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DRIES VAN NOTEN is a famous fashion designer and President of the Belgian company VAN NOTEN ANDRIES having its registered address at Godefriduskaai 36, B-2000 Antwerpen, Belgium. VAN NOTEN ANDRIES is represented by GEVERS & ASSOCIATES, Trademark and Design Attorneys with main address at Kouter 1, b3, B-9000 Gent, Belgium (T.: +32 9 2692380 - F.: +32 9 2342475 - E.: joost.muylle@gevers.com).
DRIES VAN NOTEN is a member of eBay's VeRO Program and owns many trademarks and copyright materials worldwide in connection with DRIES VAN NOTEN clothing and fashion accessories. DRIES VAN NOTEN has the legal responsibility to enforce its trademarks and copyrights. Accordingly, DRIES VAN NOTEN provides this page to educate eBay users about auctions that infringe the intellectual property rights of DRIES VAN NOTEN. DRIES VAN NOTEN has the exclusive right to use its copyrighted works and trademarks, which are protected under Belgian, European, U.S. and international trademark laws. Anyone who uses the DRIES VAN NOTEN marks, without DRIES VAN NOTEN's permission, is liable for trademark infringement. Similarly, textual and photographic works produced and published by DRIES VAN NOTEN or its licensees are protected under Belgian, European, U.S. and international copyright laws. Anyone who produces, copies, distributes or displays DRIES VAN NOTEN's copyrights, without DRIES VAN NOTEN's permission, is liable for copyright infringement. Please note that the manufacture, distribution and/or sale of counterfeit DRIES VAN NOTEN merchandise are illegal and carry criminal penalties. DRIES VAN NOTEN has and will continue to pursue those guilty of infringing DRIES VAN NOTEN trademarks and copyrighted materials.
Frequently Asked Questions (FAQ)
Q: Why was my auction terminated?
A: Most likely, your auction was removed from the eBay website because it displayed unauthorized reproductions of copyrighted images owned by DRIES VAN NOTEN or because it offered for sale counterfeit merchandise featuring one of DRIES VAN NOTEN's trademarks. DRIES VAN NOTEN and its representative GEVERS & ASSOCIATES regularly monitor the Internet, including auction sites, in order to protect the intellectual property rights belonging to DRIES VAN NOTEN. DRIES VAN NOTEN or his representative GEVERS & ASSOCIATES notify eBay of auction listings containing unauthorized uses of DRIES VAN NOTEN's copyrights and trademarks and auction listings reasonably believed to offer for sale counterfeit merchandise. eBay then takes the necessary action to comply with its user policies, which include removing the auction from the eBay website.
Q: Why was my auction singled out when there are other auctions on eBay that infringe DRIES VAN NOTEN intellectual property rights?
A: DRIES VAN NOTEN and its representative GEVERS & ASSOCIATES work diligently to ensure that all unauthorized uses of its intellectual property are removed from the eBay website. Given the high volume of merchandise for sale on eBay, and the frequency of newly added auctions, it is difficult to identify and remove every counterfeit and unauthorized item. Failure of DRIES VAN NOTEN to act against an infringing auction does not mean that the auction is not in violation of Belgian, European, United States and international laws.
Q: I scanned an image of DRIES VAN NOTEN merchandise from DRIES VAN NOTEN's website and pasted the image onto my eBay auction. Is this permissible?
A: No. Any unauthorized reproduction, display or distribution of DRIES VAN NOTEN copyrighted images is illegal.
Q: If I purchased an authentic item of DRIES VAN NOTEN merchandise, can I re-sell the item on eBay?
A: Yes. It is legal to re-sell a genuine item that you purchased, in its original, unaltered form. Nevertheless, it is impermissible to use DRIES VAN NOTEN copyrighted photographs to promote the sale of the item. In addition, you cannot use DRIES VAN NOTEN's trademarks and logos to make your auction more appealing. You are prohibited from producing an unauthorized copy of the legitimate merchandise and offering it for sale.
Q: Can I list an item if I expressly say that it is NOT GENUINE, FAKE, or a KNOCK OFF
A: No. A disclaimer regarding the authenticity of goods does not relieve a seller from liability for the manufacture, distribution and/or sale of unlicensed, counterfeit goods. Such activity is criminal and may subject you to the payment of monetary fines and imprisonment.
Q: Can I use DRIES VAN NOTEN logo or other logos or properties owned by DRIES VAN NOTEN to make my auction listing more appealing?
A: No. Use of these DRIES VAN NOTEN logos or other intellectual properties wrongfully implies that your auction is authorized, sponsored, or approved by DRIES VAN NOTEN, and dilutes the value of these logos in violation of laws.
Q: Can I use DRIES VAN NOTEN logo or other logos or properties owned by DRIES VAN NOTEN to create homemade products such as clothing apparel or home furnishings?
A: No. Only DRIES VAN NOTEN and its licensees may use DRIES VAN NOTEN trademarks and copyrighted material in connection with the manufacture, offer for sale, and/or sale of goods or services. Therefore, any sale and/or offer for sale of such homemade products are illegal.
Q: What if I did not realize that I was infringing DRIES VAN NOTEN intellectual property rights?
A: Lack of intent will not relieve an infringer from liability under Belgian, European, United States copyright or trademark laws. You have a responsibility to ensure that your actions do not violate someone else intellectual property rights. Before commencing an eBay auction, you must take affirmative steps to ensure that your auction does not violate the rights of any copyright or trademark owner.
Q: How can I determine whether an item for sale on eBay is authentic DRIES VAN NOTEN merchandise?
A: The only way to determine whether you are purchasing authentic DRIES VAN NOTEN merchandise is to purchase the goods directly from an authorized DRIES VAN NOTEN retailer (e.g., a DRIES VAN NOTEN store or retail store that carries the DRIES VAN NOTEN brand). You can also send your inquiries either to the DRIES VAN NOTEN (www.driesvannoten.be) website or to its representative GEVERS & ASSOCIATES with main address at Kouter 1, b3, B-9000 Gent, Belgium (T.: +32 9 2692380 - F.: +32 9 2342475 - E.: joost.muylle@gevers.com).
Q: Can DRIES VAN NOTEN verify the authenticity claims of merchandise for sale on eBay?
A: DRIES VAN NOTEN cannot guarantee the authenticity of any items for sale on eBay. Similarly, DRIES VAN NOTEN cannot compensate a dissatisfied buyer who purchased counterfeit merchandise from an eBay seller who made false claims of authenticity, nor can DRIES VAN NOTEN replace the counterfeit merchandise with genuine merchandise. If you believe that an eBay member is selling counterfeit DRIES VAN NOTEN merchandise, you may send an email to GEVERS & ASSOCIATES with main address at Kouter 1, b3, B-9000 Gent, Belgium (T.: +32 9 2692380 - F.: +32 9 2342475 - E.: joost.muylle@gevers.com) identifying the eBay seller ID and/or the auction number in question for DRIES VAN NOTEN's review.
Q: Where can I buy authentic DRIES VAN NOTEN products?
A: You can buy authentic DRIES VAN NOTEN products from their stores and authorized resellers (www.driesvannoten.be). |