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May 2012 Attorney at Law Magazine


Tips for Selling on eBay

Managing Partner Arlen Olsen was quoted by Times Union reporter Kristi Gustafson in her article: “Tips for selling on eBay” Gustafson states that ebay® sellers may face copyright and trademark issues, when attempting to prove the authenticity of their merchandise but the online auction can be a viable option for turning unwanted valuables into cash. Best quotes from her article include: Kevin Hertzel, owner of Highest Bidder, “If you don’t have (a brand name) in your title, it’ll just get lost.” Kevin also suggested that the item description be as detailed as possible including age, condition, measurements and everything included in the auction (original boxes or wrapping; authenticity cards or certificates; or original receipts). The article states that people sometimes snag photos from other members’ listings or from the Web sites of the original manufacturer or retailer. This is a violation of eBay’s rules and it is illegal. Listing can be pulled and eBay status suspended for copyright and trademark infringement. Alina Halloran, Director of Client Services with OpSec Security , “Disputes over copyrights and item authenticity can often take several weeks, if not longer, to settle with eBay. Sellers should read the rights owners’ pages (available at http://pages.ebay.com/help/community/vero-aboutme.html) before listing anything. Those pages lay out rules and regulations for each item’s owner and explain what sellers can and cannot do from stealing pictures from Web sites to selling items for more than they’re worth to copying a description, rather than writing their own. Arlen L. Olsen, Managing Partner of Schmeiser, Olsen & Watts: “If a seller uses a photograph (of a bracelet) from, say, the Tiffany & Co. Web site, Tiffany can claim a seller is violating the company’s copyrights by using an exact copy of their photograph. Also, in using a purloined photograph, Tiffany can argue that a consumer may be confused that the bracelet is coming directly from Tiffany. Take your own photograph and be clear that the bracelet is not coming from Tiffany’s, but being sold by a private individual that is reselling the Tiffany’s bracelet.” Entire article available at http://blog.timesunion.com/kristi/19755/tips-for-selling-on-ebay/ need a loan fast with bad creditbad credit personal loans for