Sell on Auction Websites

SALE ON AUCTION WEBSITES

Zippo Manufacturing Company Guidelines for Sale on Auction Websites

Zippo Manufacturing Company (ZMC) regularly monitors online auction sites for the sale of its products and has the legal authority to stop certain product sales within the United States and in several other countries under the following three circumstances:

  • Sale of counterfeit products; or the sale of products that are not from ZMC but are sold under the name "ZIPPO" or another ZMC brand, or the use of a name or brand that is very similar to Zippo;
  • Sale of lighters from third-party manufacturers that have the shape of Zippo Windproof lighters; or,
  • Sale of Zippo lighters that have been decorated without ZMC's written permission;

Any of the above actions by a seller for commercial purposes constitutes a trademark infringement under American law in many countries and may result in ZMC taking action to defend its legal rights.

Any of the above violations may lead to consumers being misled into believing that such products are legal, approved, or otherwise associated with Zippo Manufacturing Company. Given that many Zippo product customers are collectors, ZMC must also enforce its rights under trademark laws to protect these consumers/collectors who have a legitimate interest in the products they purchased being genuine Zippo products, including in terms of shape and decoration.

 

Below is a further explanation of each of the three reasons for legal action mentioned above.

  1. THE COMPANY AND ITS TRADEMARKS

ZMC, the manufacturer of the world-famous lighters sold under the ZIPPO brand, has numerous trademark registrations for the ZIPPO brand.

 

ZMC also considers the highly unique shape of its windproof lighter with its many characteristic arched (curved) points to be a trademark and has obtained trademark protection for it in the U.S. and in many other countries.

ZMC was founded in the U.S. in 1932 and has continuously used the ZIPPO brand ever since. ZMC has actively sold ZIPPO brand lighters and other trademarked products in the U.S. and more than 160 countries for many years, and continues to sell these products in the U.S. and worldwide. The windproof Zippo lighters are considered a design icon of the twentieth century; and the Zippo brand is one of the most famous brands in the world.

 

  1. THE LEGAL AUTHORITY TO PROHIBIT SALES

 

 

  1. Sale of counterfeit products; misuse of the Zippo brand and copyrights. Trademarks are used to identify goods and services and to distinguish them from those of others. Under the Zippo brand fall the famous ZIPPO brand name in various versions and sizes, but also other names and brands, such as the shape of the windproof Zippo lighter and the flame logo that is used as a trademark to mark ZMC lighters and other products. The unauthorized use of a trademark that is essentially identical to a legally registered trademark for such goods or that cannot be distinguished from such a trademark in its essential aspects to identify products that are not from ZMC is counterfeiting. Counterfeiting is a serious violation of trademark law and can also be punished criminally.

 

Framing or linking to a Zippo website or the use of photos, trademarks, designs, or texts without ZMC's express written permission also constitutes an infringement of ZMC's copyrights and trademarks.

 

"Keyword spamming" is another example of trademark misuse. Keyword spamming is a search engine optimization technique that uses the brand or brand name of another product, often as a meta tag, to direct customers to its own product offerings and is an infringement of the rights of the trademark owner.

 

  1. Sale of lighters from other brands that have the shape of the windproof Zippo lighters.

As previously mentioned, ZMC has a trademark registration in the U.S. and many other countries that protects the highly distinctive shape of its windproof lighter with the characteristic curved top section ("Shape Mark"). This is not limited to a particular size.

ZMC takes action against products that have a shape that is essentially identical to the shape protected by the "Shape Mark", including the characteristic curved point.

 

  1. Unauthorized alterations, decorations, engravings of Zippo lighters, and the sale of Zippo lighters that have been engraved, decorated, or otherwise altered without ZMC's permission is an infringement of your trademark rights. In particular, the alteration, decoration, engraving, and sale of Zippo lighters with images and designs that have not been approved by ZMC directly infringe on Zippo's trademark rights. Furthermore, the use of the ZIPPO name and the famous, registered Zippo lighter shape in listings on auction websites, including the names used, is contrary to the fact that the offered products are authorized, approved, or otherwise associated with ZMC. That is not the case. An unauthorized alteration of the decoration of a windproof Zippo lighter causes it to no longer be genuine.

In addition, the decoration of Zippo lighters with images and designs that have not been approved by ZMC damages the reputation of the ZIPPO brand, which has been considered an American icon for so many years. The Zippo brand is associated with the images that ZMC selects and applies them as it sees fit. ZMC owes it to its customers and many collectors of windproof Zippo lighters to ensure the integrity and authenticity of the designs and decorations of windproof Zippo lighters.

 

For any of the above reasons, ZMC will demand that the commercial seller of such products cease and desist all such activities without further delay. If the seller fails to do so, ZMC will take all legally reasonable measures to enforce its legal rights.