Intellectual Property Law

Intellectual Property Law Questions? Ask a Lawyer

Ask a Lawyer,
Get an Answer ASAP!

Intellectual Property Law
This answer was rated:

I had a pair of Bulgari earrings listed on eBay. There are

I had a pair of...
I had a pair of Bulgari earrings listed on eBay. There are literally thousands on there. A bidder stated "they were fake because they are 14k gold. He contacted someone who in turn had my listing removed. The strange thing is I contacted Bulgari and was told Bulgari has absolutely nothing to do with eBay. No emails - nothing! So how can eBay get an email in from Bulgari? I asked the lady at Bulgari if she would sent me an email stating they have absolutely no contact with eBay but she refused stating that is against policy. She said Bulgari has no control over anything that has been sold. EBay stated I violated the Verified Owners Right Program. How can this be when Bulgari has nothing to do with eBay? This makes absolutely no sense to me at all.
Show More
Show Less
Ask Your Own Intellectual Property Law Question
Answered in 2 minutes by:
8/20/2013
BH
BH, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 313
Experience: IP and Entertainment Attorney
Verified

bridgeth :

Generally companies like eBay have strict take down policies. It is likely that Bulgari had nothing to do with the fact that your listing was removed and it was removed simply on the basis of the bidder's complaint

bridgeth :

Give me a minute and I will review eBay's user policy.

bridgeth :

Ebay reserves the right to remove a listing for any reason - whether or not a violation was reported. However, it is more likely that the listing was flagged for some reason. I found this site which might be helpful to you: http://pages.ebay.com/help/sell/questions/listing-ended.html

bridgeth :

Remember that when you are using ebay they have the right to do virtually anything as long as it is legal and it is covered by their User Agreement. So although Bulgari likely did not contact ebay or claim that the item was fake, eBay is still within its rights to remove your listing. Your best bet is to read the email that they sent you and resolve the issue with ebay directly.

bridgeth :

Let me know if I have sufficiently answered your question.

Customer:

I was told the listing was removed by the owner which is Bulgari. That you need to get permission to list certain items. I am the owner because I own them. If that was the case then anything with a "name" could be removed at anytime. They are totally sticking to it. They have no idea if in fact they are genuine or not.

bridgeth :

Well you are correct that you are the owner in the sense that you own the item and have the right to resell it under the first sale doctrine. However, they would be the copyright and trademark owner.

Customer:

Have you heard of an email starting with BulgariCOPS?

bridgeth :

Regardless of whether or not Bulgari actually contacted them to indicate that the item was fake is somewhat irrelevant because of the fact that ebay can remove your listing for any reason at their discretion.

bridgeth :

No, I have not.

Customer:

But again, Bulgari has nothing to do with eBay - no association whatsoever. That is who I have to contact. The last part is sipi.in

Customer:

So how do they receive an email from Bulgari when Bulgari has no contact with them? See what is confusing to me?

bridgeth :

When they say that they are not associated with eBay does not mean that they do not contact them to enforce their copyrights/trademarks. They may just mean that they are not associated companies.

bridgeth :

Generally big companies that have problems with knock-offs use third party companies to do their take down notices. I.e. they will hire a trademark monitoring company to send the notices on their behalf.

bridgeth :

It is more than likely that the woman that you talked to at Bulgari really does not know her company's policy and just knows that they are to say that they are not affiliated with ebay.

bridgeth :

Did you speak with a general customer service person?

Customer:

Several times - they honestly don't care. It honestly doesn't matter if you are right or not - must go by eBay policy. Can you tell I am totally disgusted? :)

Customer:

BotXXXXX XXXXXne - I can no longer list the earrings. Thanks for your help!

bridgeth :

Yes, it is unfortunate if your product is genuine but the botXXXXX XXXXXne is that it is ebay's policies that control.

bridgeth :

You can always try craigslist!

Customer:

I will thank you!

bridgeth :

Best of luck with everything and please rate my service good or better. Thanks!

Customer:

Thank you I will!

BH
BH, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 313
Experience: IP and Entertainment Attorney
Verified
BH and 87 other Intellectual Property Law Specialists are ready to help you
Ask your own question now
Ask BH Your Own Question
BH
BH
BH, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 313
313 Satisfied Customers
Experience: IP and Entertainment Attorney

BH is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Alex Reese

Alex Reese

Lawyer

3,106 satisfied customers

Experienced in intellectual property law

Robert McEwen, Esq.

Robert McEwen, Esq.

Lawyer

859 satisfied customers

Licensed Texas General Practice Attorney

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

561 satisfied customers

I assist my clients with IP questions that arise in their daily course of doing business.

Thomas Swartz

Thomas Swartz

Lawyer

461 satisfied customers

Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.

Ely

Ely

Counselor at Law

455 satisfied customers

Licensed attorney in private practice.

Wilton A. Person

Wilton A. Person

Lawyer

352 satisfied customers

MBA, Experienced and Knowledgeable in Intellectual Property Law

BartEsq

BartEsq

Researcher

192 satisfied customers

Juris Doctor

< Previous | Next >

Related Intellectual Property Law Questions
I recently filed for a trademark that was rejected on the
Hello. I recently filed for a trademark that was rejected on the basis geographically descriptive and ornamental refusal. How can I reply to this to allow my trademark to be accepted? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
980 satisfied customers
I applied for a trademark name (for a certification) a
hello, I applied for a trademark name (for a certification) a couple years ago but the application was abandoned because I didn't follow up timely. now, a person I was collaborating with at the time j… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,261 satisfied customers
Can a Chinese company register a trademark in the United
Can a Chinese company register a trademark in the United States ? If so, what does the Chinese company need.… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am looking for someone to look for a copyright owner to
I am looking for someone to look for a copyright owner to get permission for photos to present in my boook and someone to cite the documents … read more
Kendell Kelly, Esq
Kendell Kelly, Esq
Kendell R Kelly, Esq
Doctoral Degree
588 satisfied customers
I want to obtain copyrights for a group of songs that I will
I want to obtain copyrights for a group of songs that I will be recording and preforming with my band. Do I need to obtain a separate copyright for each song, or can I accomplish the same thing by cop… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,261 satisfied customers
I need someone with copyright, trademark law. I am creating
Hi, I need someone with copyright, trademark law. I am creating posters, political in nature as well as single scene comic strips. They are very patriotic content, images, (e.g. images of Mt. Rushmore… read more
Robert McEwen, Esq.
Robert McEwen, Esq.
Lawyer
Doctoral Degree
859 satisfied customers
I need someone who is familiar with trademark and logos. I
Hi, I need someone who is familiar with trademark and logos. I need to know why a dog jersey of the FC Barcelona Soccer Team is NOT a protected logo. Why is that? if all the research i've done says th… read more
Damien Bosco
Damien Bosco
3,370 satisfied customers
I have a question on registering a trademark for product
I have a question on registering a trademark for product branding. I searched USPTO to make sure my name was clear to use and I applied to register. However, I discovered a business in a consulting se… read more
Thomas Swartz
Thomas Swartz
Lawyer
Juris Doctor
461 satisfied customers
I need help with music things. Copyrights and trademarks. If
I need help with music things. Copyrights and trademarks … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,182 satisfied customers
Trademark Clarification Question: So, I'm getting ready to
Trademark Clarification Question: So, I'm getting ready to start selling product in the next year with a company that I've recently started. I've checked the name, let's call it Lovely Lemons, and I s… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,327 satisfied customers
We are a U.K start up about to make both trademark
Hi We are a U.K start up about to make both trademark applications. My product designer is handling the applications. From my understanding if we apply for the trademark we would need to apply for bot… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I've come up with an idea that I would like to trademark.
Hi. I've come up with an idea that I would like to trademark. How do I go about doing a search and how do I go about trademarking the idea? Thanks.… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,688 satisfied customers
I have a question about trademarking, we received the
Hi I have a question about trademarking, we received the results of our LegalZoom trademark search and want to know if we should proceed with filing the trademark based on the results. … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
980 satisfied customers
I'm actually asking a copyright/trademark question. I am a
Hi...I'm actually asking a copyright/trademark question. I am a writer and small, independent publisher. I wrote a series that was published in 2005, 2006, 2007 and is actively available and selling n… read more
Robert McEwen, Esq.
Robert McEwen, Esq.
Lawyer
Doctoral Degree
859 satisfied customers
I have a trademark on website and the was infringed on by
I have a trademark on website and the was infringed on by another website using the exact same name with just a different extension on the domain . What is my legal recourse in this matter? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
980 satisfied customers
I went through Legal Zoom for copyright and Trademark
Hello, I went through Legal Zoom for copyright and Trademark protection on my patent pending product. The U,S,P.T.O. approved "Life" on my submission for "Life Head Gear". … read more
Robert McEwen, Esq.
Robert McEwen, Esq.
Lawyer
Doctoral Degree
859 satisfied customers
This question concerns trademark/copyright of street
This question concerns trademark/copyright of street photography. Hello. I live in Austin, TX. I have been working on a street photography project in which I shoot recognizable local businesses and si… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,182 satisfied customers
RE: difference between copyright and trademark. "Know your
RE: difference between copyright and trademark. "Know your prospective client" would be a trademark or a service mark correct?… read more
Taylor
Taylor
Attorney
Juris Doctor
214 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x