IP violations - but how do I describe the product then?
I am attempting to sell a ‘Monster Energy safe can’ / stash can. It is a monster energy can - a real one, purchased from local convenience stores in northern england - it is hollowed out and a waterproof container is placed into it. It also has liquid in-between the container and can walls to maintain authenticity - it is a really cool product.
We purchase the cans from the manufacturer of them. The manufacturer purchases cans from sweet shops and uses those.
I listed this last night, and this morning I have two ‘suspected IP violations’. I was kinda expecting it (bots), however, I wish to do everything correct and above board now. Ive become limited and am now adhering to all standards set by amazon. I do not want to attempt to skirt their policies, I wish to adhere.
How should I go about this? Do I need permission from Monster, or does the manufacturer? He’s been selling them for years now, many different can brands, ebay his website our sites, and some of his other customers have put other variants on amazon also.
Any non demeaning / degrading responses would be truly appreciated. Best regards guys
Seller_BS5lg2keRs2QO
Not sure if i’m reason and facts, but my thoughts are to keep selling them elsewhere.
If Amazon see a brand in the images or in the title that doesn’t tally with what they expect, they take action. That does seem contrary to the fact that there are many branded “safes” for sale on Amazon that have been up for years. How they are still there yet you got “caught” so quickly I really don’t know. It is often the case that it is easier not to fight with Amazon since it is generally tiring and futile.
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Seller_DTufFoxJuMU0M
I am confused - do you purchase these from local convenience stores or from the manufacturer?
Does the manufacturer purchase cans then print the monster logos/branding on them? If so does he have permission from Monster to do this and resell them in wholesale?
If so then I guess you need your manufacturers LOA from Monster to recreate their logo etc, and you need the LOA from your Manufacturer to resell.
Seller_DTufFoxJuMU0M
Just because others are doing it doesn’t make it right.
Back to your original question
On Amazon because you have used “Monster” in the title/brand name or whatever Amazon will probably expect you to have a LOA from Monster to edit and resell these items.
Seller_SITNVuZK87zGK
Also, your example of Tiffany Blue Nikes, you’d struggle to list those on amazon as well. If you think Monster have a good legal team, imagine how good Tiffany’s is. I’d suggest if you want to sell these cans, you stick to the Wild West of Facebook and instagram marketplaces.
Seller_DTufFoxJuMU0M
See I look at it a different way.
If I am a joiner and I make a table, I go to all the effort of testing the table, making sure its safe to eat off, holds the strain of daily use, working out what weight it can hold, making sure its safe etc, and I attach my well known brand name that I have worked to hard to build consumer trust on, and people know that they will get a good quality table they can trust…
Some random nobody buys it, decides to “jazz it up”, changes the legs, repaints it, adds random things to it… and someone comes along, sets something on it, the new legs aren’t up to standard and the table crashes to the floor.
The brand name that the person has worked so hard to build up is now tarnished with “the table was a load of crap, fell apart first time I used it, dinner is on the floor”
Essentially - when that table was bought, and changed, it was no longer a Dedez table, it was now a “random nobody” table…and should not be using the Dedez brand at all because as the brand owner Dedez takes no responsibility to the safety, longevity, or any damage caused by this “new” product, which is just using the Dedez brand name to sell a random nobody table
I am pretty sure that the law would see it the same way if I took this random nobody to court for using my brand name to sell this product which I worked hard on and they butchered!
Seller_SITNVuZK87zGK
going back to the legalese, I’d assume that there is something on here that is being infringed
Examples of IP infringement include when someone:
- uses, sells or imports your patented product or process
- uses all or some of your work under copyright without your permission
- makes, offers or sells your registered design for commercial gain
- uses a trade mark that’s identical or similar to one you’ve registered
Seller_SITNVuZK87zGK
I’ll give you another example as well, a while back I worked in the pub industry and we had a load of menus and adverts printed up for a Fish Friday offer. Turns out a well known pub chain had trademarked even that fairly innocuous term and lo and behold a cease and desist arrived.
Seller_NoMNQDGnEW5Bx
Disney have gone after loads of little sellers for doing the same thing, making money on the back of their brand. Football teams like man utd have IP departments who trawl everywhere to stop people making money using their brand.
Back to the balloon example, I could blow up a fake Avengers balloon bought online, advertise it and I could get in trouble.
Seller_qZO3ZCjoBXEeL
It is pretty cut and dried I’m afraid. You may not use another person’s trademark for your own commercial gain without their permission. It is called passing off because their trademark is being associated (for good or bad) with your product over which they have no control.
Seller_sSxf9ltVoIMz9
Seems to me cut and dried legally. You / the manufacturer have no right to use the Monster brand on anything without their express permission. Buying a can and emptying it doesn’t allow them the rights to the logo and branding on a new product, that would be ridiculous.
The use, in this case, of the Monster brand on this product is clearly intended to provide an advantage to the seller and to mislead the buyer into thinking this is in some way authorised by the Brand owner.
Seller_7VbclcPFFRTnc
Just got visions of a large scale ‘manufacturer’ rocking up to bargain booze and buying 24 cans at a time