If you offer goods you no longer need on an Internet platform, you need to be careful!
By now, most consumers know that the resale of counterfeit goods is forbidden. But even if you are completely sure that the products you want to sell are original, caution is required.
Original goods
If you didn't buy the branded products in a shop in an EU Member State or within the EEA, but in the USA or Asia, you are not allowed to offer it to customers in the EU/EEA, because the owner of the trademark still holds the copyrights for those products within the EU/EEA.
Creating the offer for sale
Who sells or auctions his goods online, usually references it with a significant description and product photos. To take such texts and pictures from the Internet (without charges or a registration) is tempting.
Those "works" are also protected by copyrights. Without the permission of the photographer or the author of the product description (if it exceeds a list of technical product features), you are not allowed to use the photos and texts! If you can't find terms of use on the website, directly contact the rights holder (contact details can be found in the imprint).
Note: Indicating the source is not sufficient! You don't gain the right to use foreign content just by referencing to the source.
03.04.2011
