quincy
Senior Member
PayrollHRGuy, you asked me if I thought a trademark holder could do anything about the way eBay classifies goods on its site (https://forum.freeadvice.com/threads/ebay-misclassifying-clothing-brands-market-segment.650859/).
My answer is "yes" - but I think if the trademark holder in the linked-thread thought there was a problem, the trademark holder would have addressed it with eBay already.
What a trademark holder has in its arsenal of legal actions available to pursue include trademark infringement under the Lanham Act's section 1125, which covers any word, false designation of origin, false or misleading description, or false representation of fact, which causes or is likely to cause confusion, or to misrepresent the characteristics of the trademark holder's goods or services.
The trademark holder has product disparagement laws which cover negative statements or false comparisons that affect the reputation of the company and its goods/services.
The trademark holder has false or misleading advertising laws, when ads call into question the qualities or characteristics of the company's goods/services.
The trademark holder has trademark dilution laws which can support actions even if there is no evidence of consumer confusion or deception, or actual economic injury.
Because trademark holders are charged with protecting their own rights and are solely responsible for discovering infringers, some trademark infringers can go undetected. It can, therefore, be up to the public to report what they see. This is especially helpful when trying to stop the sales of counterfeit goods.
My answer is "yes" - but I think if the trademark holder in the linked-thread thought there was a problem, the trademark holder would have addressed it with eBay already.
What a trademark holder has in its arsenal of legal actions available to pursue include trademark infringement under the Lanham Act's section 1125, which covers any word, false designation of origin, false or misleading description, or false representation of fact, which causes or is likely to cause confusion, or to misrepresent the characteristics of the trademark holder's goods or services.
The trademark holder has product disparagement laws which cover negative statements or false comparisons that affect the reputation of the company and its goods/services.
The trademark holder has false or misleading advertising laws, when ads call into question the qualities or characteristics of the company's goods/services.
The trademark holder has trademark dilution laws which can support actions even if there is no evidence of consumer confusion or deception, or actual economic injury.
Because trademark holders are charged with protecting their own rights and are solely responsible for discovering infringers, some trademark infringers can go undetected. It can, therefore, be up to the public to report what they see. This is especially helpful when trying to stop the sales of counterfeit goods.
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