Chubby Chico Charms
Chubby Chico Charms LLC (“CH3”), a member of eBay’s VeRO program, began in 2005
when Alana and Bianca Alicea discussed the idea for an all-handmade jewelry company
that could have unique stylish designs while still being American made.
With a background in jewelry design and hailing from Rhode Island, which was once known
as "The Jewelry Capital of the World", both women decided to put their innovative skills togood use and help bring manufacturing back to the states. The mother/daughter duo started
out with a small, few hundred dollar investment and big ideas. They turned their dining room
into a small home office and studio for their new company. After MANY sleepless nights andendless hours of dedication their business was starting to thrive. Within a few short years
they grew from a home office to full scale 5,500 square ft production facility with 25
employees, inclusion in retail locations, a fundraising division and countless happy
customers. Eleven years later and CH3 is now an accredited company with the Better
Business Bureau, a member of the Northeast Chamber of Commerce, winner of the SmallBusiness Administration Entrepreneur of the Year 2014 Award and has received RhodeIsland Monthly's Enterprising Woman of The Year Award.
CH3 strictly enforces its intellectual property rights, including, without limitation, trademarks
and copyrights. CH3 owns several trademarks registered with the United States Patent andTrademark Office, including the above-pictured logo and the word mark Chubby ChicoCharms, and additional trademarks (together, the “CH3 Marks”). CH3 has strict guidelines
regarding the use of the CH3 Marks and will not hesitate to notify eBay of any auction thatuses the CH3 Marks without CH3's permission, in a manner that unfairly competes withCH3 or causes or is likely to cause confusion in the marketplace, and/or in any otherunauthorized manner. Auctions that use CH3's Marks in an unauthorized or unlawfulmanner are subject to termination, as are auctions that use CH3's photographs, videos,images, or other copyrighted material.
The manufacture, distribution, and/or sale of counterfeit and/or infringing CH3 items isillegal, and doing so may subject you to civil and/or criminal liability. If CH3 requests aremoval or “take-down” of your auction, it is because your store or listing contained an itemthat infringed upon the trademarks and/or copyrights of CH3, or is otherwise unlawful.
You should be aware that the fact that a product is described as an CH3 product does notguarantee that such product is a genuine CH3 product. CH3 cannot guarantee the quality ofgoods sold by anyone other than CH3 and does not accept such items for return orexchange.
If CH3 becomes aware of an auction that infringes on its intellectual property, CH3 will not
only refer the auction to eBay for termination but may consider other legal remedies in orderto protect its brand and its intellectual property.
FAQ :Q: What types of CH3 products can be sold in an online auction, and what is the legal way
to advertise the products?
A: Secondary market sellers may list genuine CH3 products obtained after a legitimate saleby and purchase from CH3. Such listings must be absolutely truthful and accurate indescribing the product. Secondary market sellers may post their own original photographsof the CH3 product that particular seller is auctioning, but may not use, post, or display
images from CH3, CH3's website, or CH3’s marketing materials.
Q: Why can’t I use “Chubby Chico Charms” “CH3” or a similar name, tag, or description
even though I am not selling CH3 merchandise?
A: CH3 has strict guidelines regarding the use of the CH3 Marks, and using such marks inconnection with products that are not genuine CH3 products could cause confusion in themarketplace and constitute unfair competition, for which you may be held liable.
Q: Can I describe my item as “Chubby Chico Charms-Style” or similar?
A: No. CH3 has strict guidelines regarding the use of the CH3 Marks. Auctions that use
CH3 Marks in an unauthorized or unlawful manner, including a manner that suggests
affiliation, sponsorship, or approval by CH3, are subject to termination.
Q: Why did eBay allow me to post my auction?
A: eBay does not pre-screen or authenticate merchandise before sale or auction. Thus, it isup to intellectual-property owners, like CH3, to report unauthorized listings to eBay.