FCA – FIAT CHRYSLER AUTOMOBILES
Headquartered in Auburn Hills, Michigan, FCA US is a member of the Fiat Chrysler Automobiles N.V. (FCA) family of companies. FCA US designs, engineers, manufactures and sells vehicles under the Chrysler, Jeep®, Dodge, Ram and FIAT brands, as well as the SRT performance vehicle designation. The company also distributes the Alfa Romeo brand and Mopar products.
FCA US LLC is the owner and licensee of these legendary and trademarked brands. FCA US LLC owns trademarks on the individual nameplates for our vehicles, such as 300, Pacifica, Wrangler, Challenger, Charger and Ram 1500; trademarked symbols, such as the Pentastar, Ram’s Head logo, Chrysler Wing Badge, Jeep® Seven-Slot Grille and Mopar Omega M; our HEMI, Pentastar and SRT Hellcat engines; and many other trademarks used in the marketing and service of FCA US LLC vehicles. Additionally, FCA US LLC owns the copyright on all materials created and published by FCA US LLC, in all formats, including but not limited to print and electronic. FCA US LLC continues to own trademarks on our legacy and historic brands and nameplates, such as Plymouth, Prowler, PT Cruiser, Scat Pack and Super Bee.
FCA US LLC is a member of the eBay VeRO program and FCA US LLC strictly enforces its intellectual property rights, including but not limited to its trademarks and copyrights.
If FCA US LLC removed your auction from eBay, it was because one or more items offered in your auction infringed on (used or featured) one or more of FCA US LLC’s trademarks or copyrights and was therefore, by legal definition, counterfeit. FCA US LLC’s assessment that your auction offered counterfeit items was based on the image(s) and / or description of the materials in your auction. FCA US LLC firmly believes the items were produced without FCA US LLC’s permission to do so, regardless of whether or not the items were produced by you.
It is illegal for anyone to create goods for sale that bear other’s trademark unless the creator has written permission directly from the trademark owner. There are no exceptions. It is also illegal to resell such goods, even when they have been purchased in good faith from someone else. If you are purchasing goods for resale, you should make sure that you can legally resell them. Merely taking the word of the person you purchased them from can leave you at risk of having your auction removed, or worse, criminal prosecution. Your seller may not know that the goods are counterfeit, but even if the seller does know, he or she could be misleading you.
Note that making minor changes to the shape of a logo or changing the words inside of a logo does not change this. Trademark laws include protection against “confusingly similar” marks. There is no percentage of change to an owned mark that creates a safe harbor for the unauthorized use of that mark.
You do have the right to use FCA US LLC’s word trademarks Chrysler, Dodge, Fiat, Jeep®, Ram or Mopar in truthful, informational statements descriptive of what you are selling. So, if you sell parts and accessories that fit a Ram Truck but were not made by FCA US LLC, you may call them “Parts for Ram Trucks” (but not “Ram Truck Parts”). Likewise, you may use Mopar in describing genuine Mopar parts (but NOT as a generic description for FCA US LLC vehicles or replacement parts for them).
You do have the right to resell, without the need for a license or other permission, genuine, authorized goods obtained legally. Bear in mind that the fact that you purchased the item from another eBay seller does not guarantee it is a genuine, authorized good, or obtained legally.
You don’t have the right to display any FCA US LLC owned logo for any purpose, including where genuine goods are being offered. Only FCA US LLC’s authorized dealers and licensees have the right to use our logos in advertising. (Note that this refers to the display of our logo other than as it appears on product. Logos that are legitimately part of product design can be shown in photos of the product).
You don’t have the right to use FCA US LLC’s trademarks (such as Dodge or Jeep®) in the title of your listing if the entire product offered does not actually come from FCA US LLC.
You don’t have the right to reproduce Chrysler, Dodge or Jeep® technical publications, service manuals or owner’s manuals for any purpose.
eBay's Information on Intellectual Property
eBay offers an excellent tutorial and guidelines to help you prepare listings that are both legally and eBay compliant. Links to eBay's tutorial and guidelines are listed below under the Favorite Links section. Please review eBay's information and guidelines prior to contacting FCA US LLC concerning a listing that was removed.
FCA US LLC is happy to answer questions concerning use of its trademarks. FCA US LLC can be reached at www.fcabrandprotection.com. Please allow five business days for a reply.
Unfortunately, the overwhelming volume of items being offered for sale on eBay make it impossible for us to advise potential buyers if a specific item is legitimate or counterfeit. If you suspect an item is counterfeit, please report the auction to the e-mail address above.
FCA US LLC Brand Protection Web Site (www.fcabrandprotection.com)
eBay Tutorial on Intellectual Property Rights and VeRO (http://pages.ebay.com/help/tutorial/verotutorial/)
eBay’s Guidelines for Preparing Legally Compliant Listings (http://pages.ebay.com/help/sell/compliant-listings.html)