heelma Posted April 15, 2015 Posted April 15, 2015 I am not sure in which category in this forum could fit this one, so I am posting it here. I had bought several pairs of stilettos with red bottoms from Aliexpress of which I had hoped that at least one of them would fit my size 14/15. However they had very pointy toes and their length was apparently measured including the area where nobdy could sqeeze their toes into. I listed them on ebay as "red bottom high heels" and sold the largest one which fit about size 12. I have 3 smaller pairs whcih probably fit 10.5 - 11.5 and had them listed on ebay as well. Today ebay removed them for "trademark violation". After a rather unpleasant experience with their customer support I learned that "red bottoms" are considered a trademark of Christian Louboutin and the shoes are therefore considered replicas on ebay. And all of that despite there are no Louboutin trademarks or imprints on them but instead a generic name like "generation of beauty" is imprinted as the brand label. All of that is not enough - ebay says just because of the red soles, they would be a trademark of Christian Louboutin. Is this really true, that only real Christian Louboutin shoes can have red soles without violating trademarks? How does "onlymaker" do it on Amazon, selling red bottoms from warehouses in America ... And lastly, if not on ebay, where can I otherwise sell these shoes?
mtnsofheels Posted April 15, 2015 Posted April 15, 2015 Hi Heelma, Yes it is true, last year or so there was a big copyright/branding lawsuit with Christian Louboutin and the trademark red sole. Since then many agencies are adhereing to the trademark/copyright of his. So that may have put you into the situation you found on Ebay. Amazon may have other arrangemnts to sell off brands with sheer size and volumns so that may explain why Amazon can do it. Not sure exactly though. Where else could you sell them, depending where you are, Craigslist, Kijiji or some other smaller companies like that.
heelma Posted April 15, 2015 Author Posted April 15, 2015 Speaking of Amazon, they are not only selling in part the same shoes that are on Aliexpress (see onlymaker, shoesofdream, and those kind of sellers), but onlymaker even has its own warehouse in the US now. So the most popular items, including shoes that look very much like Louboutins are stored and sold from there with Amazon Prime! I could probably list them there then. Otherwise, if anyone here is interested, please send me a PM.
Steve63130 Posted April 15, 2015 Posted April 15, 2015 Trademarking a color is not new. Back in the 70s or early 80s, Owens-Corning Fiberglas Corp. (its name back then) successfully trademarked the color pink for its building insulation. No one else could produce and sell pink building insulation. They also had a marketing genius who hired the cute and loveable Pink Panther to promote their product and achieve brand recognition! So, yes, trademarking a color for a product like Louboutin shoes is legitimate, and in this case, a good investment. Steve
Heelster Posted April 17, 2015 Posted April 17, 2015 We have a classifieds area here at HHP, so you may want to list there here in the mean time. Just mention that they may be listed elsewhere.
hiheellover23 Posted April 17, 2015 Posted April 17, 2015 Just label them high heels , what size they are,and for the brand just put unbranded just say what kind of condition they are as long as you don't advertise the brand name then it won't be false advertisement and you won't get any customer support issues from ebay. I've sold about 4 pairs of shoes that way and nothing has come up as of late. What ya see is what ya get no more or less!!
hoverfly Posted April 18, 2015 Posted April 18, 2015 Cover up the red sole with black dye. Hello, my name is Hoverfly. I’m a high heel addict…. Weeeeeeeeeee! 👠1998 to 2022!
LovesHiHeels Posted April 19, 2015 Posted April 19, 2015 I just bought a pair of red soled heels on Ebay and will be selling back on Ebay as are to small for me.
Jkrenzer Posted April 20, 2015 Posted April 20, 2015 Thanks Heelma, these are great. I purchased his size 44's from him and they fit perfectly. The sizing is odd, I wear a 10.5-11 and would say these shoes in 44 equal 10.5. Fit is tremendous, a few pictures below. Joe
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