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I just got caught selling "replica" shirts!

Discussion in 'Ebay' started by jumbo1, Aug 21, 2014.

  1. jumbo1

    jumbo1 Junior Member

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    Hi there,

    It just happened today. I've been selling UNBRANDED soccer shirts that are replica of some brands like Adidas.
    I received today an email from Vero, and they pulled down 6 of my listings (5 auctions and 1 BIN). They also suggested I contact Adidas, which I did, stating that the shirts I was selling were unbranded and didn't have any mention of Adidas.

    So do you guys think this kind of products really qualifies as counterfeit??

    BTW there are TONS of replicas out there on eBay that look EXACTLY as the original shirts, and the ones I am selling are obviously not as good as them, so I don't see how they could infringe on the brand company's rights.

    On another note, what are the chances they will sue me? I only sold 30 of these jerseys, making about $5 in profit for each. I was selling them at a low price, because that's what they're really worth.
     
  2. SnoopyDrew

    SnoopyDrew Senior Member

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    you're going to prison for the rest of your life
     
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  3. jumbo1

    jumbo1 Junior Member

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    That's reassuring :)
    At least I won't have to worry paying for bills and rent anymore :)
     
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  4. battletross

    battletross Junior Member

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    Just take your listings down and move on. They'll flex their muscles to make you go away and move on to the next guy. Nothing more will likely come of it.
     
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  5. BassTrackerBoats

    BassTrackerBoats Moderator Staff Member Moderator Jr. VIP

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    You have nothing to worry about. BTW, sounds like you are someone's competition out there.
     
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  6. justanotherkid

    justanotherkid Newbie

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    I don't think you really pose a threat from the few you sold, but you should take your replicas and run before they decide to make an example of you. And are they exact replicas? even small differences can differentiate replicas from knockoffs
     
  7. jumbo1

    jumbo1 Junior Member

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    No, they're not exact replicas. They don't have the Adidas logo to start with, they don't have the Climacool tag (which is also an Adidas trademark), from a design perspective they look close but not as perfect. They're made of a cheaper fabric (it really shows from the images) and are of lesser quality. They're really commercial imitations, and it's clear to anyone.

    I didn't mention the word "replica" nor "adidas". I clearly stated they're unbranded.

    When I was sourcing soccer jerseys made in China, I was offered exact replicas by many suppliers. I knew this was going to be a lot of trouble, and I didn't want to get into that. I settled for the lesser quality that didn't have any brand logo, and thought this was enough to avoid the legal problem. But it doesn't look so.
     
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  8. GreenGoblin

    GreenGoblin BANNED BANNED

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    If your not using there trademark anywhere in the listing and your not using it anywhere on the actual product your fine. I sold replicas for 3-5 years, my GF is a trademark attorney
     
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  9. jumbo1

    jumbo1 Junior Member

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    You mean a competitor reported me?
    I'm not sure, because eBay's message clearly stated it's the rights owner that reported me as a violator of their trademark.

    I still don't understand why they would consider these jerseys to be counterfeits if they don't bear their brand logo...
     
  10. Ming the Merciless

    Ming the Merciless Jr. VIP Jr. VIP Premium Member

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    Make 10 stealth accounts and scale up. When one account gets shot down you still have others running. My first money online was on eBay running multiple stealths.
     
  11. jumbo1

    jumbo1 Junior Member

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    Really?
    So do you think I can counter their decision?

    Anyway, I'll be waiting for Adidas' reply to my email. I hope they can explain to me exactly what it is in my products that violates their rights...
     
  12. yorktownfashion

    yorktownfashion Regular Member

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    Becareful,your paypal account will be banned as well.
     
  13. jumbo1

    jumbo1 Junior Member

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    That's not the point. I really don't want to be involved in counterfeiting.

    I didn't mean to sell counterfeits. I didn't consider these items to be counterfeits in the first place.

    If I indeed wanted to sell fake replicas, I would have sold them for $50 or more like many people are doing on eBay (and making 400% in profit). But I was selling these at less than half that price. I am trying to build a serious and legit business. My intention is not to make millions by scamming people into buying replicas at original prices.
     
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  14. jumbo1

    jumbo1 Junior Member

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    So far, it doesn't seem like eBay wants to ban me. My other listings are still up and I still have full access to my account.

    Can Paypal ban me before eBay decides to do the same?
     
  15. Izzma

    Izzma Regular Member

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    I believe the main issue here is trademark infringement. You have yet to answer if you use their "brand" on what your selling. I assume you do and this is why they are after you.

    If their brand is a registered TM and they know you are using their mark, emailing them is pointless. They will just want your domain and/or any business/traffic you have generated with their mark.

    My advice would be to move on to another niche mate :)
     
  16. jumbo1

    jumbo1 Junior Member

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    Again, NO, I did not use their brand name ANYWHERE.

    It's not on the product, not in the listing, not even any allusion to it.

    I can post a sample picture of my products if this doesn't go against the forum's rules. Or I can PM it to you.
     
  17. madoctopus

    madoctopus Supreme Member

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    ^That! The actual t-shirt is not a trademark or registered mark. The logo and brand name is. So unless you have the logo or brand name or some other TM or (R) mark there is nothing Adidas or anybody can do.
     
  18. jumbo1

    jumbo1 Junior Member

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    Ok, here's a picture of one of the items that I was selling up on eBay.

    You can see there is no mention of the Adidas brand anywhere, not even on the collar tag.

    As I'm writing this, one thing comes to my mind: are the 3 stripes on the shoulders and on the shorts considered to be Adidas TM ??

    argentina1.jpg
     
    Last edited: Aug 21, 2014
  19. Izzma

    Izzma Regular Member

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    Anything they consider to be confusingly similar they will go after. It could be as simple as that. But trust me on this, if they are actively protecting their mark, they will do whatever they can to stop you, unless you challenge them.

    Wait and see what they have to say since you emailed them, then take it from there.
     
  20. jumbo1

    jumbo1 Junior Member

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    The last thing I want to do is challenge them.

    I will wait for their reply. If they ever do reply.

    Btw the Adidas VERO account is operated by a third party company called Brand Solutions, headquartered in the UK. Not sure these guys will care to reply to my email.