Why/How is iOffer.com legal and doesn't get shut down?

[GustavHeinemann]

Hi I want to create a fashion start up and I'm currently informing myself about how to prevent violations of my own intellectual property. Why is this site called ioffer legal though they sell fake stuff? Yes I know it's a market place, but is this fact enough to keep all this legal? imo it should get shutten down because it's obviously a bad thing what they do, they don't care about copyright and intellectual property

What if I have an own T-Shirt brand, and some seller on iOffer sells counterfeits/knock offs of my t shirts. How can I sue him? Will iOffer even give me the personal details of the seller or will they say "nope data protection" and only delete the article of the knock off?

Thank you very much!

/Yes I am not from germany but I want to do my T Shirt stuff in the USA because there are more ways in the country of freedom. I think I will try to go to New York or LA

 

[Zigner]

Sorry - this forum is for US law matters only.
Furthermore, we couldn't tell you if the site is legal or not.

 

[Taxing Matters]

Why is this site called ioffer legal though they sell fake stuff? Yes I know it's a market place, but is this fact enough to keep all this legal?

iOffer doesn't sell any goods itself. It acts as a middleman to bring buyers and sellers together. It's kind of like running a flea market site that leases booths to the sellers and as rent takes a share of the sales price. It's up to the sellers to ensure they sell legitimate goods. While supposedly iOffer will take down offers of goods that are reported to be counterfeit, it doesn't have much obligation beyond that. It certainly does not have to disclose seller personal information just because a manufacturer complains the seller was selling knock off goods. You want to sue the seller then you get a lawyer, file the John Doe lawsuit and get the subpoena issued to the site to get what information it has to help you track the seller down.

 

[quincy]

Hi I want to create a fashion start up and I'm currently informing myself about how to prevent violations of my own intellectual property. Why is this site called ioffer legal though they sell fake stuff? Yes I know it's a market place, but is this fact enough to keep all this legal? imo it should get shutten down because it's obviously a bad thing what they do, they don't care about copyright and intellectual property

What if I have an own T-Shirt brand, and some seller on iOffer sells counterfeits/knock offs of my t shirts. How can I sue him? Will iOffer even give me the personal details of the seller or will they say "nope data protection" and only delete the article of the knock off?

Thank you very much!

Do you reside in the U.S.? If so, what is the name of your state? If not, what is the name of your country?

 

[FlyingRon]

While iOffer doesn't HAVE to disclose, if they're anything like eBAY, they will. You send in a complaint (they use the DMCA model which technically applies only to copyright, but eBay treats Trademark/counterfeit goods the same way). They'll knock down the auction and then provide the contact information to both parties to each other and let them duke it out.

Note, that iOffer and similar sites don't want to get involved in verifying things. They are just the "venue." The more they do to vet things, the more liability they end up having, not the other way round.

 

[Taxing Matters]

They'll knock down the auction and then provide the contact information to both parties to each other and let them duke it out.

Providing "contact information" though is not quite the same thing as providing the information needed to file a lawsuit against the other person.

 

[quincy]

It is important to remember that it is the rights-holder alone who is responsible for policing the marketplace for infringers. No one does it for them.

If you see someone who has copied your designs or images or text on their tee-shirts, you are the one who must take action against them. This action can take the form of a DMCA takedown notice to the online site that hosts the infringing material, it can be in the form of a cease and desist letter and/or a settlement demand letter, or it can be an infringement lawsuit.

 

[FlyingRon]

Providing "contact information" though is not quite the same thing as providing the information needed to file a lawsuit against the other person.

Correct, but it's all the online service company likely has.

 

[quincy]

Correct, but it's all the online service company likely has.

Right. It is often only the starting point for what can be a lengthy process.

 

[GustavHeinemann]

Sorry - this forum is for US law matters only.
Furthermore, we couldn't tell you if the site is legal or not.

iOffer have their seat in the USA

Do you reside in the U.S.? If so, what is the name of your state? If not, what is the name of your country?

I want to do this T-Shirt Business in New York or LA

Providing "contact information" though is not quite the same thing as providing the information needed to file a lawsuit against the other person.

So, I will get from iOffer only an E-Mail adress from the seller, not more?
Won't they give more information of the seller because they don't have to, or they have to but they will excuse themselves with some privacy/data protection stuff?

 

[quincy]

iOffer have their seat in the USA


I want to do this T-Shirt Business in New York or LA


So, I will get from iOffer only an E-Mail adress from the seller, not more?
Won't they give more information of the seller because they don't have to, or they have to but they will excuse themselves with some privacy/data protection stuff?

You often must subpoena the account information which means you often must file a legal action first.

And there might be little else than name and email address available for account information.