American Eagle Outfitters, Inc. (NYSE: AEO) and its subsidiaries and affiliates (“AEO”) is a leading global specialty retailer offering high-quality, on-trend clothing, accessories and personal care products at affordable prices under its brands American Eagle Outfitters®, Aerie®, Don’t Ask Why®, Todd Snyder® and Tailgate® (“Brands”). The company operates more than 1,000 stores in the United States, Canada, Mexico, China, Hong Kong and the United Kingdom, and ships to 81 countries worldwide through its websites. American Eagle Outfitters and Aerie merchandise also is available at 138 international stores operated by licensees in 22 countries. For more information, please visit www.ae.com.
AEO holds the worldwide rights to trademarks used in connection with the Brands, including, but not limited to: “AE,” “AEO,” “American Eagle,” “American Eagle Outfitters,” “Live Your Life,” “Aerie,” Tailgate,” Todd Snyder,” “Don’t Ask Why,” and the Flying Eagle Design. These trademarks are protected throughout the world. AEO also owns the rights in Brand advertising and promotional materials under copyright law.
AEO enforces its intellectual property rights through the eBay VeRO program and through litigation. Before buying and selling Brand goods on eBay, buyers and sellers should inform themselves about AEO’s intellectual property rights.
AEO works hard to remove all unauthorized uses of its intellectual property from eBay. AEO regularly monitors the Internet, including auction sites like eBay, in order to identify potential infringements of its intellectual property rights. However, it is difficult to identify and remove every identified infringement. Although you may identify other third parties who are infringing AEO’s rights, this does not give you the right to infringe AEO’s rights as well. We appreciate learning about these listings, and we appreciate reliable information about the sale of counterfeit AEO merchandise. To the extent possible, we keep confidential the identity of informants.
Counterfeits: The sale of counterfeit merchandise is prohibited on eBay and exposes the seller to both criminal and civil penalties. Sale of counterfeit AEO products will result in removal of the auction, and could include a subsequent enforcement action from AEO against the seller. Ignorance of the law or innocent intent is not a defense to violating the intellectual property rights of others. Additionally, the fact that a product is being sold on eBay provides no guarantee that it is a genuine Brand product.
Trademarks: As well as trademark rights developed through use, AEO’s trademarks are registered throughout the world. Any use of AEO’s trademarks or service marks without the express written permission from AEO exposes sellers to an infringement claim and a possible lawsuit. The following is a list of some of AEO’s key trademarks and service marks:
Copyrights: AEO owns exclusive rights in images and associated advertising and promotional materials that are protected under copyright law. Any unauthorized use of copyrighted material owned by AEO will result in removal of the infringing auction. You may use your own images of AEO product provided that such images are not substantially similar to AEO images.
The only authorized distributors of AEO merchandise are:
- AEO Stores
- AEO Factory Stores
- Authorized Third Party Sell-Off Vendors
Before commencing an auction that includes AEO product, you must ensure that your auction does not violate AEO’s intellectual property.
Frequently Asked Questions
Q: Why was my auction terminated?
A: The auction is believed to include a counterfeit item or is otherwise an infringement of AEO’s intellectual property.
Q: Why didn’t AEO contact me directly to discuss an auction that was terminated?
A: Due to the volume of auctions, it is not possible to contact each seller directly, and the VeRO program is designed to manage this issue.
Q: Can I use an image from AEO’s website(s) on my auction?
A: No. Any unauthorized use of images belonging to AEO is not permitted and will result in the termination of the auction.
Q: What if I was unaware the merchandise I was selling was not authentic AEO merchandise?
A: Ignorance of the law or innocent intent is not a defense to violating the intellectual property rights of others.
Q: Can I post an auction for counterfeit AEO products if I include a disclaimer that the item is not authentic or is fake?
A: No. The sale of counterfeit merchandise is prohibited on eBay and exposes the seller to both criminal and civil penalties. Sale of counterfeit AEO products will result in removal of the auction, and could include a subsequent enforcement action from AEO against the seller.
If you have other questions, please send them to firstname.lastname@example.org or email@example.com, or write to us at American Eagle Outfitters, Inc., Attn: Legal Department – Intellectual Property Counsel, 77 Hot Metal Street, Pittsburgh, PA 15203.
To view or purchase authentic AEO products, please visit www.ae.com or one of our stores.