademarked, copyrighted etc. 

However, only the trademark holder can notify the online platform of any issues and this results in a takedown of the offending listing once verified.

For example, many people there sell baby "onesies". A "onesie" is trademarked by Gerber and they regularly do a sweep of the platform, which results in takedowns (unless a seller has specific permission from the Gerber company to use their name).

A few years ago I mistakingly made a cushion cover based on a popular video game which had just been released. I had my listing taken down by Ebay, but the rights holder never contacted me - they just advised Ebay who took action. I never repeated THAT mistake.

[go-tazz]

The 5 minute fix  and I presume some of the others are Global Shop Direct items or are from a similar

supplier/seller and they sell them for a lot more than you're selling them for,(they have the trademark rights

and you are breaching that,hence the Email).

If it is those items then you have no option but to take the listings and stop selling them on eBay,(as you

can be sued).

If it's other items then it could be the same scenario,(they have the trademark on those items,which means

yours are regarded as fakes).

All items that are "seen on TV" are trademarked and copyrighted and anyone selling items that they have

accessed from another suppliers are treated as fakes,(even if yours came from the same factory they

are still fakes as you're not allowed to sell them.

They sell the 5 second fix for $39.95 and don't want someone selling it for a lot less.

Buying items from anyone that hasn't got the trademark right is considered being sold/selling fake items.

Maybe reply to the Email and ask them which items are suspect?

[springyzone]

You would need to know exactly what brand they are talking about.

If it turns out they are right and you are in the wrong, you are then left with 1000 items.

It seems odd to me that you can in fact buy that many copies off alibaba without having the right to onsell them.

Common sense should tell them anyone buying that many, it isn't for personal use, so they should have asked to see your licence.

You may have to remove them from ebay but you could set up a stall for a few weeks at different markets and sell some that way. Doubt they would know.

[jellybirddesigns]

Suggest you put your store into vacation mode until you get this sorted out.