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eBay
Auctions – Reference and Guidance Brand Name Misuse (Policy) |
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There have been several lawsuits against online auction companies
for allowing sellers to misuse brand names and trademarks. Infringing a trademark occurs when someone uses another person’s
or company’s trademark or brand identity in a way which is confusing
regarding the source of the goods or services or the relationship between the
seller and the owner of the brand identity or trademark. So what does than mean in practice? Well, for example, this
website is an eBay affiliate so we are entitled to use eBay’s logos, banners etc provided we do not do that in a way
which may confuse visitors into thinking that this is the official eBay site
(take a look at some of the pages on the left for examples). As an eBay seller, you must observe rules about using brand names
in your listings and we recommend you go to the main eBay website help section
for more details (you can get there through our link to eBay) Some examples of item listing descriptions that eBay would
consider misuse of brand names (and this includes internet domain names too)
are:-
Another thing to avoid is using the word “NOT” in an attempt to
fool search engines and therefore buyers into viewing your listing eg using a listing title such as “Designer Shoes – not Gucci”. Of course, there is nothing to stop you from listing a trademark
or brand identity, provided that is genuinely what you’re selling and
provided you are the legitimate owner, agent or affiliate. |
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