Nike Inc is the registered proprietor of a number of trade marks, design marks, patents and copyright material, registered here in the
United Kingdom and Ireland, in relation to a considerable range of goods and services. For more information relating to Nike Inc marks, please refer to the Intellectual Property Office’s website (www.ipo.gov.uk).
eBay are committed to helping protect the intellectual property rights of rights owners and to providing their users with a safe and enjoyable place to trade. For this reason eBay have created the Verified Rights Owner (VeRO) Programme. Nike Inc (UK & Ireland) is a member of the VeRO Programme and this allows us to report and remove listings that infringe our rights. Additionally, should we require, we are able to request and obtain users personal seller information.
We monitor eBay on a daily basis, identifying and removing auctions which we believe infringe our rights. We take the protection of our intellectual property rights extremely seriously and thus we take action, as and when necessary, against users that we find manufacturing, selling, or advertising for sale counterfeit products.
Information For The Buyer:
Counterfeit products can often be of very high quality and thus it can be difficult for buyers to tell whether products on sale are genuine. Unfortunately, there are many infringing items on eBay and it can be difficult to track them all down and remove them as soon as they are placed on eBay.
We cannot guarantee the authenticity of any Nike item being sold on eBay. The only way to ensure that a Nike product is genuine is to buy direct from www.nike.com, or from any of our authorised dealers (www.nikebiz.com).
Nike does not produce products bearing the marks of Louis Vuitton, Gucci, Burberry, Ferrari or BMW. These goods will be classified as counterfeit. Additionally Nike does not sell seconds, damaged goods, or variants.
We welcome any information regarding the sale of counterfeit Nike products. You can contact us by email at firstname.lastname@example.org. Please note we will not always be able to reply to all correspondence.
Information For The Seller:
If you are considering re-selling any of our products on eBay, then this is perfectly fine, so long as it is sold on in its original form, without any alterations. However, it is not possible to re-sell any items, without prior consent from Nike Inc, that were originally sold outside the European Economic Area (EEA).
If you have had an auction removed, this will be because we have requested this. An infringement will occur even when the use of our logo is coupled with a statement by a seller that the items are not genuine. This will be treated in exactly the same way as any other infringement and we will use our best endeavours to ensure the item is removed. It is an offence to offer, sell or have in possession for distribution, item’s that infringe trade mark registrations (Trade Marks Act 1994).
If you have a query regarding an auction we have removed, please provide details of the auction number, auction description and your eBay user ID and contact us at email@example.com
Frequently Asked Questions (FAQ):
Q: Why was my auction terminated?
A: If one of your auctions has been removed from eBay this is because we believe that it infringes our intellectual property rights. For example, it may be an unauthorised copy of an official Nike product, or an item incorporating our intellectual property rights, that we do not sell, or licence anyone else to do so.
We have made the decision regarding the authenticity of the item based on the photograph and the description of the product, as well as other less tangible aspects of the auction. We cannot physically see the product listed on eBay, which means we have limited information at our disposal. We work diligently to try to ensure that only items infringing our intellectual property rights are removed.
If we ended your auction, we felt comfortable with our assessment that the item you were selling infringes our intellectual property rights.
Q: Why did eBay allow me to list my auction if it violates their VeRO policy?
A: eBay’s policy is that it is not practical to conduct a comprehensive pre-screen of their auctions. Therefore, certain impermissible items are allowed to be listed and are only detected and removed after the listing.
Q: Why didn’t Nike contact me directly before reporting my auction to eBay?
A: eBay is responsible for the items posted on its auction site. Given the number of Nike items listed on eBay, it would take an even larger commitment of time and resources for Nike to contact each seller individually. Unfortunately, it is not possible for us to do this.
Q: Why was my auction singled out when there are other auctions on eBay that infringe Nike’s intellectual property rights?
A: Nike would like to remove all infringing auctions from eBay, however given the volume of auctions being sold on eBay, it is extremely time consuming and difficult to remove every infringing auction. The fact that others are selling products that infringe our intellectual property rights does not give you or anyone else the right to do so. If you believe that an eBay member is selling counterfeit Nike products, please send an email to firstname.lastname@example.org identifying the seller and the auction in question.
Q: If I purchased a legitimate Nike item, can I re-sell the item on eBay?
A: Yes, you can re-sell genuine items that you purchased in their original, unaltered form, without any alterations. However, it is not possible to re-sell any items, without prior consent from Nike Inc, that were originally sold outside the European Economic Area (EEA). It does not matter whether the product being imported is genuine, new, or second hand.
Q: Can I list an item if I clearly indicate that it is ‘Replica’, ‘Unofficial’, ‘Knock Off’ or ‘Fake’?
A: No. Manufacturing, distributing and/or selling unlicensed goods infringes our intellectual property rights and carries civil and/or criminal penalties. Saying the goods are not genuine does not save you from liability (a disclaimer in legal).
Q: Can I use Nike Inc trade marks, design rights, or copyright material to make my auction look appealing?
A: No. Use of our trade marks, design rights, or copyright material wrongfully implies that your auction is authorised, sponsored, approved, or endorsed by us.
Q: What if I didn’t realise that I was infringing Nike’s intellectual property rights?
A: It is your responsibility to ensure that your actions do not infringe our intellectual property rights. Ignorance or lack of knowledge is not a defence under most intellectual property laws.
Q: How can I determine whether an item for sale on eBay is a genuine Nike product?
A: We cannot guarantee the authenticity of any Nike item being sold on eBay. The only way to ensure that a Nike product is genuine is to buy direct from www.nike.com, or any of our authorised dealers (www.nikebiz.com).
Q: Can Nike verify the authenticity claims of products for sale on eBay?
A: Nike Inc is unable to guarantee the authenticity of any items for sale on eBay. Nike will not compensate any person that purchases counterfeit products from an eBay seller, nor replace such products with genuine products. If you believe that an eBay member is selling counterfeit Nike products, please send an email to email@example.com, identifying the seller and the auction in question.
Q: Why does Nike care if I sell a single piece of unauthorised Nike product?
A: Nike has spent considerable resources in developing and maintaining its reputation and our intellectual property rights. Counterfeit products unlawfully trade off our reputation and cause us reputation and monetary damage. Having built up our reputation over the years, we must take action to ensure that online auctions of counterfeit goods are removed, even by single item sellers.
Q: How do I contact Nike Brand Protection?
A: Our email address is firstname.lastname@example.org. For enquiries relating to eBay, please put ‘eBay Enquiry’ in the subject field.