Bath Body Works MARSHMALLOW Whipped Cream Holiday Sweet

*****NOTICE TO EBAY VERO PROGRAM*************

THIS AUCTION CONSISTS OF 100% ORIGINAL DESCRIPTION & MERCHANDISE.  PICTURES ARE FROM OUR OWN DIGITAL CAMERA AND AVAILABLE STOCKS.  Under Fair Use, trademark and copyrighted items allow 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 pictures are taken with our camera and all descriptions 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 a computer to 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, candycosmetics 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 candycosmetics is not affiliated with any brand cosmetics.