Fenix03
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posted on August 30, 2003 11:58:01 AM new
Buyer purchases item. Item clearly states XXX Style, Item clearly uses description that says this is not made by XXX but is similar to their style
Buyer sends payment via their CONFIRMED PayPal account
eBay says - you are bad bad seller - no chocolate mousse for you tonight and oh yeah - don't sell this item again. Sends similar notice to buyer
BUyer, less than 24 hours after sending payment and without bothering to contact seller - files a dispute with PayPal.
Now lets be honest. I can ship this item out Tuesday morning with Delivery confirmation, file DC number with PP and be done with this rude idiot child who is getting exactly what she paid for anyway or I can refund her after a proper scolding.
What would you do?
BTW - this item bsolutely could not be mistaken for an authentic XXX product... they don't even make this particular item - I used the XXX name because it is the most widely recognized way to describe it.,
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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
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BEAR1949
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posted on August 30, 2003 01:45:23 PM new
Do you really want to put up with the crap the buyer is going to give you? If you do, ship it, If not refund the payment & do not leave feedback first.
Artificial intelligence is no match for natural stupidity
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sanmar
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posted on August 30, 2003 01:54:15 PM new
Fagetaboutit. Do the refund & move on. A really big hassle is on its way if you don't & you will lose. Why did eBay get into it? Was this a VERO?
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dadofstickboy
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posted on August 30, 2003 01:55:39 PM new
Do you really need to know the answer to this question?
I think you already know!
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dadofstickboy
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posted on August 30, 2003 01:57:19 PM new
BTW - this item bsolutely could not be mistaken for an authentic XXX product... they don't even make this particular item
Then( WHY ) did you use their NAME???
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Fenix03
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posted on August 30, 2003 02:07:08 PM new
1) The question was not what shoul I do - I'm still waiting to hear from the buyer because it's a wierd situation.
2) Yes - Ebay got involved on a VERO question because I included another manufacturer in the description
3) Dad - had you read the sentence DIRECTLY following the one you quoted you would have your answer. I used the XXX name because it is the most widely recognized way to describe it. This type of thing is one every day. Check out all of the "Tiffany Style" lamps, etc.
~~~ • ~~~ • ~~~ • ~~~ • ~~~
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
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stopwhining
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posted on August 30, 2003 03:11:24 PM new
buyer does not want the item any more.
since you have not shipped,the best way is to refund her.
-sig file -------The thrill is gone!!
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Fenix03
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posted on August 30, 2003 03:16:22 PM new
Actually - I emailed the buyer and they do want the item- it was a newbie.
~~~ • ~~~ • ~~~ • ~~~ • ~~~
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
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jnash
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posted on August 31, 2003 12:54:31 PM new
So the "Newbie" buyer got a notice from Ebay, too. Assumed the worst,
panicked and reacted.
I guess a deal is a deal so I'd follow through once I had my money for
sure and hope for the best. And keep that email where they said they
really still wanted the item around for a while.
The bigger question is did Ebay tell you not to list this item again or did
they mean to not use the XXX in your description again? I've never been
in that situation so I'm asking.
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Twelvepole
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posted on August 31, 2003 12:58:29 PM new
I would refund the money and move on... figure out how to list it so eBay doesn't slap my hand...
AIN'T LIFE GRAND... 
[ edited by Twelvepole on Aug 31, 2003 12:59 PM ]
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Fenix03
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posted on August 31, 2003 01:32:01 PM new
J - I got a follo-up from ebay last night that makes me really curious. The item was shut down at the request of XXX because they apparently felt it implied that they were the manuafacturer. That's usually the end ofi it as far as Vero endings go but last night I recieved a followup from ebay telling me where I can go and how to dispute it. Never had that happen before. Maybe they thought it was wrong too. I am trying to figure out a good way to rist because the item a quick seller.
~~~ • ~~~ • ~~~ • ~~~ • ~~~
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
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stopwhining
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posted on August 31, 2003 01:58:18 PM new
folowup email from ebay could be a canned email for every auction cancelled due to vero.
you are contrasting your self-it is a quick seller and yet you have done nothing wrong by referring to the manufacturer.
admit it,you are exploiting its name.
-sig file -------The thrill is gone!!
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Fenix03
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posted on August 31, 2003 02:25:56 PM new
Of course I am exploiting the name. It is the most obvious way to describe the item. Say you have a red apple shaped box but it is not actually an apple. You are still going to use the word apple in your description right? I'm not contradicting myself at all. I said that I clearly state that the item is not a XXX item but is in the same style. The fact that it is a quick seller has no relevence on the topic, only that I need to find a way to describe it that still makes it as visable.
Oh and the email seems to either be a few and far between or is something new because I have never recieved it before despite other Vero notices (a video company which tried to claim copyright over products that they had not produced and another claiming old titles I was selling off were not originals)
~~~ • ~~~ • ~~~ • ~~~ • ~~~
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
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fluffythewondercat
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posted on August 31, 2003 03:48:39 PM new
Say you have a red apple shaped box but it is not actually an apple. You are still going to use the word apple in your description right?
Not if "apple" is trademarked for boxes. That's how trademarks work.
A lot of people don't get this, but it's an important distinction and as time goes on, it's going to bite a lot more sellers in the heiny.
There's a lot of heart charm jewelry out there, and many sellers use the word Tiffany to refer to it even though the item is not in fact Tiffany. What they are doing is wrong. As commercial enterprises, you and I are expected to know this. It is not OK to use someone else's trademark without their permission, even if the usage was done innocently.
If it's any consolation, I got one of those nasty "you're violating our trademark" emails (not from a VeRO member, though) so I have been through this. It feels weird to be told that you cannot use a common English word to describe something because someone else has exclusive commercial rights to it.
Our motto: Bright and shiny baubles for persons with low impulse control.
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cantwin
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posted on August 31, 2003 03:49:12 PM new
i know what i would do however in your situation, you should just quit and go work at Mcdonalds if you can pass the employent test
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tomwiii
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posted on August 31, 2003 04:03:04 PM new
"Slap yer ass on the grill...
Fill the shakes till they spill...
Then, just for fun...
Blow yer nose on the bun!
You deserve a break today...
So get up & run away...
From MacDonalds!"
When did they start hiring lesbos??
~~~~~~~~~~~~~~~~~~~~  ~~~~~~~~~~~~~~~~~~
Ralphie loves Mr Blonde:
"Are you gonna bark all day little doggie, or are you gonna bite?"
http://members.ebay.com/aboutme/vidrat/
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noh2
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posted on August 31, 2003 04:30:14 PM new
thats what i said all along!!
burgerflipper,you go first!!!!!
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Fenix03
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posted on August 31, 2003 04:31:28 PM new
Fluffy - good to see you ahve returned to the frey! Truth be told, the only thing that bugs me is that now I have to figure out another way to list this item.
Tom - I realize you may be joking but the Lesbian thing got old in the first thread. Why are you even bother to aknowledge the little piece of trash by furthering it
~~~ • ~~~ • ~~~ • ~~~ • ~~~
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
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noh2
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posted on August 31, 2003 04:31:49 PM new
what if i say this-
take a look at my copier,it can XEROX many copies.
burgerflipper,you go first!!!!!
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cantwin
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posted on August 31, 2003 04:36:51 PM new
Fenix we wouldnt even be crossing paths if you didnt put your smart ass remarks in all the time ,
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Fenix03
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posted on August 31, 2003 04:53:56 PM new
cant - I made a joke about a pessimistic comment made by someone with a pessimistic name - that's called IRONY.
You start into a rash of personal attacks and name calling. That's called immature and childish.
If that's the impression that you want people to gain from your comments in every thread as you ignore topics to make personal attacks, be my guest.
~~~ • ~~~ • ~~~ • ~~~ • ~~~
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
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sparkz
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posted on August 31, 2003 06:15:47 PM new
Fenix...I'm surprised they took the Vero route on this. If I would think keyword spamming would be the thing to jump on, as it can be so vague. Keep that in mind when you reword your listing. Don't get blindsided by a competitor.
The light at the end of the tunnel will turn out to be an oncoming train.
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Fenix03
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posted on August 31, 2003 06:26:59 PM new
VERO is when XXX comes after you. on Keyword spamming Ebay does it. In this case, from the email I got, XXX claimed infringement. This is shaping upp to be a very good week despite their best efforts. Add that to the fact that to the mass advancements in my offline work and I'm actually pretty happy right now.
~~~ • ~~~ • ~~~ • ~~~ • ~~~
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
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Libra63
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posted on August 31, 2003 08:40:35 PM new
It's like putting Gucci like in your description for a purse that looks like Gucci, says Gucci but you know it isn't Gucci. Gucci will come after you. The major companies do not like people using their good name on inferior products. Not that the product your selling is inferior but to the company you are referring to thinks it is....
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