Home > Community > About Me > discoverycommunicationsinc |
 |
 |
|||||
 |
|
|
|||
|
|||||
DISCOVERY COMMUNICATIONS, INC.
Welcome to the About Me page of Discovery Communications, Inc. Discovery provides this page to assist eBay users in identifying auctions of unauthorized and illegal merchandise. We hope you find this informative and helpful.
DISCOVERY'S TRADEMARKS
Discovery owns numerous trademarks for a wide variety of goods. Some of these
world-famous marks include:
DISCOVERY; DISCOVERY CHANNEL DISCOVERY ANIMAL PLANET TLC TRADING SPACESbr>
; MONSTER GARAGE ; MONSTER HOUSE ; and AMERICAN CHOPPER
DISCOVERY'S COPYRIGHTS
In addition, Discovery owns the copyrights in the images depicted in its
advertising, promotional materials and on its websites (including the
www.discovery.com website).
GUIDELINES TO USING DISCOVERY'S TRADEMARKS AND COPYRIGHTED MATERIAL
eBay sellers who sell authentic, unaltered products manufactured by Discovery or
its licensees may only use Discovery's trademarks and copyrights for purposes of
describing the products. For example, if someone were to sell a licensed Trading
SpacesBehind the Scenes book, the eBay auction description may describe the
product as a "Trading SpacesBehind the Scenes book. In addition, sellers of
legitimate Discovery products may post photographs of the products including the
product packaging on their auctions.
PROHIBITED USES OF DISCOVERY'S TRADEMARKS AND COPYRIGHTED MATERIAL
Selling or distributing products that were not made by Discovery or its
licensees but that depict or include Discovery's trademarks and/or copyrighted
material may constitute trademark infringement, trademark dilution, unfair
competition and/or copyright infringement. The use of disclaimers regarding the
manufacturer of such goods or statements about the manufacturers
non-affiliation with Discovery does not exempt the infringing merchandise from
violating the trademark and copyright laws. Examples of unauthorized products
may include unauthorized copies of Discovery videos or network programs and
unauthorized or unlicensed t-shirts or mugs made with Discovery logos.
A SPECIAL NOTE ABOUT IKEA PRODUCTS ON THE SHOW TRADING SPACES/u>
We understand that some viewers of Discovery's show Trading Spacesbelieve that
the items used on the show (such as furniture, mirrors, and lamps) are made or
sold by Discovery or that the show Trading Spacesis associated with IKEA. As a
result, some eBay users advertise these products as Trading Spaces (or "Trading
Spaces IKEA") products. For example, some eBay sellers describe their items as
"TRADING SPACES Mirrors IKEA, "TRADING SPACES IKEA Birdhouse", or "IKEA TRADING
SPACES lamp. This type of advertising is misleading and it is likely that
consumers will be confused into thinking the goods were made either by Discovery
or one of its licensees, or that IKEA is affiliated with or sponsored by
Discovery. The purpose of trademark law is to protect consumers from confusion
about the source of products bearing the trademarks. IKEA items advertised using
the Trading Spacesname or any other Discovery trademark is harmful to
consumers because consumers may be confused about the source of the goods.
Accordingly, these items should not be advertised using the Trading Spacesname
or any other Discovery marks.
SPECIAL NOTE REGARDING HANDCRAFTED PRODUCTS BEARING DISCOVERY'S TRADEMARKS
We understand that some purchasers of Discovery's licensed products, such as
fabrics, believe that it is lawful to craft their own goods, such as pillows and
purses, from these products and to sell those goods. This type of commercial use
of Discovery's licensed products is not authorized by Discovery, because it is
likely that consumers will be confused into thinking the goods were either made
by Discovery or one of its licensees, or that the maker of the goods is
affiliated with or sponsored by Discovery. The purpose of trademark law is to
protect consumers from confusion about the source of products bearing
trademarks. Handcrafted items using Discovery's licensed products and identified
as, for example, an "American Chopper Pillow or "American Chopper Purse will
harm consumers, because they may believe the items were made, licensed,
sponsored or approved by Discovery. Licensed products bearing the Discovery
trademarks are for personal use only. Commercial use is not authorized.
Anyone selling a handcrafted item made from an authentic Discovery licensed
product on eBay must comply with the following guidelines:
1. Discovery's trademarks may be used only to identify the licensed
product and the auction must clearly disclose this fact. An example of proper
use of Discovery's licensed product is: "Quilted purse handcrafted with American
Chopperlicensed fabric.
2. No Discovery trademark
can be used as an adjective for a handcrafted product, such as: "American
Chopper Pillow". That would be a trademark infringement.
3. The first auction page must contain a conspicuous disclaimer as follows:
This item was handcrafted by the seller with licensed [insert the product used].
The seller is not affiliated with the manufacturer of the licensed product.
4. Sellers may post photos of their handcrafted items, but may not use images of
the Discovery trademarks or any other logos associated with Discovery brands
separate from the images that appear on the licensed product.
NOTE: IT IS DISCOVERY'S POLICY TO SHUT DOWN AUCTIONS THAT FEATURE INFRINGING
GOODS.
DISCOVERY COMMUNICATIONS, INC.
FREQUENTLY ASKED QUESTIONS (FAQ)
1.
Q. Why was my auction suspended?
A. Your auction may have been suspended for one of the following reasons:
-
The item for sale may be an infringing or unlicensed product that uses Discovery's trademarks or copyrighted material. For more information about Discovery's trademarks and copyrights please view Discovery's About Me Page.
-
The item for sale may be described as a Discovery IKEA product or a Trading Spaces IKEA product (such as lamps, rugs, and mirrors seen on Discovery's Trading Spaces ). Some of these items may be products manufactured or licensed by IKEA or one of its licensees. However, there is no association between IKEA and Discovery. Therefore, this type of advertisement misuses Discovery's trademark TRADING SPACES and may confuse consumers as to whether Discovery is the source of the goods.
2.
Q. Why hasn't Discovery suspended all auctions selling infringing products?
A. Discovery vigorously enforces its intellectual property rights. When an
auction selling infringing products comes to Discovery's attention, Discovery
reviews the matter and takes appropriate action. The fact that others may be
selling products that infringe Discovery's intellectual property rights does not
give you the right to do so or prevent Discovery from terminating those
auctions.
3.
Q. I thought the item I posted on eBay was authentic when I bought it. Why can't
I resell it on eBay?
A. Infringing products violate Discovery's trademark rights and copyrights,
causing harm to Discovery, and deceive consumers who believe they purchased
genuine Discovery products. This harm will occur even if the seller acted
without knowledge of the infringement. The seller can be liable for damages
under the United States Trademark Act or the Copyright Act.
4.
Q. Can I use Discovery's trademarks, copyrighted artwork, or slogans to make
my listings more appealing?
A. No.
The use of Discovery's trademarks, copyrighted artwork, or slogans may mislead
others into believing that your listing is authorized, sponsored, or associated
with Discovery and it may dilute the value of those intellectual property
rights, in violation of both state and federal law. The use of trademarks as
keywords to direct others to our listings may also violate trademark laws as
well as eBay�s own policies: http://pages.ebay.com/help/community/png-wordspam.html.
5.
Q. When can I use Discovery's trademarks to describe my listings?
A. You may only use Discovery's trademarks to describe your items when the items
are authentic, unaltered products manufactured by Discovery or its licensees.
For example, you may state, "Trading Spacesmousepad if you are reselling a
licensed mousepad that is labeled with the Trading Spaceslogo. Remember, it is
important always to use Discovery's trademarks properly. For more information
about the proper use of Discovery's trademarks and copyrighted material, please
visit Discovery's About Me page on eBay.
|
|
||
The above page is maintained by: discoverycommunicationsinc( 0 )  |
| Where would you like to go next? |
 |
| Groups | Answer Centre | Community Values |
 About eBay | Announcements | Safety Centre | Partner Centre | VeRO: Protecting Intellectual Property | Policies | Feedback Forum | Site Map | Help | |
Copyright © 1995-2009 eBay Inc. All Rights Reserved. Designated trademarks and brands are the property of their respective owners. Use of this Web site constitutes acceptance of the eBay User Agreement and Privacy Policy.
| |