posted on August 27, 2003 07:43:35 AM new
A while back there was a discussion that included an online database of trademark holder. Anyone still have that link?
I am in a debate with ebay over an item that they are threateneing me over while there are 60 other auctions, including one that was on the front page of featured items yesterday.
~~~ • ~~~ • ~~~ • ~~~ • ~~~
Men Are Like Grapes. If You Stomp on Them and Keep Them in the Dark Long Enough, They Might Turn Into Something That You Would Take to Dinner
posted on August 27, 2003 09:05:54 AM new
I got pulled over for speeding yesterday and while the cop was writing the ticket over 500 speeders went by.
You got caught and the others didn't if you don't want your infringing auctions oulled don't list them.
posted on August 27, 2003 09:15:16 AM new
Kiara - that's the one : ) Many thanks! I am now playing a game of prove it with ebay. I have found no listing under either the manufacturer or object name so have requested that Ebay provide me with the alleged trademarks number. Since the notice did not come thru VERO, my thought is that this is just another seller trying to be a PIA.
Horsey - thank you for you input. Next time before you decide to be a smart @ss perhaps you should make sure of your facts. There are at least four companies producing this product and I am purchasing from one of those companies. I was also wrong about the number of similar auctions. There are over 150 auction for this item, 1 of which was a featured appearing on the front page of the site yesterday.
~~~ • ~~~ • ~~~ • ~~~ • ~~~
Men Are Like Grapes. If You Stomp on Them and Keep Them in the Dark Long Enough, They Might Turn Into Something That You Would Take to Dinner
posted on August 27, 2003 09:58:40 AM new
If the trademark actually pertains to the item, they can not stop you from using the trademark in the description.
How are you using the trademark ? eBay even uses trademarks for category titles.
After eBay threatened Google with trademark litigation, I would like to see the trademark owners such as Ford, Toyota, Disney, etc.,tell eBay to remove their trademark from category titles.
edited to add: A trademark need not be registered to be protected. Trademarks can be litgated via common law.
posted on August 27, 2003 10:54:28 AM new
Reamond - they are stating that the item itself is trademarked and that reproductions even when listed as a reproduction cannot be sold. All of the items currently listed on ebay are reproductions.
~~~ • ~~~ • ~~~ • ~~~ • ~~~
Men Are Like Grapes. If You Stomp on Them and Keep Them in the Dark Long Enough, They Might Turn Into Something That You Would Take to Dinner
[ edited by Fenix03 on Aug 27, 2003 10:57 AM ]
posted on August 27, 2003 11:19:59 AM new
Fenix03-can you give us an idea to what it is?
Ok, now no one jump all over me, because I'm not going to do it, my brother has been bugging me to do it, but I won't.
I have a brand new Replica Rolex. This is beautiful, but it IS a replica, and I will not risk my selling or buying ablilties on ebay by listing it. My brothers says title it New Ladies Japanese Movement Watch or something, and don't zoom in on the Rolex 'branded' on it. The thing looks like the real one, that sells for $15k lol!
But it is not, it was bought in NY, for $50.
To many 'jewels' for me to wear,and I won't wear it, cuz I don't want to be mugged in case someone thought it the real thing, (it DOES look like it, right down to the clamshell hidden clasp, everything. )
He says he sees people sell these.... I say, I don't risk putting my butt on the line for maybe $30 or so!
They have internet sites that sell the exact one I have for $200... but they definitly state this is a reproduction.
Its not anything like that is it?
Art Bell Retired! George Noory is on late night coasttocoastam.com
posted on August 27, 2003 12:26:52 PM new
Near - not a Rolex - not even a reproduction of a Rolex. It's the reproduction of Jennifer Lopez' engagement ring. Funny thing is that ebay called me on an UNSUCCESSFUL auction that closed two weeks ago. I was informed by them that it was indeed another user that reported me (they reported only one of the three I had listed) so now we know the lag time from report to action if nothing else. I asked them for some justification or supporting info that the design is trademarked (Since I think that House of WInston would be going after the multiple wholesalers of this item if they were) but nothing was offered. If just received a form letter stating that after further review they stand behind their decision.
~~~ • ~~~ • ~~~ • ~~~ • ~~~
Men Are Like Grapes. If You Stomp on Them and Keep Them in the Dark Long Enough, They Might Turn Into Something That You Would Take to Dinner
posted on August 27, 2003 12:37:50 PM new
Fenix this is nuts, because just did a seach on the J Lo ring, and there are 239 active auctions for that ring! I only looked at the first few, and they were Power sellers, I don't know if you are a PS, but would that have anything to do why they don't shut them down also??? this is incredible.....its not right
Now I'm going to look for repro Rolexs, watch I'll probably find them, and completed ones too! Oh eBay, what will you do next?
Art Bell Retired! George Noory is on late night coasttocoastam.com
posted on August 27, 2003 01:11:45 PM new
Near - tell me about it : ) Thing is that the market on the rings is flooded on ebay anyway but it irritates me to no end. I could be a bi#$% and just start reporting since the lovely little form email I got suggests I do just that but personally, I think it is up to Harry Winston to do that, not me and he obviously does not care.
~~~ • ~~~ • ~~~ • ~~~ • ~~~
Men Are Like Grapes. If You Stomp on Them and Keep Them in the Dark Long Enough, They Might Turn Into Something That You Would Take to Dinner
posted on August 27, 2003 01:17:22 PM new
Wow, that truley does suck! And you get even more by putting in more in title and description!
I don't know either, if you only knew who it was that turned you in, and you know, most likely that it is one of the sellers selling the exact thing.
Did the search on my fake Rolex, they do shut them down... figured on that one..
But this ring, wow, that is really something! I don't get it, and like you said, there is one as FEATURED... huh? makes zero sense to me the way eBay works! Sorry this is happening!
Art Bell Retired! George Noory is on late night coasttocoastam.com
posted on August 27, 2003 07:58:25 PM new
If you beleive you are not infringing on anyone's intellectual property, file a counter-notice. If the intellectual property owner doesn't file in federal court in your jurisdiction within 10 days, eBay must allow you to re-list.
posted on August 27, 2003 08:44:05 PM new
"If you beleive you are not infringing on anyone's intellectual property, file a counter-notice. If the intellectual property owner doesn't file in federal court in your jurisdiction within 10 days, eBay must allow you to re-list. "
Great advice...And if they file a counter suit in federal court then you start crappiing your pants and looking for an attorney.
posted on August 27, 2003 08:51:30 PM new
reamond - the problem is that it is ebay and not Harry Winston playing this little game. Ebay in fact has never in any of it's correspondences mentioned the trademark owner and they flat out ignored my request for a trademark number. House of Winston is not listed as a VERO member either, they are one of those design houses that doesn't seem to mind low end knock offs as it increases name recognition and most women eventually want to own an original.
~~~ • ~~~ • ~~~ • ~~~ • ~~~
Men Are Like Grapes. If You Stomp on Them and Keep Them in the Dark Long Enough, They Might Turn Into Something That You Would Take to Dinner
