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Marvel Comics / Marvel Entertainment, Inc.
Marvel provides this page to assist eBay users in ensuring that they deal only with legitimate merchandise and merchandise authorized for resale. This page is also in place to answer users’ questions regarding the cancellation of their auctions. If you find an item listed for auction that you suspect is unauthorized, please contact eBay at infringement@ebay.com.
Frequently Asked Questions
Q: Why was my auction suspended?
A: If your auction was terminated in response to a request from Marvel, it means that the item you were selling or the listing itself infringed a right owned by Marvel. Some of the factors that help to identify infringing merchandise are described below.
Q: Is there an easy way to identify infringing Marvel products?
A: Sometimes a seller will use terms like “bootleg,” “custom” “copy” or “can’t guarantee authenticity.” The unauthorized Marvel products most frequently sold on eBay include craft or home-made items (including artwork), unauthorized reprints of artwork featuring Marvel characters, copies of comic books collected on CD-ROM, pirated or bootleg videos, VCDs and DVDs, and counterfeit or knockoff licensed products such as statues, apparel, toys and bags.
Q: Why hasn’t Marvel suspended all auctions selling infringing products?
A: Marvel vigorously enforces its rights. It is possible that some infringing auctions escape Marvel’s attention. The fact that others may be selling products that infringe Marvel’s rights does not give others the right to do so nor does it prevent Marvel from ending those auctions about which it does become aware. If you want to report an infringing listing that has not been suspended, please send the information along with the seller’s name and the eBay item number to infringement@ebay.com.
Q: Why does Marvel care about small sellers on eBay?
A: Marvel works hard to preserve the integrity of its name and its copyrights, trademarks and logos. Characters first created more than forty years ago continue to enjoy widespread popularity because of the quality control that Marvel has exercised to govern the use of its copyrights and trademarks. The auction of infringing merchandise, which is often not of the same quality required of a Marvel product, damages Marvel’s reputation and leads to complaints from consumers and internet users about this poor quality. Consumers may attribute to Marvel the inferior quality of unauthorized products purchased over eBay. Marvel must be vigilant in protecting the goodwill associated with the Marvel name and copyrights and will take action to insure that online auctions of counterfeit goods are ended.
Q: I reported an infringement. Can you tell me what happened?
A: Marvel investigates thousands of reported infringements each year. The results of those investigations are confidential and Marvel does not report back to third parties concerning the actions taken in response to reported infringements.
Q: Why can’t I sell craft items that use Marvel characters?
A: While the creation of craft items using Marvel copyrights is infringing, Marvel does not generally dispute craft items made by fans for their personal use. Where, however, those items are listed for sale on eBay, the user is seeking a commercial benefit from his or her infringing conduct. For more information on copyrights see http://pages.ebay.com/community/png-copyrighteditems.html.
Q: Are there particular types of problem crafts?
A: There are particular types of product for which Marvel receives more complaints and which, on investigation, are often fake. These include original artwork, address labels, light switch covers and statues.
Q: What if I use artwork that is in the public domain?
A: Marvel art and characters are not in the public domain. Some operate under the mistaken belief that, if they can download an image from the Internet, that the image is “public domain.” This is not true. Public domain exists either because the copyright term has elapsed or because the copyright owner has not elected to assert copyright ownership. Neither is true with respect to Marvel art and characters.
Q: Why did eBay allow me to post my auction if it is against the law?
A: eBay does not generally pre-screen auctions and does not verify that sellers have the right to sell the listed item.
Q: I thought the item was authentic. Why can’t I resell it on eBay?
A: Infringing product is illegal and can cause harm to Marvel, as owner of the intellectual property, and to consumers who are deceived. Both are victims, even when the seller “didn’t know.” Knowledge is not required for a seller to be liable for damages under either the Trademark Act or the Copyright Act.
Q: Can I list an item if I expressly say that it is “NOT GENUINE”, “HOMEMADE”, “NOT AUTHENTIC” or “PIRATE”?
A: No. You are still selling unlicensed and unauthorized merchandise. A disclaimer regarding the authenticity of the goods, such as “fake,” “cannot guarantee authenticity” and similar disclaimers does not satisfy the laws prohibiting the sale of infringing merchandise.
Q: Can I use Marvel trademarks, artwork or characters to make my listing more appealing?
A: No. The use of trademarks, logos, trade names, artwork or character likenesses owned by others, including Marvel, may wrongly imply that your listing is authorized, sponsored or approved by that third party 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 drive traffic to your listing may violate trademark laws as well as eBay’s own policies: http://pages.ebay.com/help/community/png-wordspam.html.
Q: Can I sell videos or DVDs?
A: If the video or DVD is an authorized copy released for sale in the United States, then you can re-sell your used video or DVD.
Q: Can I sell unauthorized copies of videos or DVDs?
A: No. You cannot sell an unauthorized copy of a video or DVD.
Q: I downloaded a movie or television show from the Internet and burned my own VCD. Can I sell this VCD on eBay?
A: No. Marvel does not authorize distribution of its movies via the Internet and any such copying, distribution or sale of such material would be against the law.
Q: What if I bought the copy at a flea market or via a web site?
A: It does not matter where you got a bootleg movie, or whether you paid for it with your own money. If it is bootleg, it is illegal to sell.
Q: Can I sell movie trailers?
A: No. Items used to market motion pictures, like trailers, are distributed in commercial channels for use as promotional items by Marvel’s promotional partners. These items are not sold by Marvel, but are licensed to the promotional partner for limited use. The promotional partner is not permitted to sell or dispose of these items in any way in which they can then enter sales channels, like eBay.
Q: What about screeners?
A: The same rule applies to screeners, which are distributed for a limited purpose and are expressly not for resale.
Q: What about promotional materials?
A: Any promotional item that is not distributed in the consumer marketplace is subject to the same restrictions set forth above.
Q: Can I sell copies of television shows, like old animated cartoons?
A: No. Only original videos distributed by Marvel or its licensees for resale can be sold on eBay. Any copy of a television show, even if it was originally broadcast on an over-the-air network, is an infringing copy, and any listing offering such product may be suspended.
Q: Can I sell weapons or costumes based off Marvel's characters? Even if I don't use the names?
A: No. Weapons or costumes sharing any likenesses to Marvel's characters are infringing materials.
Q: What if I didn’t realize I was violating the law or infringing Marvel’s rights?
A: Innocent intent is not a defense under Federal or State trademark law, or under Federal copyright law. You have a responsibility to ensure that your actions do not violate someone else’s copyrights. Before auctioning any property you need to take affirmative steps to ensure that the item you are selling is authorized for resale by the copyright or trademark owner.
For more information about Marvel and legitimate product incorporating Marvel artwork, please visit http://www.Marvel.com
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