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Daniel SwarovskiParis Crystal Eyewear

 

from

SILHOUETTE INTERNATIONAL SCHMIED AG (Austria)

and

SILHOUETTE OPTICAL LTD. (U.S.A.)

 

Daniel Swarovski /span>Paris Crystal brand eyewear and related products are manufactured and distributed exclusively by Silhouette International Schmied AG throughout the United States and the world.Silhouette Optical Ltd. is the sole U.S. subsidiary of Silhouette International and the sole licensee of the Daniel Swarovski trademarks for eyewear in the United States.

 

Silhouette Optical sells authentic Daniel Swarovski brand products only through authorized dealers.Silhouette Optical is pleased to guarantee all new, genuine Daniel Swarovski products.Silhouette Optical never sells second-hand, used or damaged products.Products advertised as Daniel Swarovski, 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.

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The Silhouette Companies and Daniel Swarovski 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 Daniel Swarovski brand name, or other Daniel Swarovski intellectual property, will be punished.

 

Silhouette Optical welcomes inquiries about its products or the existence or sale of counterfeits.

 

For information about genuine Daniel Swarovski Paris Crystal eyewear products, please visit: www.daniel-swarovski.com/ or
contact Silhouette Optical Ltd. at (518) 272-5500.

 

For information about Silhouette enforcement activities for Daniel Swarovski Paris Crystal eyewear products, please contact Robert Hanlon, Esq., Alston & Bird LLP at rhanlon@alston.com or (212) 210-9410.

Frequently Asked Questions (FAQs)

Q: Why was my auction terminated?

A: Silhouette Optical has a good faith belief that your auction infringes its intellectual property rights. /span>Most likely, your auction was removed from the eBay website because it used the Daniel Swarovski trademark or logo without permission, used images copied from Daniel Swarovski website, or because it offered counterfeit merchandise featuring one of the Daniel Swarovski trademarks. All of these acts violate United States trademark or copyright law.

 

Silhouette Optical regularly monitors the Internet, including eBay, for unauthorized uses of the Daniel Swarovski 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 Daniel Swarovski merchandise, can I re-sell the item on eBay?

A: It is legal to re-sell a genuine Daniel Swarovski item.However, even when reselling a genuine product, you may not use Daniel Swarovski copyrighted photographs or Daniel Swarovski trademarks and logos.

 

Q: Why can't I use the terms aniel Swarovski, aniel Swarovski-styleor aniel Swarovski-likein a phrase to describe my goods?
A: By using the trademark Daniel Swarovski to attract attention to non-Daniel Swarovski goods, you are intentionally misleading customers interested in authentic Daniel Swarovski goods; courts call this nitial interest confusion.span style='mso-spacerun:yes'> It may also be considered ilutionof the famous Daniel Swarovski trademarks. Initial interest confusion and dilution are illegal because the seller is trying to get an unfair benefit by trading on Silhouette and Daniel Swarovski 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 Daniel Swarovski logo or Daniel Swarovski stylized typeface from Daniel Swarovski website and pasted the image onto my eBay auction.Is this permissible?

A:No.Even if you are reselling genuine Daniel Swarovski brand merchandise, you may not use the Daniel Swarovski logo or typeface.Use of the Daniel Swarovski logo or typeface illegally implies that your auction is authorized, sponsored, or approved by Silhouette.

 

Q: I copied an image of Daniel Swarovski merchandise from Daniel Swarovski 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 Daniel Swarovski trademark and logo?

A: Only Silhouette Optical and its licensees can legally use Daniel Swarovski trademarks and logo to sell products.

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Q: What if I did not realize that I was infringing Daniel Swarovski intellectual property rights?

A: Even if your ad was an accident or a mistake, you can still be held liable for infringement under United States copyright or trademark laws.Every seller has a responsibility to ensure that his sale does not infringe upon another intellectual property rights.

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 Daniel Swarovski 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 Daniel Swarovski merchandise?
A: The only way to ensure that you are purchasing authentic Daniel Swarovski merchandise is to purchase the goods directly from an authorized Daniel Swarovski dealer. Authorized retailers can be found through the official website:
/span>www.daniel-swarovski.com/.

Q:Why does Silhouette want to keep others from using its trademarks and selling counterfeits?

A: Silhouette and Daniel Swarovski have worked hard to develop and maintain a reputation for providing the highest quality products to their customers. Misuse of the Daniel Swarovski 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 reputations of Silhouette Optical and Daniel Swarovski and hurts consumers.