Resellers

Counterfeit Warning

We have confirmed that some eBay stores and other websites have been selling COUNTERFEIT Thane Direct products.

 

To assure authenticity of any Thane Direct product, please make your purchases only through a Thane Direct Authorised Dealer.

Thane Direct spends a lot of time and money having products tested to the highest European safety standards and only uses quality materials in its manufacturing.

Counterfeit products can be dangerous, do not have the correct test certificates and Thane cannot help repair counterfeit products or provide spares for them.

If you are unsure, please feel free to contact our Customer Service.

If you have been caught out by a counterfeiter of a Thane Direct product, please contact our Customer Service department for help and advice on how to purchase a new and original Thane Direct product from us.

A word about resellers:

Thane Direct , Inc. (“Thane”) has decided not to sell its products to outside Internet distributors. If you are buying a Thane product from somewhere else on the Internet, you are probably buying from unauthorised sources who may not supply the original, first-quality goods.

Thane has the right to sell its products in the UK & ROI and you can be 100% certain that:

  • You will be buying the original, as-seen-on-tv product.
  • The product will be under warranty.
  • You will have 14 days from the day after receipt to return the product for a refund of the purchase price including the outbound P&P.
  • If you purchase one of Thane’s products from another website, you cannot be certain that any of the above guarantees will apply.

Receipt of eBay (VeRO), eBid (IPIP) and Amazon (NoCI) Notices

Brand Protection Team
INTRODUCTION:

If you have received a notification from eBay (VeRO), eBid (IPIP) or from Amazon (NoCI) with respect to a removed listing,
we encourage you to check our FAQs before contacting brandprotection@thane.tv.

Special attention should be paid to FAQ number 9.

The success and reputation of the Thane brands have been built up as a result of our commitment to produce high quality and innovative products.

We are 100% committed to protecting our brands and to ensure that the reasonable consumer is well informed and not confused into purchasing counterfeit or unlawful reproductions of our products. It is an offence to have in your possession for distribution counterfeit or unauthorised versions of our products.

Thane owns all the Intellectual Property Rights in connection with our products. All products distributed by Thane are protected by Registered Trade Marks, Community Trade Marks (CTM) and/or Registered Community Designs (RCD). In most cases Thane also owns the copyright in the packaging and materials that accompany our products.

FAQs:

  1. Why was my auction removed?It is our good faith belief that:
    1. the good(s) you were offering for sale are either counterfeit and infringe our trade marks, and/or
    2. the listing infringes our other intellectual property rights, such as design rights and/or copyrights.

    In addition to infringing Thane’s intellection property rights, these acts violate both eBay’s and Amazon’s User Agreements.

  2. Why do you think that my good(s) are counterfeit or infringe your trade mark rights?Our determination is based on the listing information available from your auction and possibly a test purchase. We have inspected the photograph(s), title(s), and description of the good(s) (and/or actual product sample) and have concluded that the listing is for a product that is counterfeit or otherwise infringes our trade mark or other intellectual property rights.
  3. Why has eBay or Amazon allowed me to list my good(s) if they are unlawful?eBay and Amazon do not screen all auction or “buy now” listings. The burden is on the brand owner to notify these sites of infringing activity. The VeRO and NoCI programmes were therefore established to enable brand owners to request the removal of infringing listings.
  4. Why has my auction been removed while a number of other auctions offering your good(s) remain?We screen as many auctions as possible. However, due to the quantity of listings and the frequency of listings being added to eBay’s and Amazon’s websites, it is not always possible to identify and remove all infringing listings.The absence of action on our part to remove a listing does not impliedly suggest that such sellers are not breaking the law. In fact, we invite you to forward listings that you believe infringe our intellectual property rights, so that we can take appropriate action.
  5. Can I use Thane’s trade mark or Thane’s brand names in an auction listing if I am not selling a Thane item?NO. We prohibit the use of our trade marks in relation to non-Thane goods. Using the Thane trade mark or Thane’s brand names in relation to goods that do not originate from Thane will be construed as an attempt to mislead the reasonable consumer and an infringement of Thane’s trade marks.
  6. Can I list an item as a Thane “brand, brand Style, brand Copy” or any similar variation?NO. Such disclaimers are not an effective means of avoiding responsibility for infringement of Thane’s brands or trade marks.
  7. How can I identify whether the item I am offering for sale is an authentic Thane product?We cannot disclose specific information relating to the technology and specifications of authentic Thane products. If we did so, this information may get into the wrong hands and enable manufacturers of counterfeit merchandise to produce better quality copies.It is the obligation of the seller or distributor to apply due diligence in order to prevent possible infringements whilst trading in any marketplace.
  8. If I was unaware of the fact that the product I was selling was not an authentic Thane product, can I plead ignorance?NO, ignorance is not a defence to a trade mark infringement. As per point 7, due diligence is required.
  9. I believe that the item I was offering for sale is an authentic Thane product. Can I get my auction re-instated and if so how do I go about doing this?If you genuinely believe that your auction has been incorrectly removed by eBay or Amazon, please respond to this e-mail providing your notice of removal together with the below details:
    1. the product number reported to eBay or ASIN number reported to Amazon;
    2. the title that you used to advertise the listing;
    3. the description used in the listing;
    4. proof that your product is genuine (i.e., receipt or invoice from the authorised distributor or seller);
    5. in the case of eBay, your eBay seller ID; and
    6. the images that were displayed in conjunction with the listing.

    Please note that if we agree that your listing was wrongfully removed, we will ask eBay or Amazon to reinstate the offer.

    Please note that genuine Thane products originating from outside the European Economic Area (“EEA”) (i.e., Japan or America) cannot be sold within the EEA without our consent. Doing so constitutes an infringement of Thane’s Intellectual Property Rights.

  10. If I decide to challenge the notification of infringement, when can I expect a response?Provided that you supply all of the information set forth above in point 9. (a), (b), (c), (d), (e) and (f), our Brand Protection Team will aim to respond within 48 hours (Monday to Friday excluding bank holidays) during office hours. Please bear in mind that we will crosscheck all details you provide and the veracity and accuracy of your communication will help to speed up the process.

Brand Protection Department
Web: thane.tv

“Thane”, “H2O”, “H2O HD” and related logos and variations are trademarks or registered trademarks, in the UK and/or other countries, of Thane IP Limited