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Store Suspended for "type" fragrances - Need Help

 
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BearBody



Posts: 2

PostPosted: Wed Mar 24, 2010 6:32 pm    Post subject: Store Suspended for "type" fragrances - Need Help Reply with quote

After viewing my store & seeing no items available I did a google search and found that my store has been suspended. I contacted ecrater & was told that
Quote:
Your account is suspended for selling suspected
counterfeit designer or brand name products and/or for trademark
infringement. It is not allowed to use designer or brand names in titles or
descriptions of items that are not authentic as this is trademark
infringement and not allowed. Adding "inspired", "like", "type" or any other
comparison word to a designer name or brand name is not allowed.

I sell handcrafted bath & body products in a variety of different fragrances. I never looked at it as I sell counterfeit products. I have read many articles on fragrances. You can't patent or copyright a fragrance, only the label & packaging. That is why many places sell eg. Cool Water TYPE fragrance. They do not even make soap. Is there a way I can still have them listed as available scents? Hopefully there is, but if not, well, those are the house rules. Thank you!
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kjscreations



Posts: 1726

PostPosted: Wed Mar 24, 2010 7:03 pm    Post subject: Reply with quote

Quote:
Adding "inspired", "like", "type" or any other
comparison word to a designer name or brand name is not allowed.


Using a Trademarked name anywhere in the listing is not allowed.
Even if I made my own Bags & said "gucci type"... I'd get spanked.
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MaggietheCatsMeows



Posts: 2799

PostPosted: Wed Mar 24, 2010 7:59 pm    Post subject: Reply with quote

think of it this way.
Sara Lee makes chocolate cake. You can copy all the ingredients to make a chocolate cake but you can't call it a Sara Lee chocolate cake or a Sara Lee style/type/like chocolate cake because that would be playing off that trademarked name.

You would be exploiting Chanel or Nina Ricci or whatever company to get attention to your products. That is what is wrong with what you are doing.
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SUPERPLUSHNSTUFF



Posts: 1542

PostPosted: Thu Mar 25, 2010 9:04 am    Post subject: Reply with quote

Is it possible to say "If you like Ombre, you'll like this fragrance".? Or is that still a no no.
If you can't compare then I would just describe your fragrances as best you can, including essential oils used if any and see how that goes. For example: Baby powder scent - everyone knows what that smells like.
Good luck.
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bigtallmensclothing
moderator


Posts: 21854

PostPosted: Thu Mar 25, 2010 9:41 am    Post subject: Reply with quote

Quote:
Is it possible to say "If you like Ombre, you'll like this fragrance".? Or is that still a no no.

Not in the title. You can't use a brand name to sell a non-brand name product.
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SUPERPLUSHNSTUFF



Posts: 1542

PostPosted: Thu Mar 25, 2010 10:31 am    Post subject: Reply with quote

Can you use it in the listing body, in the description? I don't have this problem but just trying to see what the options are for the OP.
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thelivesandlovesofmaggiethecat



Posts: 9860

PostPosted: Thu Mar 25, 2010 1:41 pm    Post subject: Reply with quote

SUPERPLUSHNSTUFF wrote:
Is it possible to say "If you like Ombre, you'll like this fragrance".? Or is that still a no no.


Some companies would still object to any mention of their name in a listing that is not selling their product.
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treasuresofthepast



Posts: 103

PostPosted: Thu Mar 25, 2010 2:01 pm    Post subject: Reply with quote

SUPERPLUSHNSTUFF wrote:
Can you use it in the listing body, in the description? I don't have this problem but just trying to see what the options are for the OP.


ecrater already told them (as quoted by the OP) "It is not allowed to use designer or brand names in titles or descriptions of items that are not authentic as this is trademark infringement and not allowed."
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