Description: Smashbox Photo Edit Eye Shadow Trio ABLAZE -It's Lit Mango Salsa Blaze Away NWOB. Shipped with USPS First Class. All of our items are 100% authentic and have been purchased from retail stores. Some items are GWP and will not be in retail packaging as noted. All items are accurately denoted as to size. If you have any questions, we are happy to answer inquiries, and have receipts to verify authenticity. We are not associated with the Estée Lauder company or any of their subsidiaries, we just love their products. ****NOTICE TO EBAY VERO PROGRAM****THIS AUCTION CONSISTS OF 100% ORIGINAL DESCRIPTION & MERCHANDISE AND OUR OWN DIGITAL PICTURES FROM OUR OWN CAMERA AND AVAILABLE STOCKS. Under Fair Use, trademark and copyrighted allows a seller to use the name and a picture of the item they were selling. As far as We understand. If you are selling a Lancome or Dior Mascara you can say "This is a Lancome or Dior mascara" without infringing on the trademark. International law is consistent on these issues. All descriptions and pictures are taken with our camera and written up on our computer. The Lanham Act also specifically recognizes the "fair use" of a company's trademark. The Fair Use Doctrine grants the use of a trademark under certain conditions. Copyright laws: Copyright law, like trademark law, grants a lot of exclusive rights to the holder of the copyright. It also states specific exceptions. The First Sale Doctrine is an important part of trademark law. Without it, owning something would be VERY complicated. The First Sale Doctrine says that once the owner of a copyrighted item sells it, or gives it away, the owner can no longer control what is done with the item. If that were not the case, you could not repaint your car, have a garage sale to get rid of junk, or donate that old computer to the charity. The First Sale Doctrine prevents the copyright owner from interfering with your use, alteration, and subsequent disposal of something you bought or received as a present. Suppose you purchased a coloring book manufactured by Disney and your child colored a picture making the Lion King purple. Should Disney have the right to have you arrested because your child didn't use the correct colors? No. They lost control of that coloring book when you bought it. In short, fair use permits others to use a protected mark to describe aspects of their own goods, provided the use is in good faith and not as a mark. See 15 U.S.C. § 1115(b)(4) . That is precisely the case here. The "offending" use described is merely fair use to describe the product(s) offered for sale. The fair use doctrine permits use of a protected mark by others to describe certain aspects of the user's own goods. See CarFreshner Corp. v. S.C. Johnson & Son, Inc. , 70 F.3d 267, 270 (2d Cir. 1995). If in any way this auction is wrongfully ended through a VERO - member, please note the following, A1 Solutions will seek economical compensation from the VERO member for: Tortuous Business Interference Negligent Representation by VERO - Member Fraudulent Representation by VERO - Member Outrageous Conduct based on the "first sale doctrine" and the "fair use" of trademarks. Note: These cosmetics are original and A1 Solutions is not affiliated with Estée Lauder or Lancome or any other brand.
Price: 8.95 USD
Location: Selden, New York
End Time: 2024-12-23T22:41:55.000Z
Shipping Cost: N/A USD
Product Images
Item Specifics
All returns accepted: ReturnsNotAccepted
Brand: Smashbox
Type: Trio
Modified Item: No
Shade: It’s Lit, Mango Salsa, Blaze Away
Country/Region of Manufacture: United States
