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As of March 28, 2007, this was the information posted on the VeRO Member page for Vera Bradley. eBay headers and such have been removed for readability and the text has been reformatted for easier reading. The content has not been alstered.

VERA BRADLEY®

Vera Bradley® provides this page to assist eBay users in identifying auctions of unauthorized or illegal Vera Bradley merchandise. If you find an auction item that you suspect is unauthorized or illegal, please contact eBay at infringement@ebay.com.

Vera Bradley® is a manufacturer and seller of high-quality quilted cotton handbags, luggage and accessories. eBay gives Vera Bradley® collectors an exciting web-based forum to buy and sell secondary market Vera Bradley® products. For those unfamiliar with the term “secondary market,” this refers to handbags or other Vera Bradley® products that are no longer in the current product line or are “used” or “pre-owned.”

Looking for New Vera Bradley® Products?
You won’t find them on eBay. New Vera Bradley® products are not available on eBay or other Internet auction sites. New products are available only through Vera Bradley® Authorized Retailers. Vera Bradley® Authorized Retailers are not permitted to sell new products through Internet auction services. If you are a consumer reselling a product that has been purchased from a retail store, you may not claim that the product is new when listing it for sale.

If you are interested in purchasing new Vera Bradley® products, contact your local Vera Bradley® Authorized Retailer. To find one in your area, you can access Vera Bradley®’s on-line Retail Store Locator from the company’s official web site – www.verabradley.com.

Buyers Beware
If you see an auction offering new Vera Bradley® products or indicating that the auction is a “pre-sell” for new items, or otherwise suggesting that the goods are “new,” we recommend that you, as a buyer, beware. If you purchase from these sellers, you are not buying new Vera Bradley® items. You are buying used goods from someone who is not affiliated with or approved by Vera Bradley®. Vera Bradley® cannot guarantee the authenticity of goods described as new but sold by someone other than an Authorized Retailer, nor does Vera Bradley® provide any warranties for such goods.

Sellers Be Careful
If you are not a Vera Bradley® Authorized Retailer, your use of Vera Bradley®’s trademarks to solicit orders for new Vera Bradley® products, and any representation by you that the products you are offering for sale are new Vera Bradley® products, when in fact they are used, will be misleading. Any such use of Vera Bradley®’s trademarks could suggest that your auction of a Vera Bradley® product is associated with or approved by Vera Bradley®. This would not be true. In addition, if you suggest that your goods are new, but you are not able to provide new products to purchasers, this would be false advertising. These activities violate Vera Bradley®’s rights and are actionable under federal and state trademark and unfair competition law. We review items for sale on eBay regularly. If we observe an auction misusing Vera Bradley®’s trademarks in these ways, we will ask eBay to disable the auction. If you persist, Vera Bradley® will not hesitate to take additional actions needed to protect its valuable intellectual property.

Further, any use by you of any images, text or other material that was created by or is used by Vera Bradley® or its Authorized Retailers in connection with the sale of authorized Vera Bradley® products could subject you to liability under federal law.

Frequently Asked Questions (FAQ)
Q: Why was my auction suspended?

A: Vera Bradley® is very serious about enforcing its trademarks, copyrights and other intellectual property rights and policing against the unauthorized distribution of its handbags, luggage, accessories and other proprietary materials. Vera Bradley® representatives regularly monitor the Internet, including auction sites. As part of this effort, Vera Bradley® representatives will notify eBay of auctions which infringe upon its intellectual property rights or involve the sale of unauthorized products, and eBay will take actions in accordance with its user policies. Please refer below for answers regarding the auction of particular Vera Bradley® items.

Q: Can I auction Vera Bradley® items which are currently available through Authorized Vera Bradley® Retailers?

A: Vera Bradley® products that are still being offered for sale through Vera Bradley®’s Authorized Retailers are not available from Vera Bradley® to individuals for resale, including by eBay auction. Accordingly, any such sale will not be an authorized sale of our products. Therefore, Vera Bradley® cannot, and will not, assume the authenticity or quality of goods sold at auction and no warranties of any kind for Vera Bradley® will apply to such goods. Authorized Retailers of Vera Bradley® products can be found at www.verabradley.com.

Q: What types of Vera Bradley items can I sell on eBay, and what is the legal way to advertise them?

A: Any retired or discontinued product no longer for sale to Authorized Vera Bradley® Retailers is considered a “used” or “pre-owned” collectible and may be sold on eBay as a “secondary market” product. These are used goods that were either manufactured by Vera Bradley® or originally sold by Vera Bradley® through its Authorized Retailers, but are no longer available. If the products you wish to sell fit this description, you may use Vera Bradley®’s name (but not in large or prominent type) on eBay to the extent needed to truthfully describe your goods. Sellers of “secondary market” items may illustrate what they are offering for sale by taking their own pictures of their goods and posting those photos on eBay. You may not scan Vera Bradley®’s catalogs, promotional materials, product packaging or product tags, nor reproduce digitized images on eBay or anywhere else. These actions may subject you to liability under federal law.

Q: If I purchase a legitimate Vera Bradley® product from an authorized retailer, can I re-sell that single item on eBay?

A: You may resell a legitimate Vera Bradley® product as a “secondary market” item on eBay. It would be false advertising, however, if you sell the product in a way that indicates, either expressly or by implication, that the product is new, or that your sale is in any way associated with or approved by Vera Bradley®. Such conduct could subject you to liability under federal and state unfair competition laws.

Q: If I purchase legitimate Vera Bradley® products at the company’s Annual Outlet Sale, can I re-sell those items on eBay?

A: All products sold at the annual Vera Bradley® Factory Outlet Sale are sold on the condition that they will be used solely for personal use and not for resale. Any sale of such goods will be in violation of the condition, and will not be a legitimate sale of Vera Bradley® products.

Q: Can I use the Vera Bradley® catalog, web images or visual properties owned by Vera Bradley® to enhance my auction listing?

A: No. The images or properties are proprietary to Vera Bradley® including in connection with all copyrights relating thereto. Therefore, Vera Bradley® has the exclusive right to reproduce such materials and your use of them will violate such rights, and could subject you to liability under federal law.

Q: I bought a new or current Vera Bradley® product at a flea market or from a web site. If they are allowed to sell it to me, why can’t I sell it to someone else?

A: They are not allowed to sell it. Vera Bradley® makes an effort to prevent the sale of unauthorized products, but some occasionally filter through. However, both their sale and any downstream sales are unauthorized.

Q: What if I didn’t realize I was violating the law or infringing Vera Bradley® rights?

A: Innocent intent is not a defense. You have a responsibility to ensure that your actions do not violate Vera Bradley®’s intellectual property rights. Before auctioning any Vera Bradley® item, you are advised to take affirmative steps to ensure that your auction is consistent with all applicable laws.

Vera Bradley® Copyrights & Trademarks

Vera Bradley®'s Copyrights

You may not scan Vera Bradley®’s catalogs, promotional materials, product packaging or product tags and reproduce the digitized images on eBay or anywhere else. This would be copyright infringement, and it is prohibited by federal law. Vera Bradley® owns the copyright interest in the photos and text that appear in its promotional materials, on its web site, and on product packaging and tags. These materials cannot be lawfully reproduced by anyone without permission from Vera Bradley®.

Vera Bradley®'s Trademarks

The Vera Bradley® name, trademarks and service marks belong to Vera Bradley® and may not be used by anyone or any business without the company’s written permission. Many of these marks are the subject of federal trademark registration. Vera Bradley®’ s trademarks include, without limitation: VERA BRADLEY®, VERA BRADLEY MY HOME®, and VERA BRADLEY CLASSIC®.

None of these marks may be printed or displayed on any materials, goods or signs relating in any way to products like, similar to, or connected with those sold by Vera Bradley® (including but not limited to handbags, luggage, personal accessories, tabletop accessories, stationery and promotional materials for any of the foregoing) without written permission of Vera Bradley®. Any use of these marks that creates any likelihood of confusion is prohibited; and the appearance of any of these marks on non-Vera Bradley goods is likely to confuse the relevant public into wrongly believing that the Vera Bradley® has endorsed, approved or is somehow connected with the goods upon which the marks appear.

Trademark Guidelines for Sellers of Quilted Cotton Handbags, Luggage Accessories and Related Items
Manufactured by Others and any Other Goods that did not Originate with Vera Bradley®

If an item was not manufactured by Vera Bradley® or originally sold by Vera Bradley®, then you may not promote the item using Vera Bradley®’s name and marks. To do so would unfairly trade on the goodwill Vera Bradley® has developed in its marks, unfairly trade on the drawing power of the Vera Bradley® name and goods, and dilute the distinctive quality of Vera Bradley®’s trademarks and brand. This also would be in violation of eBay’s Key Word Spamming Policy.

You may not use any Vera Bradley® mark in the title of an auction for goods of this kind, even in the form “non-Vera Bradley” or “not Vera Bradley” or “for Vera Bradley” or “like Vera Bradley” or “Vera Bradley style.” You may use the Vera Bradley® mark (or other marks of Vera Bradley®) in the text of an auction’s goods description to inform potential buyers that the goods did not originate with the Vera Bradley® company or to make a truthful and non-deceptive comparison of your product to Vera Bradley®’s products. You may not use the VERA BRADLEY® mark or any other mark of Vera Bradley®’s in titles or headings, in prominent type, or in any misleading or confusing way, including suggesting that your auction is in any way endorsed, approved, associated with or sponsored by Vera Bradley®.

Please understand that it is not the intent of Vera Bradley® to be unfair, but rather to protect the designs, names or marks that are originated by or associated with Vera Bradley®. Vera Bradley® is not trying to prevent other people from making or selling competing products according to their own designs and under their own names and descriptions. Our company must, however, object to any course of action by others that would suggest any connection with or endorsement by Vera Bradley® of a non-Vera Bradley® product.

Source:
http://cgi3.ebay.com/ws/eBayISAPI.dll?ViewUserPage&userid=verabradley

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