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About Us
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Von Dutch Originals, LLC (DO is a member of the eBay VeRO Program and owns many trademarks and copyrighted materials worldwide in connection with VDO clothing and accessories. VDO has the legal responsibility to enforce its trademark and copyright rights. Accordingly, VDO provides this page to educate eBay users about auctions that infringe the intellectual property rights of VDO. VDO and its licensees have the exclusive right to use its copyrighted works and trademarks. VDO trademarks are protected under various U.S. and international trademark laws. Anyone who uses VDO marks, without VDO permission, is liable for trademark infringement. Similarly, textual and photographic works produced and published by VDO or its licensees are protected under U.S. and international copyright laws. Anyone who produces, copies, distributes or displays VDO copyrighted materials, without VDO permission, is liable for copyright infringement. Please note that the manufacture, distribution and/or sale of counterfeit VDO merchandise are illegal and carry criminal penalties. VDO has and will continue to pursue those guilty of infringing VDO trademarks and copyrighted materials. Frequently Asked Questions (FAQ) Q: Why was my auction terminated? A: Most likely, your auction was removed from the eBay website because it displayed unauthorized reproductions of copyrighted images owned by VDO or because it offered for sale counterfeit merchandise featuring one of VDO trademarks. VDO regularly monitors the Internet, including auction sites, in order to protect its intellectual property rights. VDO notifies eBay of auction listings containing unauthorized uses of VDO copyrights and trademarks and auction listings reasonably believed to offer for sale counterfeit merchandise. eBay then takes the necessary action to comply with its user policies, which include removing the auction from the eBay website. Q: Why was my auction singled out when there are other auctions on eBay that infringe VDO intellectual property rights? A: VDO works diligently to ensure that all unauthorized uses of its intellectual property are removed from the eBay website. Given the high volume of merchandise for sale on eBay, and the frequency of newly added auctions, it is difficult to identify and remove every counterfeit and unauthorized item. Failure of VDO to act against an infringing auction does not mean that the auction is not in violation of United States and international laws. Q: I scanned an image of VDO merchandise from VDO website and pasted the image onto my eBay auction. Is this permissible? A: No. Any unauthorized reproduction, display or distribution of VDO copyrighted images is illegal. Q: If I purchased an authentic item of VDO merchandise, can I re-sell the item on eBay? A: Yes. It is legal to re-sell a genuine item that you purchased, in its original, unaltered form. Nevertheless, it is impermissible to use VDO copyrighted photographs to promote the sale of the item. In addition, you cannot use VDO's trademarks and logos to make your auction more appealing. You are prohibited from producing an unauthorized copy of the legitimate merchandise and offering it for sale. Q: Can I list an item if I expressly say that it is OT GENUINE,AKE,or a NOCK OFF A: No. A disclaimer regarding the authenticity of goods does not relieve a seller from liability for the manufacture, distribution and/or sale of unlicensed, counterfeit goods. Such activity is criminal and may subject you to the payment of monetary fines and imprisonment. Q: Can I use VDO logo or other logos or properties owned by VDO to make my auction listing more appealing? A: No. Use of these VDO logos or other intellectual properties wrongfully implies that your auction is authorized, sponsored, or approved by VDO, and dilutes the value of these logos in violation of state and federal trademark laws. Q: Can I use VDO logo or other logos or properties owned by VDO to create homemade products such as clothing apparel or home furnishings? A: No. Only VDO and its licensees may use VDO trademarks and copyrighted material in connection with the manufacture, offer for sale, and/or sale of goods or services. Therefore, any sale and/or offer for sale of such homemade products are illegal. Q: What if I did not realize that I was infringing VDO intellectual property rights? A: Lack of intent will not relieve an infringer from liability under United States copyright or trademark laws. You have a responsibility to ensure that your actions do not violate someone else intellectual property rights. Before commencing an eBay auction, you must take affirmative steps to ensure that your auction does not violate the rights of any copyright or trademark owner. Q: How can I determine whether an item for sale on eBay is authentic VDO merchandise? A: The only way to determine whether you are purchasing authentic VDO merchandise is to purchase the goods directly from an authorized VDO retailer (e.g., a VDO store or retail store that carries the VDO brand) or from the vondutch.com website. Q: Can VDO verify the authenticity claims of merchandise for sale on eBay? A: VDO cannot guarantee the authenticity of any items for sale on eBay. Similarly, VDO cannot compensate a dissatisfied buyer who purchased counterfeit merchandise from an eBay seller who made false claims of authenticity, nor can VDO replace the counterfeit merchandise with genuine merchandise. If you believe that an eBay member is selling counterfeit VDO merchandise, you may send an email to trademarkinspector333@vondutch.com (note, remove the "333" in the address before sending) identifying the eBay seller ID and/or the auction number in question for VDO's review. Q: How do I communicate with VDO VeRO representative? A: Because of the amount of spam we receive (literally thousands for every one legitimate inquiry), it is best that you type in the subject line of your email DO VeRO. Doing such will ensure a quick and timely response from our representatives. Due to the amount of incoming spam, emails that do not include a subject header will not be read. Further, when replying to our email, it is necessary that you include the original thread so that we can track the issue. Emails that don include the thread will not be replied to, because it virtually impossible to maintain hundreds of email conversations without the benefit of the context that the thread supplies. Additionally, please remember to include your eBay username in any correspondence - without this information we won't be able to answer your questions because once an auction is cancelled it is no longer viewable. If you have further questions, please email trademarkinspector333@vondutch.com with your questions. (note, remove the 333 in this email address before sending - 333 is there to thwart any attempts by robots to spam this address). Q: Where can I buy authentic Von Dutch products? A: You can buy authentic Von Dutch products at our website at vondutch.com or from one of the stores on our Store Locater page. |
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