Saturday, May 26, 2007

I Need Your Legal Expertise...quick!

Hey guys, I have an auction up for a pair of oakleys I used to have. Take a look at them here http://cgi.ebay.com/aw-cgi/eBayISAPI...item=417901275
Now here's my question, can I get in trouble for those?? I got an email from administrator@oakley.com saying to take it off or he'll take legal action. He says that those are not "authentic" because the paint is peeling away and that never happens with authentic ones. I have a feeling this is just some BS guy pretending to be from oakley.com trying to scare me off. I'm probably going to pull them off the auction just cuz its not worth getting in trouble for, but what do you guys think???

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I would just go to a local place that sells oakleys and have them tell you if they are authentic or not. They will be able to tell just by looking at them so they shouldn't charge you. If they are authentic, you have nothing to worry about, if they aren’t just remove them. Otherwise the person who buys them will probably be pretty mad and you may have a problem on your hands for incorrectly advertising them.

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quote:
Originally posted by BustNuts37:
Hey guys, I have an auction up for a pair of oakleys I used to have. Take a look at them here http://cgi.ebay.com/aw-cgi/eBayISAPI...item=417901275
Now here's my question, can I get in trouble for those?? I got an email from administrator@oakley.com saying to take it off or he'll take legal action. He says that those are not "authentic" because the paint is peeling away and that never happens with authentic ones. I have a feeling this is just some BS guy pretending to be from oakley.com trying to scare me off. I'm probably going to pull them off the auction just cuz its not worth getting in trouble for, but what do you guys think???



Can you post the e-mail you got from him, with full headers? I just wanted to see whether or not he faked the e-mail. Also, did he say that *he* would take action or that the corporation would? Did the mail look official, was it free of grammatical and spelling errors? Regardless, I'd follow BADFISH's advice and drop by a store.
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If the oakley store says they are non-authentic, and I repost it as "non-authentic", could oakley still "take legal action" for that??
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I dont see how they could. The only problem they could have is that you are saying their name in the discription but since you are saying that they are not oakly I think it is fine. Check ebay, I am pretty sure I have seen quite a few auctions for Fake oaklys that were completed and didnt seem to have any problems.

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This is the original email i received(Kind of scary):
from administrator@oakley.com

Hello,
This email is about your auction you have posted on eBay Item #417901275.
The Oakley® sunglasses you have up for auction are fake knock-offs.
Authentic Oakleys do not "peel" and the pictures of the sunglasses that
you have up are definitely not Authentic Oakley® Sunglasses. If you do
not end your auction ASAP we will be forced to follow up with legal
action since Oakley is a registered trademark and serious fines will be
issued. I know this sounds harsh and as much as we hate to, we will
punish you to the fullest extent possible. Please do not reply to this
email. Thank you for your time.

Regards,
-Oakley Admin.
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Any other thoughts? Will this get me in trouble, should I end the auction??
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Well I can tell you from those pictures they are fake. I know that may sound weird but I can tell most of the time. Ways to tell if they fake or not
1. Does it say Made in U.S.A Anything else and they are fake.
2. They type of glasses they are yours would say "eye jackets" or what ever they are.
3. Do they fit tight and snug on your face? If they do not fit just right they are fake.
4. Are they cheap feeling? or flimsy?

I know about the O peeling off no biggie and yes my real oakleys have slightly started but after a year of my hat rubbing the same place how could it not.

As far as I can tell your oakleys are fake.

Good luck
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The email sounds phoney to me, but that is just my opinion. It would sound weird to have the person say not to respond to the email, and that they are an Oakley admin. The person would surely say their name. I bet it is phoney

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