• Trademark infringement
  A trademark is a unique sign (such as a name, word, phrase, logo, or symbol) that a company uses to identify its products or services. For example,  is the name of our company, but it’s also a trademark used on our site and on various 4bike products. Trademark laws are primarily designed to protect consumers from confusing one company’s goods or services with those of another.

Replica and counterfeit
It’s illegal to sell counterfeits, fakes, or replicas of brand-name items. We don’t allow these items to be sold on 4bike.

Example

• Items that weren’t made by the manufacturer but the items are labeled with the brand, like a purse that has a Burberry label on it but wasn’t made by Burberry.

Brand name misuse
You may not use brand names in your listing if the product isn’t manufactured by or compatible with that brand. You may use “compatible with,” “fits,” or “for” before a brand name if the item you are describing is specifically designed to be compatible with the products of that brand.

Examples

• A generic case made for an iPhone uses the brand name “Apple”.
• Listing an adidas shoe and adding the brand name “Nike”.

Logo misuse
If you include logos in your listing descriptions, make sure you’re authorized to use them. Using someone’s logo without permission is a violation of trademark laws and can be misleading for buyers. Creating a logo that’s similar to someone else’s can also be a trademark infringement.

Example

• Listing a branded item and including logos in your description or images without authorization.

Warranty
Listings that contain a misrepresentation regarding an item’s warranty are in violation of trademark laws. Information relating to the warranty of a product is considered material information and should never be misrepresented. You should read the warranty or contact the manufacturer to be sure that the warranty is eligible for a buyer before mentioning it in a listing.

Example

• Listing a product and including information about the manufacturer’s warranty without checking to see if it covers resale of the product.

Copyright infringements
A copyright is the legal protection given to authors of creative works such as movies, music, software, photographs, and books, both published and unpublished. Copyright protection prevents others from using the work without permission.

Image and text
Using someone else’s image or description without permission could violate copyright laws. If you use text or an image that was created by someone else be sure that you have permission to use the text or image.

Examples

• Images or text copied from other websites or internet searches.
• Stock photos and text used without permission.
• Scans or text copied from catalogs or advertisements.

Media, software, movies, paintings
Selling unauthorized copies of media, software, movies, or paintings violates copyright laws. Unauthorized copies include but aren’t limited to backup, pirated, duplicated, or bootlegged copies. Copyright protection prevents others from using creative works without permission. It may also limit the right to distribute the copyrighted product.

Examples

• Burning unauthorized copies of movies or music and selling the copies.
• Opened software subject to licensing agreements.
• CD-Rs or DVD-Rs that include multiple copies of books or images.

Design right (Europe, Asia, Australia, and New Zealand only)
Design right applies to the way something looks, the shape and configuration of a product, but not its functionality. Design rights protect designs from being copied and used by someone else.

Example

• The shape and material used to create a designer sofa is copied and used to create an imitation or lookalike.

Patent rights (Europe)
A patent is a specific set of rights granted to inventors, giving them the right to exclude others from making, using, and selling their invention. Patents are registered with each region’s patent and trademark office.

Parallel imports
Some products are intended for sale in a specific market or country. The sale of these products into another country or market could violate trademark or copyright laws. We strongly encourage our members to educate themselves about the laws of their own country, as well as the countries where they plan to do business.

Example

• Product intended for sale only in the United States is listed for sale to buyers in Europe.

• How can I create legally compliant listings?
  • Create your own listing content
    Write your own text for your listing and take your own photos. Don’t use text or images from other web searches, manufacturer websites, third-party product catalogs, or other sources without specific permission from the owner of the content.
  • Use the 4bike Product Catalogto create your listing
    If you’re creating a listing that has been added to the 4bike product catalog, you can take advantage of images and product details that are already available.
  • Make sure the statements in your listing are accurate
    Make sure that all statements and claims in your listing are accurate and complete. Rights owners may object to listings that contain false, inaccurate, or misleading claims about their brands or products.
  • Use brand names appropriately
    If you’re selling a brand-name product, you can mention the brand name in your listing and include photos that you’ve taken of the item you’re selling. However, don’t suggest that you’re an authorized dealer/reseller if you’re not.
  • Review the VeRO participant profiles created by intellectual property rights owners
    We encourage intellectual property rights owners who report items through the VeRO program to create a participant profile that explains their policies and procedures concerning infringing items. If you have questions or concerns about a specific item you’re interested in selling, check the VeRO Participant Profiles tab on this page to find the profiles created by rights owners.

• What happens if I have more than one VeRO violation?

Sellers who continue to violate intellectual property rights may be subject to a range of consequences, from selling restrictions to full suspension from the site.

• Why was my listing removed when there are other listings just like it?

You may see items on 4bike that are similar to your listing but haven’t been removed. There are a few reasons why this could happen

• There might be a difference between your listing and the other that isn’t obvious.
• An intellectual property rights owner may have reported your listing as allegedly infringing, but hasn’t yet reported the other listings.

If you see another listing that you think violates the rights of the owner, please email the rights owner.

• Will my fees be refunded?

If we removed your listing because of a policy violation, we may refund your fees for that listing, depending on the policy you violated and whether you’ve violated our policies in the past.

• What if I think the rights owner made a mistake in reporting my listing?

If your listing was reported and you believe your listing was removed in error, contact the rights owner directly. The email we sent you about the removal will include the rights owner’s contact information. If the rights owner has made a mistake, they should email 4bike to retract their report.

• How can I file a counter notice? (US only)

Counter notices can only be submitted for US-based copyright reports, in compliance with the Digital Millennium Copyright Act. Find out what information you need to provide when filing a counter notice as outlined under 17 U.S.C. section 512(g)(3). Once we receive a valid counter notice, we’ll provide a copy of the notice to the VeRO participant and inform them that the listings will be reinstated after 10 business days if they don’t inform us that they have filed an action seeking a court order to restrain you from relisting the items. If you wish to file a counter notice, you can contact us.

• Did you share my account information?

4bike may disclose your personal information to other members of the 4bike Inc. corporate family or to third parties, as outlined in our User Privacy Notice.

• Can I relist my item?

If your listing was removed, don’t relist without first finding out why.

• If your listing was removed due to the way it was described (in image or text), you can edit your listing to remove the content in question and relist.
• Relisting an allegedly counterfeit item that has been reported through VeRO could result in a range of consequences including, but not limited to, selling restrictions or suspension from 4bike. For this reason, the Relist option isn’t available for items reported as allegedly counterfeit.

• Can 4bike verify my item?

No. 4bike isn’t an expert in the intellectual property rights of third parties. As a result, we aren’t in a position to make a judgment as to whether the item you have listed is authorized or legal. This is why we urge you to contact the rights owner directly.

• I want to contact a rights owner. What should I do?

When we removed your listing(s), we sent you a message in My Messages which contains the name of the rights owner and their contact information. We encourage you to contact them if you feel your item was removed incorrectly or if you need additional information about why it was reported and removed. If the rights owner has a VeRO participant profile, please read it first as it may answer some of the questions you have. Be sure to include the following information when you contact the rights owner

• Your 4bike user ID.
• Your 4bike email address.
• The listing number(s) that were removed.
• Images of your product where possible.

• Why didn’t 4bike contact me before removing my listing?

When 4bike receives notice through VeRO that a listing allegedly infringes intellectual property rights, we must remove the listing as soon as possible. Resource constraints prevent us from contacting users prior to removal of allegedly infringing items and/or content from our site.

• I bought this item on 4bike. Why wasn’t it removed then?

Unfortunately, there may be times when listings aren’t removed because the rights owner has not reported them to us. If you believe an item is potentially infringing, and it hasn’t been removed by 4bike, we encourage you to contact the rights owner and inform them of the possible infringement.

• A rights owner is just trying to eliminate competition. Why does 4bike trust rights owners more than sellers?

VeRO may only be used by rights owners to submit claims of alleged intellectual property infringement. 4bike doesn’t accept reports from rights owners alleging violations of selective distribution agreements, MAP policies, or other contractual agreements.