Spider-Man Merchandising L.P.

Spider-Man Merchandising L.P. provides this page to assist auction site users in ensuring that they deal only with legitimate merchandise and merchandise authorized for resale. This page is also in place to answer usersquestions regarding the cancellation of their auctions. In addition to this page, a good starting point for auction sellers is the Community Standards section on eBay.

If you find an item listed for auction that you suspect is unauthorized, please contact eBay at infringement@ebay.com.

Frequently Asked Questions (FAQ)

Q: Why was my auction suspended?

A: Spider-Man Merchandising L.P., and its related companies have a legal responsibility to protect the trademark, copyright and other property rights associated with the pider-Manmotion picture. Representatives of Spider-Man Merchandising L.P. review auction web sites (and other web sites as well) in order to protect Spider-Man Merchandising L.P. rights. As part of this effort, these representatives will notify auction providers of unauthorized materials and these providers will take actions in accordance with their user policies. Please refer below for the auction of particular Spider-Man Merchandising L.P. items.

Q: What if I bought this item at the flea market, boot sale, from another eBay auction/seller or via a web site?

A: It does not matter where you got the infringing item, even if it was originally purchased on eBay, or whether you paid for it with your own money. If it is infringing, it is illegal to sell.

Q: Can I list an item if I expressly say that it is OT GENUINE OMEMADE OT AUTHENTICor IRATE

A: No. You are still selling unlicensed and unauthorized merchandise. A disclaimer regarding the authenticity of goods, such as ake an not guarantee authenticityand similar disclaimers does not satisfy the laws prohibiting the sale of infringing merchandise.

Q: What if I didn realize I was violating the law or infringing Spider-Man Merchandising L.P. rights?

A: Innocent intent is not a defense under U.S. copyright law. You have a responsibility to ensure that your actions do not violate someone else copyrights. Before auctioning any property relating to a motion picture, you should take affirmative steps to ensure that the item you are selling is unauthorized for resale by the copyright or trademark owner.

Q: Is there an easy way to tell if a pider-Manauction is unauthorized?

A: You can spot many unauthorized items from the auction title and description. Descriptions like an guarantee authenticity,eproductionand ne of a kindare clear signs that the auction item is unauthorized. As an eBay seller, it is your responsibility to ensure that the item you are attempting to sell is the legitimate and authorized.

Q: Can I list Spider-Man Merchandising L.P. collectibles for auction on eBay?

A: The term ollectibleis often used by auction sellers to legitimize the sale of property of Spider-Man Merchandising L.P., which are not intended for resale. This includes stolen property such as movie props and certain items promotional items not distributed to the general public.

Q: Why can I sell U.S. pider-Manone-sheet movie posters that are distributed to the movie theaters in the U.S?

A: These posters are the property of Spider-Man Merchandising L.P. and its associated companies. They are promotional items and not for resale and the resale of these items violates Spider-Man Merchandising L.P. rights.

Q: Why can I sell the pider-Maninternational reprint movie posters?

A: These posters are licensed for sale only outside the United States. No one is authorized to import these posters into the United States or sell the posters in the United States, even if they were originally purchased from a distributor in the United States. Section 602(a) of the Copyright Act provides that i]mportation into the United States, without the authority of the owner of copyright . . . of copies or phonorecords of a work that has been acquired outside the United States is an infringement of the exclusive right to distribute copies or phonorecords under Section 106.17 U.S.C. 02(a).

Infringing pider-Manmotion picture items commonly sold by auction sellers

If you have any further questions, you may email Spider-Man Merchandising L.P. care of its counsel at kmwlaw@flash.net.

We appreciate information on the sale of infringing pider-Manitems. If you believe an item for sale is unauthorized, you can report these matters to the kmwlaw@flash.net email address.