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UNAUTHORIZED RE-SALES OF URBAN DECAY or HARD CANDY COSMETICS

Like most major companies, Urban Decay and Hard Candy Cosmetics controls product quality and safety by only permitting re-sales by authorized distributors and resellers, subject to comprehensive written agreements imposing quality control, manner of sale and various other requirements. Urban Decay and Hard Candy Cosmetics product warranties only apply when the purchaser has purchased Urban Decay or Hard Candy products from an authorized seller. Because of the negative repercussions that unauthorized re-sales can have, Urban Decay and Hard Candy Cosmetics has decided to intervene where appropriate. We regret the inconvenience to legitimate sellers and buyers of our cosmetics. Urban Decay and Hard Candy Cosmetics regularly contacts those who are engaging in unauthorized sales of its products and for those that do not respond, further action is and will continue to be taken, such as submitting complaints to e-bay or even legal action against the unauthorized sellers. We hope you will understand and apologize for any inconvenience.

Frequently Asked Questions (FAQ)

Can’t I re-sell an item I bought?
You cannot re-sell Urban Decay or Hard Candy products bought by you because they were not sold to you for resale. They were sold to you as an end user customer. Our products can only be sold by authorized sellers, such as our distributors and retail store customers, who enter into agreements with us regarding quality control, use of our trademarks and various other concerns. Unauthorized sales infringe upon our trademarks and trade dress. We have the responsibility and the right to protect our intellectual property rights and we monitor sales on eBay and other retail venues to ensure that our intellectual property rights are not infringed. We have spent considerable time, money, and effort developing our products, reputation and goodwill through the marketing of our products. Sellers of unauthorized items who attempt to make money using the Urban Decay or Hard Candy Cosmetics name, marks and product designs or the appearance of Urban Decay or Hard Candy Cosmetics product designs, are attempting to transact business based on our acquired distinctiveness, goodwill and reputation.

Can I list the item if I don’t use the Urban Decay or Hard Candy Cosmetics name?No. Urban Decay or Hard Candy products have the brands and logos on the actual product packaging. Even if the item does not say Urban Decay or Hard Candy Cosmetics or another name owned by Urban Decay or Hard Candy Cosmetics, the distinctive look (trade dress) and design of the Urban Decay or Hard Candy Cosmetics products may not be copied.

Why are others allowed to sell these items?
No one is allowed to sell copyrighted, trademarked or trade dress infringing items without a license from the manufacturer. While we make efforts to police the marketplace, some infringing items may be missed. You are not being singled out. All manufacturers and sellers of infringing items that Urban Decay or Hard Candy Cosmetics is aware of or becomes aware of are put on notice of Urban Decay or Hard Candy Cosmetics’ intellectual property rights and pursued if they do not stop infringing.

What will happen if I re-list the item?
Firstly, you will be suspended from eBay. Secondly, if you do not obey the law and you re-list items, you may be seen as willfully breaking the law and you will subject yourself to civil and possibly criminal liability for your continued infringement and the consequences of your continued infringement. Urban Decay or Hard Candy Cosmetics proactively protects its intellectual property rights.

I purchased the item legitimately, why can’t I re-sell it?
As mentioned above, adulterated, unsafe, infringing products may at times be offered for sale by unauthorized sellers. The problem can compound itself with successive re-sales, and the purchasers may believe that the products are authentic and first quality, and that they carry Urban Decay or Hard Candy Cosmetics product warranties when that is not the case. Urban Decay or Hard Candy Cosmetics cannot warrant its products if it does not have any control about how and by whom they are sold and innocent purchasers may unknowingly buy adulterated, unsafe or infringing products.

What if I didn’t know I couldn’t list the item?
Ignorance of the law is not a defense or excuse to copyright and trademark or trade dress infringement. In any event, you know now. Continued unauthorized sales by you may result in legal action being brought against you to protect Urban Decay or Hard Candy Cosmetics’ rights.

How do I become a licensee of Urban Decay or Hard Candy Cosmetics?
Please contact info@urbandecay.com at Urban Decay or Hard Candy Cosmetics. We will consider your request and qualifications, and will let you know whether it agrees to grant authorization to you for re-sale of Urban Decay or Hard Candy Cosmetics products.

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