In order to ensure that your products are genuine you should purchase BURBERRY products from any of BURBERRY's own retail stores or authorized stockists (i.e., authorized retailer), a list of which can be obtained by calling (212) 707-6700 in the USA or 07000 785 676 in the UK. 

FREQUENTLY ASKED QUESTIONS:

1. Why has my auction been removed?

2. How did BURBERRY determine that my auction offered for sale goods that were counterfeit or otherwise infringing?

3. Why was I allowed to post my auction if it violates the law?

4. Why was my auction removed while many other auctions offering BURBERRY items for sale remain up?

5. Why was I not informed directly by BURBERRY before I was reported to eBay?

6. Can I use the word BURBERRY in an auction heading even if I am not selling a BURBERRY item?

7. I believe that the item I am offering for sale is authentic BURBERRY merchandise, how can I tell?

8. Why is BURBERRY concerned with my sale of a single piece of unauthorized BURBERRY product?

9. Can I post an auction that expressly states that the Item is NOT GENUINE BURBERRY or refer to it as BURBERRY-STYLE, BURBERRY INSPIRED or any similar phrase?

10. I would like to have an item I purchased from eBay verified for authenticity by BURBERRY, can I bring this item to a BURBERRY store for verification?  May I list my item as authenticated by BURBERRY?

11. What if I was unaware that the merchandise I was selling was not authentic BURBERRY merchandise?

12. Why was my auction removed when I have not made any reference to BURBERRY in my title or description?

13. Why was my auction for the sale of fabric removed?

14. I believe that the item BURBERRY reported is authentic BURBERRY merchandise.  How can I get my auction reinstated?

A:        BURBERRY is committed to the strict enforcement of its trademarks and other intellectual property rights.  We have requested the removal of your auction because BURBERRY has a good faith belief that the merchandise you were offering for sale is counterfeit or otherwise infringes our trademarks and thus is in violation of the law.  Please note that the offer of genuine goods for sale in certain countries where they are not authorized to be sold by the trademark owner still constitutes trademark infringement. 

A:        Due to the nature of eBay and the Internet, this determination was based upon the photograph(s), title of the auction and/or the description of the goods that you have provided.  If your auction was terminated upon our request, we are satisfied with our determination that this item is not authentic. 

A:        Unfortunately, eBay maintains that it cannot conduct a comprehensive pre-screening process to account for such violations.  Therefore, the ability to post such auctions of infringing merchandise DOES NOT mean that the sale of such merchandise is legal, authorized or that it does not infringe our trademarks.

A:        Due to the nature of eBay, it is impossible to address every auction related to our brand.  This, however, does not mean that because some auctions are not removed they are not also breaking the law.  If you wish to send us auctions that you believe infringe our trademarks, we invite you to do so.

A:        Given the volume of auctions dealing with BURBERRY related products; it would be both impractical and inefficient for BURBERRY to contact each seller individually.  For these reasons, eBay has established the VeRO program  to assist us in our brand protection efforts and take additional actions in accordance with its user policies. 

A:        NO.  BURBERRY maintains a registered trademark in its name, including its use for retail services, and this prohibits the use of our name in relation to goods that do not originate from BURBERRY.  Therefore, it is both misleading and infringing to use the trademark BURBERRY in an auction title or description because such use may attract buyers who are searching for authentic BURBERRY goods.  Additionally courts have held that this confusing practice of enticing buyers, referred to as “initial interest confusion” is a form of trademark infringement, even though consumers may ultimately realize the goods offered for sale in an auction do not originate from BURBERRY.  This practice is an attempt to exploit the goodwill associated with the BURBERRY name and will not be tolerated.

A:        BURBERRY is not willing to disclose the specifications of genuine BURBERRY merchandise so as to prevent this information from reaching manufacturers of counterfeit merchandise. We can assure you, however, that all authentic BURBERRY products are made using superior materials, quality and workmanship.  The ONLY way to ensure that you have purchased an authentic BURBERRY product is to purchase it directly from a BURBERRY store or one of our authorized retailers.

A:        BURBERRY takes all matters of infringement seriously regardless of the quantity of items listed for sale.  We cannot grant exceptions to anyone simply because the infringement concerns only one or two items.

A:        NO.  A disclaimer regarding the lack of authenticity of the goods, such as fake, faux, BURBERRY-Style, BURBERRY-like etc., is illegal under laws which prohibit the sale of counterfeit/infringing merchandise.  These products are still in violation of our trademark rights and BURBERRY will enforce these rights with the same force as those which claim to be authentic.

A:        NO.  Because BURBERRY performs its authenticity determinations with great care and attention, it is not feasible to offer this service to the general public.  In addition, though our sales people are professionals who are very knowledgeable about our product line, they are not able to make authenticity determinations.  The only way to be assured that you have purchased an authentic BURBERRY product is to purchase it directly from one of our BURBERRY stores or an authorized retail store; otherwise authenticity cannot be guaranteed or verified by BURBERRY.

A:        Ignorance of the law or innocent intent is not a defense to trademark violations.  The law maintains that it is YOUR responsibility to ensure that your activities do not in any way violate the intellectual property rights of others; otherwise you will subject yourself to liability which cannot be avoided by claiming ignorance.

A:        In this case, you have most likely offered for sale an item that displays an identical or confusingly similar version of our BURBERRY CHECK trademark.  Any item, which is not authentic BURBERRY merchandise, that incorporates a check that is either identical or confusingly similar to the BURBERRY CHECK trademark, violates the rights afforded to BURBERRY under this trademark.

A:        If you made no reference to BURBERRY in your auction, yet your fabric auction was removed, it may be because the fabric incorporates our BURBERRY CHECK trademark and is therefore infringing.   BURBERRY stores and authorized retailers do not sell fabric and so your fabric is likely to be counterfeit.

A:        If you believe that your auction was erroneously reported to eBay, please send an email to the BURBERRY contact person that eBay has provided you.  In your email, you must include the following:  (1) the auction number, (2) the exact title used in the auction, (3) the exact description used in the auction, (4) your eBay seller ID, and (5) attach the pictures of the item that were posted in the removed auction.  If BURBERRY agrees that it erroneously reported your auction, we will send an email to eBay, with a request to reinstate the auction.  However, please note that reinstatement is entirely at eBay discretion