Pacific Market International, LLC
Aladdin® / Stanley®
Last Revised: December 8, 2010
In 2005, Pacific Market International, LLC (“PMI”) acquired from Aladdin Industries, LLC all worldwide rights in the well-known ALADDIN® and STANLEY® trademarks for use in connection with food and beverage containers.
PMI is committed to providing consumers with simple, stylish solutions, and is guided by the principles of sustainability, community, teamwork, accountability and integrity. For us, these principles are more than words -- they’re the foundation for everything we do. At PMI, we design, manufacture and market a variety of innovative food and beverage solutions designed for busy lifestyles. By using advanced technologies, materials and research, PMI has extended the beloved ALADDIN® and STANLEY® brands into the future while remaining rooted in our past.
Lifestyle products have been marketed under the ALADDIN® brand since 1908 – from character lunch boxes to stylish mugs to tote morning coffee. PMI is committed to creating new and unique food and beverage solutions under the ALADDIN® brand to fit the active lifestyle of today’s consumer – products that are sustainable, stylish and, above all, functional.
Passed down from generation to generation, the STANLEY® bottle, now in its 95th year, is an icon. It has survived 4,000 foot drops from planes, been run over by tractors, and has even stopped bullets. The innovation that sparked a revolution in vacuum insulation continues to grow. Today, the STANLEY® brand continues to deliver durable food and beverage gear for rugged, active lifestyles and is dedicated to this simple promise: buy STANLEY® gear, get a quality product, guaranteed for life and BUILT FOR LIFE®.
In order to maintain a high level of customer satisfaction and our reputation for selling only high quality merchandise, PMI carefully controls the distribution of its ALADDIN® and STANLEY® products. We do not sell our products to liquidators or sell overstock or surplus products through discount resellers.
Unfortunately, unscrupulous sellers are auctioning on eBay, inferior or counterfeit food and beverage containers bearing the ALADDIN® or STANLEY® brands. The manufacture and sale of counterfeit goods can lead to both civil and criminal liability.
PMI owns the following United States trademark registrations, among others: (1) ALADDIN (U.S. Registration No. 501130); (2) ALADDIN (U.S. Registration No. 765290); (3) ALADDIN (U.S. Registration No. 3342129); (4) ALADDIN (U.S. Registration No. 3628712); (5) ALADDIN (U.S. Registration No. 3811366); (6) ALADDIN (U.S. Registration No. 986686); (7) ALADDIN SUSTAIN (U.S. Registration No. 3588860); (8) STANLEY (U.S. Registration No. 643096); (9) STANLEY NINETEEN13 (U.S. Registration No. 3725445); and (10) BUILT FOR LIFE (U.S. registration No. 3170470).
Selling or distributing products that are not made by PMI but depict or include trademarks or copyrighted material of PMI constitutes trademark infringement, trademark dilution, unfair competition and/or copyright infringement. PMI has a legal responsibility to enforce its trademarks, copyrights and other intellectual property rights against unauthorized use. PMI monitors the internet, including auction sites, and rigorously and aggressively protects its trademarks and copyrights.
For information on genuine ALADDIN® and STANLEY® products, please visit www.pmi-worldwide.com.
FREQUENTLY ASKED QUESTIONS
Q: Why was my auction terminated?
Based upon your auction's title, description, and/or photograph(s), your auction was removed from eBay for one or more of the following reasons:
(1) the item you are selling is considered to be an infringing or unlicensed product that uses trademarks or copyrighted material of PMI;
(2) your auction listing included one or more unauthorized reproductions of copyrighted images owned by PMI; and/or
(3) your auction listing included reference to the ALADDIN® or STANLEY® trademark when the product being sold is not a genuine PMI product.
PMI notifies eBay of auction listings containing unauthorized uses of its trademarks and/or copyrights and auction listings which feature PMI trademarks when the item for sale is not a genuine PMI product. eBay then takes the necessary action to ensure compliance with its user policies, which includes removing the auction from eBay, and sometimes, when there are repeated violations, prohibiting the seller from listing other auctions.
Q: How did PMI determine that my auction offered products that were counterfeit or otherwise infringing?
A: Due to the nature of eBay, this determination was based upon the photographs (style, fabrics, labeling & packaging), title of the auction and the description of the goods that you provided.
Q: I believe that the item PMI reported is an authentic ALADDIN or STANLEY product. How can I get my auction reinstated?
A: If you believe that your auction was incorrectly reported to eBay, please send an email to firstname.lastname@example.org with the following information: (1) your seller ID & auction number; (2) the exact title & description used in your auction; and (3) clear pictures of the item that were posted in the auction including all labeling and packaging. If your item was incorrectly reported, PMI will inform eBay so you can reinstate your auction.
Q: Why was I not informed directly by PMI before I was reported to eBay?
A: Due to the nature of eBay and the volume of auctions it is impractical for PMI to contact each seller regarding individual auctions. PMI uses the VeRO program as the most efficient method of reaching its primary objective on eBay, which is to decrease the volume of infringing products being offered.
Q: Why was my auction terminated when there are other auctions on eBay that seem to infringe the intellectual property rights of PMI?
PMI works diligently to ensure that all unauthorized uses of its intellectual property are removed from eBay. When an auction listing that improperly uses PMI trademarks and/or copyrights comes to its attention, PMI reviews the matter and takes appropriate action. However, because of the high volume of merchandise for sale on eBay, it is difficult to identify and remove every unauthorized item. The fact that others may be selling products that infringe intellectual property rights of PMI does not give you the right to do so. If you become aware of a listing that you believe may be violating intellectual property rights of PMI, please send information about the auction, the seller name and the eBay item number to: email@example.com.
Q: Why did eBay allow me to post my auction?
Under eBay policies, it is the responsibility of the intellectual property owner to monitor improper uses of its trademarks and copyrights and to enforce its intellectual property rights. eBay does not pre-screen auctions. The fact that eBay permitted your item(s) to be listed for sale does not mean that the sale is legal or that the item(s) do not infringe trademarks and/or copyrights of PMI.
Q: If I purchased a genuine PMI product, may I re-sell the item on eBay? May I use the ALADDIN® and STANLEY® trademarks to do so?
You may do so only if the following guidelines are obeyed. First, what is being offered must be a genuine PMI product that is in its original, unaltered form. If you have altered or adapted the product in any way the product no longer constitutes a genuine PMI product.
Secondly, the genuine PMI product may only be offered to persons in the country in which you purchased this item. Selling a product on eBay aimed at consumers in different countries amounts to parallel importation of those goods, and may in certain circumstances infringe PMI’s trademarks and other intellectual property rights.
Q: I'm just a seller. Why doesn’t PMI go after the manufacturer/distributor?
PMI does pursue the manufacturers and distributors of products which infringe its trademarks. However, under the law, the seller, as well the manufacturer and the distributor of such products, is responsible for trademark infringement. It is trademark infringement to sell a product containing markings which are likely to lead prospective customers to believe they were receiving a genuine PMI product. PMI would appreciate receiving information about where you bought the product you listed so that we can further investigate the source.
Q: Why does PMI care if I sell a single, knock-off PMI product?
PMI has made great efforts to develop and maintain its reputation for quality. When you sell counterfeit or knock-off merchandise you are attempting to trade off the well-earned reputation of PMI. All sales of such goods damage the reputation of PMI and may deceive unsuspecting purchasers because purchasers of inferior non-PMI products may incorrectly attribute the poor quality of the merchandise to PMI.
Q: Why can't I use the word ALADDIN or STANLEY for food and beverage containers in my heading even though I am not selling a PMI product?
Your use of the trademarks and copyrighted works of PMI for non-PMI products will likely mislead others into believing that your listing is authorized, sponsored, or associated with PMI. Further, it may dilute the value of the intellectual property rights of PMI, in violation of both state and federal laws. Even if some consumers realize that an auction has no connection to PMI, such conduct takes unfair advantage of the name and reputation of PMI, is trademark infringement, and is illegal. It is also against eBay rules.
Q: Why can't I describe my item as “ALADDIN-STYLE,” “STANLEY-LIKE,” or similar phrases?
ALADDIN and STANLEY are trademarks of PMI; they indicates source and quality. The ALADDIN and STANLEY marks are not styles or grades. If you misuse the ALADDIN and STANLEY trademarks in that manner, you are violating federal and state trademark laws. Further, your listing would violate eBay policies. For eBay’s policy, see: http://pages.ebay.com/help/policies/search-manipulation.html ("Brand names, celebrities, or other product details can't be specified in a listing if you're not selling an item by those brands.”).
Q: May I list an item if I expressly say that it is an NOT ALADDIN or NOT STANLEY, ALADDIN FAKE or STANLEY FAKE or ALADDIN KNOCK-OFF or STANLEY KNOCK-OFF?
No, this is contrary to both eBay policies and trademark law. The manufacture, distribution, and/or sale of unlicensed, counterfeit goods is illegal. A disclaimer regarding the authenticity of goods does not serve to release you from liability. Further, your listing would violate eBay policies. For eBay’s policy, see: http://pages.ebay.com/help/policies/search-manipulation.html ("Brand names, celebrities, or other product details can't be specified in a listing if you're not selling an item by those brands.”).
Q: May I scan an image of an ALADDIN or STANLEY product from the PMI website and paste the image into my eBay auction?
No. Any unauthorized reproduction, display or distribution of the copyrighted images of PMI is against the law. However, you may take a photograph of the item you are selling and use it in your auction.
Q: What if I did not realize that I was infringing the intellectual property rights of PMI?
Your ignorance does not absolve you from liability under United States trademark or copyright laws. As a seller, you have a responsibility to investigate and ensure that your actions do not violate someone else’s intellectual property rights.
Q: If I promise not to sell counterfeit/infringing ALADDIN or STANLEY products again, will eBay reinstate my account?
A: PMI has no control or influence over eBay’s policies and cannot assist eBay users who have had their user accounts suspended or cancelled. The reinstatement of accounts is entirely at eBay’s discretion.
NOTE: If your e-mail requests information that is already contained in this AboutMe page, you will not receive a response. If you have other questions, please send to: firstname.lastname@example.org and provide us with the eBay item number, which appears in the message sent to you from eBay.