Ok, so I'm not sure anyone really cares besides me... LOL... but just in case I thought I'd let you all know.
I was about to list some items today (other than MAC) when I saw that I had to do a tutorial on trademark/copyright infringments before I could continue.
Then as I was trying to print out a few labels I had noticed that thos sample listing that had been removed had also been removed from my sold items list. WHAT A FIASCO! I had to search through all of my paypal transactions to figure out exactly who ordered what and how many.
ANYWAY, what I noticed during this time is that a few of my sample listings were still up, which I found to be VERY STRANGE. The one thing they all had in common was that they are photos I took myself. I went for a period of time where my camera was broke, so I would use a stock photo instead of one I took myself. Then I guess I just got a little lazy and continued doing the same. What I learned from the little tutorial I had to do was that you MUST take your own photos and you MUST write your own descriptions. Which I NORMALLY do, but I usually include within my description how the actula company describes their product. I had no idea that was a no-no!
So, from everything I read, it would SEEM that it is still OK to list the samples so long as I follow the guidelines VERY carefully by:
Not using MAC's logo
Not using MAC's description of the product
Using MY OWN photos
This is easily accomplished!
The follwing is the exact email I received:
Trademark infringement is unlawful and violates eBay's policies. A trademark is a unique sign (such as a name, word, phrase, logo, or symbol) that a company uses to identify its products and/or services.
Using another company's trademark in a way that may confuse buyers about the source of goods or services, or confuses buyers into believing that the seller is affiliated with, sponsored by or endorsed by the trademark owner is both illegal and against eBay's policies. Examples include counterfeits, unauthorized replica items and items that bear the brand or logo of a company without that company's permission.
Guideline: If the product you are listing bears the brand or logo of a company, but it wasn't made or authorized by that company, don't sell it on eBay.
It's against the law to sell unauthorized replicas of brand name products. Accordingly, listings for unauthorized replicas are not permitted on eBay.
This is the only part that confuses me. The pigment samples ARE made by MAC but not necessarily authorized by them. Then it continues to say "unauthorized replicas" are not permitted. Is that what they mean by unauthorized? Because it IS actually a MAC pigment. It's not a fake.
.... I dunno. I guess if I have to find loop-holes to do it, I probably just shouldn't do it, eh?
It just kinda stinks because I know a lot of people would much rather have the samples rather than the full sized jars and while the sampling is not really a huge income for me, personally, it helps me to afford my addiction of pigments. :|