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About Me Page
adidas
eyewear
from
SILHOUETTE
INTERNATIONAL SCHMIED AG (
and
SILHOUETTE
OPTICAL LTD. (
adidas/span>brand eyewear and related products are distributed exclusively by Silhouette
International Schmied AG throughout the
Silhouette Optical sells authentic adidas brand products only through
authorized dealers.Silhouette
Optical is pleased to guarantee all new, genuine adidas products.Silhouette
Optical never sells second-hand, used or damaged products.Products advertised as adidas, but being sold by an individual, or an unknown company on
the internet, rather than an authorized dealer, may be a poor quality
counterfeit.For your protection,
Silhouette Optical recommends that you purchase only from authorized dealers.
/span>
The Silhouette Companies and adidas have worked hard to build their reputation for reliable,
premium quality products.Silhouette
intends to work just as hard to protect consumers and its reputation through
strict enforcement of its intellectual property rights against counterfeiters
and infringers.Silhouette Optical is a
member of the eBay VeRO Plus Program and regularly reviews items on eBay.Those who illegally use the adidas brand name, or other adidas intellectual property, will be
punished.
Silhouette Optical welcomes inquiries about its products or
the existence or sale of counterfeits.
For information about genuine adidas eyewear products, please visit: www.adidas.com/eyewear or
contact Silhouette Optical Ltd. at (518) 272-5500.
For information about Silhouette enforcement activities
for adidas eyewear products, please
contact Robert Hanlon, Esq.,
Alston & Bird LLP at rhanlon@alston.com or (212)
210-9410.
Q: Why was my auction terminated?
A: Silhouette Optical has a good faith belief that
your auction infringes its intellectual property rights.Most likely, your auction was removed from
the eBay website because it used the adidas
trademark or logo without permission, used images copied from adidaswebsite, or because it offered
counterfeit merchandise featuring one of the adidas trademarks.All of
these acts violate
Silhouette Optical regularly monitors the Internet,
including eBay, for unauthorized uses of the adidas trademarks and logos and for auction listings that appear to
offer counterfeit merchandise.When
Silhouette finds such a listing, eBay, is alerted; in compliance with its user
policies, eBay will, at a minimum, remove the auction from the eBay website.
Q: If my auction violates the law, why did eBay
allow me to post the action?
A:eBay does
not screen its auctions, nor does it authenticate merchandise before sale.Instead, it asks rights owners to monitor the
auctions themselves, and then eBay may remove any infringing, false or
misleading auctions using the VeRO
program.
Q: Can I re-post an auction once it has been ended?
A: No. If you re-post an infringing item once eBay
has ended an auction, you are likely to be subject to civil and/or criminal
liability, as well as suspension from eBay.
Q:If I
purchased a legitimate item of adidas merchandise, can I re-sell the item on
eBay?
A: It is legal to re-sell a genuine adidas item.However, even when reselling a genuine
product, you may not use adidascopyrighted
photographs or adidas/b> trademarks
and logos.
Q: Why can't I use the word adidas or the phrase
didas-styleor didas-likein a phrase to describe my goods?
A: By using the trademark adidas to
attract attention to non-adidas
goods, you are intentionally misleading customers interested in authentic adidas goods; courts call this nitial
interest confusion.span style='mso-spacerun:yes'>It may also be
considered ilutionof adidas/b>
famous trademarks.Initial interest
confusion and dilution are illegal because the seller is trying to get an
unfair benefit by trading on Silhouette and adidas/b> good reputation.
Q: Can I list an item if I expressly say that it is
OT GENUINE,AKE,or a NOCK OFF
A: No, it is always illegal to sell unlicensed or
counterfeit products.Even if you
include a disclaimer stating that the goods are not authentic, you will be
subject to criminal or civil penalties.
Q: I copied an image of the adidas logo or adidasspan style='mso-bidi-font-weight:bold'> stylized typeface from adidas/span> website and pasted the
image onto my eBay auction.Is this
permissible?
A:No.Even if you are reselling genuine adidas brand merchandise, you may not
use the adidas logo or
typeface.Use of the adidas logo or typeface illegally
implies that your auction is authorized, sponsored, or approved by Silhouette.
Q: I copied an image of adidas merchandise from adidas/span> website and pasted the image onto my eBay auction. Is this
permissible?
A: No. Only Silhouette Optical can legally make use
of its copyrighted images.
Q: Who can use the adidas trademark and logo?
A: Only Silhouette Optical and its licensees can
legally use adidas trademarks and
logo to sell products.
/span>
Q: What if I did not realize
that I was infringing adidas/span> intellectual property
rights?
A: Even if your ad was an accident or a mistake, you
can still be held liable for infringement under
Q: Can
Silhouette verify the authenticity of merchandise for sale on eBay?
A: No.Silhouette Optical is unable to
verify the authenticity of any items for sale on eBay, nor can Silhouette
Optical guarantee the quality of such products.
If you believe that an eBay member is selling counterfeit adidas merchandise, you may send an
email to rhanlon@alston.com identifying the seller and the particular auction
in question.
Q: How can I
determine whether an item for sale on eBay is authentic adidas merchandise?
A: The only way to ensure that you are purchasing authentic adidas merchandise is to purchase the
goods directly from an authorized adidas
dealer.Authorized retailers can be
found through the official website: www.adidas.com/eyewear.
Q: /span>Why does
Silhouette want to keep others from using its trademarks and selling
counterfeits?
A: Silhouette has worked hard to develop and maintain a
reputation for providing the highest quality products to its customers. Misuse
of the adidas trademarks or the sale
of counterfeit merchandise deceives the customer, who may then blame Silhouette
for the inferior counterfeit products or service.As a result, trademark infringement and
counterfeiting hurts the reputation of Silhouette Optical and hurts consumers.
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