slhsato
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posted on July 27, 2003 12:17:57 PM new
Can someone answer a question for me? I had 2 Hobie surf stickers listed on eBay, and someone emailed me saying:
To whom it may concern-
I just wanted to bring to your attention that you are selling copyrighted items on Ebay which is illegal and you can be prosecuted for copyright infringement law violations.
The Hobie logo is copyrighted and we are currently researching available options in order to prosecute those violating the law.
Although you are a personal seller, it is still copyright infringement, unless you have received specific written permission to sell this sticker.
Please immediately cease procurement of these auction items.
Thank you
* I emailed that person back saying that I didn't realize I wasn't allowed to resell stickers that I bought at a store, and that the Copyright page on eBay says the following:
Resale of copyrighted works:
Under the copyright laws, the owner of a particular copy of a copyrighted work is generally entitled to resell the particular copy they own.
So can someone tell me if he was right or am I right? I have various other stickers up for sale on eBay right now- (Billabong, Quiksilver, Roxy, etc.), but he seemed to just be concered with the 2 Hobie stickers.
Thanks in advance for your help!!
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roadieken
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posted on July 27, 2003 12:50:49 PM new
[quote]I just wanted to bring to your attention that you are selling copyrighted items on Ebay which is illegal and you can be prosecuted for copyright infringement law violations.[/quote]
Playstation holds a copyright too. But I can sell my used console if I want to. I just can't manufacture and sell them.
[quote]The Hobie logo is copyrighted and we are currently researching available options in order to prosecute those violating the law.
Although you are a personal seller, it is still copyright infringement, unless you have received specific written permission to sell this sticker.[/quote]
Would a company actually raise a stink like this about a sticker?
I guess I wouldn't believe it
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roadieken
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posted on July 27, 2003 12:53:32 PM new
Also, I would guess there is a seller that sells alot of Hobie stuff that is trying to get rid of the compitition.
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sparkz
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posted on July 27, 2003 03:36:08 PM new
That would be my guess also, a sneaky competitor trying to scare you off. If what he said were true, it would be illegal to sell anything on Ebay except hand made crafts. I wonder how many people on Ebay Motors have written permission from GM, Ford or Chrysler to sell their cars?
The light at the end of the tunnel will turn out to be an oncoming train.
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KarenMx
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posted on July 27, 2003 03:41:21 PM new
I've got to agree that this is most likely a competitor trying to scare you off. If he were the real holder of the Hobie trademark/copyright, he'd be shutting auctions down through VeRO, not "researching available options". I wouldn't worry about his threats.
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neroter12
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posted on July 27, 2003 04:18:48 PM new
I agree its a competitor. You should check the email header.
Often thought anyway to myself, the resale market offers so much free advertising for companies and they shouldn't complain.
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slhsato
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posted on July 27, 2003 05:02:10 PM new
Thanks for everyone's responses! I just heard back from that guy, and here's what he wrote:
I apologize for not getting back to you sooner regarding this matter. I have been at work all day and this is my first chance to respond to your questions.
First of all, I cannot speak on the matters of the other stickers that you are currently selling on eBay. The Hobie logo is copyrighted and unless you have received specific permission to sell these stickers then it is illegal to do so.
* What do you guys think of that? He still has not identified whether he is a Hobie representative or what he does for a living. I asked him if he contacted other Hobie sticker sellers and asked them to cease their auctions, but he has not responded to that.
If he is not a Hobie representative, then could he legitimately ask me to remove my auctions?
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sparkz
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posted on July 27, 2003 05:17:26 PM new
Forward all of his emails, including headers, to Ebay and report him for auction interference. Ebay has a mechanism in place (Vero) to deal with copyright infringement. I don't think they will look too kindly on someone trying to scare legitimate sellers off their site. It costs them money in listing and final value fees, and we've all been around long enough to know how they feel about that.
The light at the end of the tunnel will turn out to be an oncoming train.
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fluffythewondercat
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posted on July 27, 2003 05:43:43 PM new
slhsato: Tell him to print out his email, fold it until it is all corners, and shove it where the sun don't shine.
This joker has no legal standing whatsoever. He's just trying to intimidate you. Smart you, for not falling for it.
I am not a bathtub full of brightly-colored machine tools on Vendio.
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TheFamilyBiz
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posted on July 27, 2003 05:50:01 PM new
Ouch! But appropriate!
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AuctionAce
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posted on July 27, 2003 07:53:54 PM new
Call his bluff and leave the auction up. If you ever do go to jail we'll all send you a cake with a file in it. 
-------------- sig file -----------Growing older is mandatory. Growing up is optional. .
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REAMOND
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posted on July 27, 2003 08:55:05 PM new
If the email is legit, it seems to imply that your sticker is not an authentic licensed sticker.
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neroter12
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posted on July 27, 2003 09:17:26 PM new
Working all day? At what? Isnt this supposedly his job? What a crock........
Do report him to EBAY.
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mcjane
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posted on July 27, 2003 09:48:41 PM new
Tell him to mind his own business & don't worry about it...you have permission
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stonecold613
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posted on July 27, 2003 10:10:54 PM new
Is your sticker printed by you or the manufacture? If it is a manufactures sticker, you are OK. You can sell or resell anything that is purchased from who ever holds the copyright, trademark ect. If you are making the stickers yourself, then you are in violation.
In this case, it does appear to be interference by another seller, but you better have your PDQ's in order.
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slhsato
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posted on July 27, 2003 10:20:35 PM new
Thanks again to everyone who responded! You guys are the BEST on this message board!!
To answer your questions, no I did not make the stickers. I bought them at the Hobie store.
It seems that everyone who responded agrees that I am allowed to sell it if it's an item that I bought at the store (which it is).
I will await to hear back from him as to whether he's a representative of Hobie the company, or WHO he is. And also whether he contacted other people who were selling stickers on eBay, or if he just targeted me.
Thanks again!
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sparkz
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posted on July 27, 2003 10:35:11 PM new
If he claims to be a representive of the the copyright holder (which he isn't) or an attorney representing the company (which he isn't) refer him to the Ebay VERO program and then follow Fluffy's advise in her last post.
The light at the end of the tunnel will turn out to be an oncoming train.
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pandorasbox
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posted on July 28, 2003 12:00:20 AM new
Check the header....and there should be a sig identifying who he is...judging by the syntax of his letter..."procurement"...I'd have to say you've made yourself a Paul Lazzaro (ala Slaughterhouse 5) eBay friend /enemy.
A benighted defender of Hobie Stickers in this instance.Why is it, I wonder, that while so many people hate lawyers, the same folks nevertheless feel like they can act like one whenever it serves their purpose?
If he is writing you by means of "ask the seller" then you'll have his ID to trace.
Draw him out. Tell him your lawyer is drawing up a formal response and that you need his name, address etc. where the certified letter may be delivered.
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classicrock000
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posted on August 3, 2003 07:40:15 PM new
slhato--so what was the out come of this?
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slhsato
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posted on August 4, 2003 11:42:53 AM new
An update on this situation- the guy NEVER emailed me back telling me who he was. I suspect that he was a competitor, just like you all thought! Thanks so much for all of your help!
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dejapooh
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posted on August 4, 2003 04:11:41 PM new
First of all, I doubt any LEGAL representative of a company would leave any doubt that they in fact represent that company. Forward the joker a link to the Vero program and tell them to report you. They can't unless they are the Copyrights holder.
Second, you would be suprised on what you can and can't do LEGALLY. You can not auction ANYTHING with the Olympic rings, Olympic Logo, or even the word Olympic or Olympics unless you have specific permission of the USOC (not that they actually do anything about it). It is the USOC's official position that you can not resell any Olympic items unless you are a registered retailer. At no time are you allowed to sell or even own any olympic items not approved by the USOC (so if it was made by the Bulgarian Olympic Committee, you are not allowed to have it in the US). According to the USOC, the specific law that gives them the copyright (it is a special law for the Olympic Copyright only), they have these rights. Go ahead and do a search on Olympic and see what it turns up on Ebay. They have the rights (according to their own lawyers), but they do nor exercise them.
They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety. B. Franklin
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