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Orange · Joined: 13 Oct 2007 Posts: 1 Location: Uk

Hi - I am after some advice please.

I work full time but have been looking for a way to earn additonal money. One of the things I have tried is selling wheel trims over the internet, specifically through EBay. I first got the idea to sell wheel trims after attending many car auctions and seeing a regular seller of accessories seeling them. I contacted the supplier of the wheel trims and purchased a number of various sizes and styles and advertised. I sell on average 1 -2 a day this way.

The wheel trims are produced in Italy and bear the logo of manufacturers such as Toyota, Ford etc. They are clearly advertised as `non-fgenuine' and not made by the manufacturer.

I was contacted by Toyota and Ford who are threatening legal action against me for selling items which bear logos. I contacted my supplier who has confirmed that they experienced legal action to prevent them making the wheel trims and selling them, however Italian law states that it is the consumers right to purchase these non genuine items to maintain the stye and look of their cars without buying genuine items. I understand that stems from European law which states that car accessories are except from the normal trademark/logo principles.

My questions are - Despite Ford and Toyota threatening me with prosectution, how likely is it that they will actually do so for a very smal player such as myself, when these items are being sold elsewhere in greater numbers and more importantly can I sell these wheel trims as long as I am stating clearly that they are non-genuine items, which is what I have been doing.

I would be grateful for any advice please.

Kind regards - Mike

Dan · Site Admin Joined: 30 Jun 2002 Posts: 124 Location: UK

i'm not qualified to say either way (and would suggest you seek legal adive), but thought this might be interesting to READ THIS

Saying they are 'non-genuine' probably gives no legal protection when someone elses trademark is being used without authorisation.

Hope that helps ?!?!?

juco · Joined: 18 Sep 2007 Posts: 59 Location: scotland

I am no expert but had a similar experience with ebay taking the ad off, it was ink cartridges and I had advertised using names of printers they could be used for.
I re worded the the ad taking out the original manufacturers name and I took a close up pic that showed the label advising on what printers they could be used on.
I am not sure how legal it was but I never got taken off again although I only had a couple of dozen to sell.
I also got taken off for selling a btle of whisky (collectors item) I re advertised just selling the bottle and contents do what you want with, and that was ok.
Its in the wording sometimes which allows you to get away with it.
But do be careful, ebay has ground rules for all these things so check it out.