Q: Why did my auction get shut down?
A: Your auction was most likely terminated because it displayed unauthorized reproductions of copyrighted images or trademarks owned by Fossil, or because it offered for sale unauthorized merchandise.
Q: Why was I not informed directly by Fossil prior to my auction being shut down?
A: For reasons of speed and efficiency, as well as the large volume of Fossil items on eBay, it is not feasible for Fossil to contact sellers directly.
Q: Why did eBay allow me to post my auction if it is illegal?
A: eBay cannot conduct a comprehensive pre-screening process to account for all violations. As such, the ability to post auctions of infringing merchandise, trademarks or copyrighted material does not mean that the auction is legal.
Q: What if I did not know I was infringing on Fossil’s trademarks?
A: Innocent intent does not negate liability under state and federal copyright and trademark laws.
Q: Can I still list my items if I explicitly state it is “not genuine,” “Fossil-like,” “Fossil-inspired” or any other similar phrase?
A: No. Disclaimers regarding the authenticity of goods do not satisfy state and federal copyright and trademark laws.
Q: If I am selling a legitimate item of Fossil merchandise, can I use Fossil’s ad in my listing?
A: No. The use of Fossil trademarks, logos or copyrighted photographs to promote the sale of the item or make your auction more appealing will constitute infringement.