Seeking to prevent the sale of goods on eBay
With the power of internet selling growing on a daily basis, increased consideration
needs to be given as to how to prevent unapproved listings on eBay. The options
available will depend on a number of factors including whether the goods being
offered for sale are genuine goods or counterfeit.
There are a number of different considerations that could affect how to proceed in
connection with the sale of goods on eBay and each case will have to be assessed on
a case by case basis. It will also be important to consider the desired end result, e.g.
whether the intention is simply to stop the sale of goods on eBay or to additionally
seek financial compensation.
If the aim is just to stop the sale of the goods, then the Verified Rights Owner (VeRO) process provided by eBay will be the quickest and cheapest way of preventing such use. If the additional aim is to seek financial compensation from the sellers, then consideration should be given as to whether to also issue proceedings for trade mark infringement/passing off. It can be anticipated that the costs of issuing such proceedings would be far higher than filing a VeRO application.
One other option available would be to consider whether it might be worth seeking
to enter into some form of agreement with any of the eBay sellers, especially some
of the larger shops. This could be a chance to give consideration as to whether any
licensing opportunities are available which would enable the controlled use of the
relevant trade marks and the generation of revenue.
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