Creating Legally Compliant Listings

For Items You Offer For Sale

All of us have an interest in ensuring that the products advertised through the site are not counterfeit and do not in any way infringe on the intellectual property rights of others.

If you are a BrokerCell member who lists products for sale, you are solely responsible for the description of the item and for the authenticity of that item. If your listing or product violates any BrokerCell policy, any regulation, rule, or law, or is reported to us by an owner of the intellectual property rights of the product or listing that the product or listing violates any rights of the intellectual property owner, the listing may be removed by us, and we may terminate your membership. If a complaint is made against you alleging that you have sold counterfeit products or have otherwise violated the intellectual property rights of others, we will allow you to explain your version of the facts giving rise to the complaint made against you.

To help verify that the product and listing do not infringe on the intellectual property rights of the owner, BrokerCell has created an Intellectual Property Rights Owners Protection (I PROP) Program for any alleged violations of the property rights of others. Even if you are not the owner of the intellectual property rights, but believe there may be a violation, please report any potential violations. This policy does not replace or supersede any other obligations you have as a member of BrokerCell.

BrokerCell’s General Guidelines on Creating Legally Compliant Listings

The following are general guidelines designed to help you create listings that do not infringe on the intellectual property rights of others. Please note that these guidelines are not legal advice and should not be construed as such. If you have questions about whether your product or listing infringes on the intellectual property rights of others, you should contact the manufacturer of the product you are listing or consult with an intellectual property attorney.

Guidelines include:

Make sure what You are selling is authentic:

Your product must be authentic. You must list only parts or products that are authentic. You may not list any counterfeit products. Legally it is no excuse to say that You did not know Your product was not authentic. It is Your obligation to investigate Your source for the products You list and to ensure that all products You list are authentic.
It is Your responsibility as a Seller to make sure that products You list do not infringe the intellectual property rights of others. If You are not sure the product You are listing is authentic, contact the intellectual property rights owner/manufacturer with any questions.

Use brand names and images appropriately.

Create your own content.

Contact the owner of the intellectual property before You create Your listing if You have any questions

Appropriate Use of Brand Names

When listing a brand-name product for sale, you may mention the brand and include photos that you have taken yourself or for which you have obtained permission to use. Avoid using the manufacturer’s text, images, or logo unless you have explicit authorization. Additionally, do not imply that you are an authorized dealer or reseller if this is not the case.

Complaints

BrokerCell respects the intellectual property rights of others. If you believe that a listing or product on the site violates your intellectual property rights, including copyrights, trademarks, or involves counterfeit products, please follow our Intellectual Property Rights Owners Procedure for making claims of infringement.

Notice and Procedure for Making Claims of Intellectual Property Violations

BrokerCell investigates and responds promptly to any complaint alleging violations of intellectual property rights.

If you believe that a listing or product on the site infringes upon your intellectual property rights, please follow the procedure detailed immediately after this section to report the alleged infringement.

Overview of the I PROP Program

BrokerCell created the I PROP program to help protect the intellectual property rights of sellers and purchasing BrokerCell members. Owners of intellectual property rights are ultimately responsible for protecting their intellectual property, and we are not experts in the intellectual property rights of others. We rely on your assistance to identify listings and products that you believe infringe upon your intellectual property rights or those of others.

Reporting a Listing to BrokerCell

If you believe that an item or listing infringes upon your intellectual property rights, or those of someone else, please report the alleged infringement by completing and submitting an online notification form ([Link]).

Alternatively, you may submit a report in writing. To analyze your complaint, please provide the following information:

A signature of the person making the complaint alleging a violation of the intellectual property rights, indicating that the person signing the report is authorized to act on behalf of the intellectual property owner.
A description of the listing or product that you assert violates your intellectual property rights.
Your mailing address, phone number, and email address.
A statement asserting that you have a good faith belief that there is a violation of the intellectual property rights of the owner.
BrokerCell’s agent for notice of claims of alleged violations of intellectual property rights can be reached at: Support@BrokerCell.com.

Legal Agreements

Please click here to view our Legal Agreements.