cblev65252
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posted on April 29, 2004 06:07:24 PM new
After two auctions closed with winning bidders, eBay ended them because of Vero violations that were non-existant. Since you cannot view the auctions, here is the wording (cut and pasted from SMP)
Large Hot Pink Jelly Purse Handbag
These bags are very hot right now. Dimensions: 14"x10.5"x4". 8" high handle. Silver lock and keys. Magnetic snap closure. One interior transparent side pocket.
Large Pink Jelly Purse Handbag
These bags are very hot right now. Dimensions: 14"x10.5"x4". 8" high handle. Silver lock and keys. Magnetic snap closure. One interior transparent side pocket.
The company that did this is Hermes of Paris, Inc. , Hermes International.
Please help me figure out what to do. There is a lot of money involved here in sales and I cannot afford to lose it.
Cheryl
http://www.kcskorner.com
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Helenjw
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posted on April 29, 2004 06:27:40 PM new
Cheryl, I found this article that may be relevant to the problem...
'Jelly kellys' put Hermes in a jam
Luxury handbag maker in battle against rubber totes
Excerpt...
Kirkland & Ellis continues to scour the Internet for sites that sell dubious jelly bags and other fakes, stopping hundreds of auctions each day. They've sent dozens of cease-and-desist letters to stores such as Limited Brands Inc.'s Henri Bendel in New York, which immediately dropped the jelly bags, and Cashmere Hampton, a chain of five boutiques that Hermes is currently battling in U.S. District Court for the Southern District of New York.
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cblev65252
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posted on April 29, 2004 06:42:19 PM new
There are 1225 jelly purses on a search of eBay. They either end them all or as fed up as I am, I will contact my attorney in the morning. Enough is enough. Maybe if I called it a Jelly and Peanutbutter purse they'd have nothing to complain about. Their business is bad so no one else can sell a plastic purse? If anyone has a phone number for eBay, I'd appreciate getting it.
Thanks
Cheryl
http://www.kcskorner.com
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Libra63
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posted on April 29, 2004 06:45:32 PM new
Cheryl I hope you got my original post. I deleted it so that I didn't do anything against Vendios rules.
Are you sure it was Hermes and not another seller? I sure hope you can straighted out.
[ edited by Libra63 on Apr 29, 2004 06:49 PM ]
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cblev65252
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posted on April 29, 2004 06:51:08 PM new
Libra
I just got off the phone with my attorney who is estatic that this has happened. He's a corporate attorney and said that eBay must end all the auctions containing the word JELLY or put mine back. I may be little and eBay may be big, but they've never seen me this mad. Especially when the money is so badly needed here. Hermes does not have a copyright on the word "Jelly". If they did, Smuckers would be up the creek.
Cheryl
http://www.kcskorner.com
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cblev65252
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posted on April 29, 2004 06:52:01 PM new
Libra - I missed it. Email me at [email protected]. Thanks.
Cheryl
http://www.kcskorner.com
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Libra63
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posted on April 29, 2004 06:54:18 PM new
I don't understand Hermes. If you check men's ties there are many Hermes Ties for auctions and I think the sellers buy close outs. I guess if the item is hot they close the auctions but if their merchandise doesn't sell it goes for closeouts.
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sparkz
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posted on April 29, 2004 07:12:12 PM new
If the auctions ended with winning bidders, go ahead and send them an EOA invoice and collect the money.
A $75.00 solid state device will always blow first to protect a 25 cent fuse ~ Murphy's Law
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cblev65252
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posted on April 29, 2004 07:21:19 PM new
I sent that already, but I think eBay also notifies them about the violation. Fortunately, I keep copies of my eBay invoices and emailed them to explain the situation. Hopefully, they will still buy the items. They are under no obligation now.
Cheryl
http://www.kcskorner.com
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fenix03
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posted on April 29, 2004 07:40:08 PM new
Libra - they are ending knock-off auctions not ones selling their products. Problem is that if you do not use their brand name or the Jelly Kelly name there is really nothing they should legally be allowed to do unless they would like to sue Cherokee who originally introduced the popular sandals about a decade ago.
Cheryl - your lawyer needs to go after Hermes in the same fashion that Tabberone jhas done 11 times now - send him here....
http://www.tabberone.com/Trademarks/trademarks.html
~~~ • ~~~ • ~~~ • ~~~ • ~~~
If it's really "common" sense, why do so few people actually have it?
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cblev65252
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posted on April 29, 2004 07:46:31 PM new
Here's what I've found out. This guy has 50% feedback and I'm betting he's getting back into selling Jelly handbags. He may represent the company by being an authorized seller, but I think he's overstepped his bounds here. Seems he stiffed another seller for over $70 although that was back in 2001. He's also in the U.S. Isn't Hermes from France????
I'll admit, the designs are close. However, there are clear differences.
Kelly
Mine
The kelly has a foldover top, mine an open top with a snap. Kelly has a small lock off to the side, mine has a large lock right in the middle front with a tab hanger for the keys. They are similar, but not the same so it can't be called a fake. I also never even came close to calling it a designer knock off or look alike like the other auctions.
Cheryl
http://www.kcskorner.com
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indianaso
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posted on April 29, 2004 08:55:37 PM new
Cheryl,
Your's is prettier.
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Libra63
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posted on April 29, 2004 09:02:20 PM new
Yes Hermes is from France. Everything they sell is very high priced, but I do agree yours is much prettier.
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Libra63
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posted on April 29, 2004 09:05:26 PM new
Just search Hermes Purses and see how many Fake Hermes comes up. It is quite interesting.
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aintrichyet
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posted on April 30, 2004 03:32:27 AM new
Cheryl ... if the phone numbers for ebay are the same as what i jotted down a year or more ago, they're:
800-322-9266 and
888-749-3229
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neroter12
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posted on April 30, 2004 04:25:38 AM new
Those Jelly bags are very popular with the under40ties crowd, too. Hope you get some recourse for them pulling yours down, Cheryl.
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cblev65252
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posted on April 30, 2004 04:41:44 AM new
I don't know who this French company thinks it is. The only people who could afford their bags are those with plenty of money to throw away. Their objection to those with little money owning something even made from the same material goes beyond arrogant. No one in their right mind would possibly think they're getting a Hermes bag for $19.99. I see these bags everywhere - my supplier has tons of them. A wholesaler in NY is selling tons of them online. They're at every discount department store I've been to. This snot nosed paralegal apparently has nothing better to do. I wonder if Hermes is paying this person PER auction that they have shut down. That's one thing I'd like my attorney to find out. He also wants to find out how many auctions Hermes shut down and if there is a possibility of a class-action lawsuit against Hermes and eBay. Of course, he wouldn't handle it, but he knows someone who would do it on a contingency basis. My attorney is $250 a hour firm (I get free advice from him and 3 hours free each month). According to him, eBay thinks that by returning your fees they've got themselves covered. If anyone can find a loophole, he can. There is reputation to consider and we all know how important that is here. I'm more interested in going after Hermes. eBay is just an ignorant pawn in their game.
Cheryl
http://www.kcskorner.com
[ edited by cblev65252 on Apr 30, 2004 04:42 AM ]
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wgm
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posted on April 30, 2004 04:52:45 AM new
Cheryl - I agree that you should contact tabberone since they have been up against Vero quite a few times.
I know a seller that sells the same type Jelly bags you do. I just checked and she has quite a few active at this very minute. Actually, she sells several different knock-off handbags - Vuitton, Dior, Kate Spade, to name a few - and has never once has one pulled for Vero. Interesting, she had a Dior spinoff and listed it as a "Christian style" and it didn't even get pulled!
Good luck to you in this = it's totally wrong they ended your auctions...
__________________________________
"The more I want to get something done, the less I call it work." - Richard Bach
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profe51
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posted on April 30, 2004 07:05:27 AM new
here's another phone number if you need it cheryl,
408.558.7400
___________________________________
When a dog howls at the moon, we call it religion. When he barks at strangers, we call it patriotism. - Edward Abbey
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NearTheSea
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posted on April 30, 2004 07:56:19 AM new
Cheryl, I've seen these at JC Penneys! I doubt it was the French Co ones your naming either, but I didn't look who made them.
And yours does look nicer than the other one!
How can this company 'copyright' JELLY??
I'd be pissed too!
__________________________________
"Somewhere, something incredible is waiting to be known."- Carl Sagan
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gousainc-07
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posted on April 30, 2004 07:58:00 AM new
Cheryl,
My limited understanding of the Vero system is you can refute the take down of your auction. The party claiming infringement has x amount of days to file a legal suit against you. If they fail to do that, you are free to place your item back on eBay.
If you think you are right and do not follow the required steps before re-listing, you could face a suspension of your eBay account.
Good Luck.
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kiara
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posted on April 30, 2004 08:50:10 AM new
There are some ebay sellers currently suing Shabby Chic/Rachel Ashwell over VERO and I hope they win.
Here are some highlights of the case and the URL is posted below.
5. Upon information and belief, Shabby Chic has actively engaged in threatening and intimidating persons who have attempted to sell items on eBay when the listings included the words "Shabby Chic", individually and as a phrase, in the item title or item description. These actions include threats of litigation through cease and desist letters as well as terminating eBay auctions using the above mentioned words.
11. The plaintiffs manufacture a wide variety of fabric items from a selection of fabrics lawfully purchased through a variety of national outlets. In the course of business, the plaintiffs also buy and resell various collectibles and other items.
12. The plaintiffs offer these items for sale using the eBay internet auction site using the seller identification of Tabberone. They have been selling fabric items and collectibles on the internet auction since 1999.
13. The plaintiffs also maintain a web site, www.tabberone.com, through which fabric items and collectibles are also sold. This web site has been in continuous operation since 1999.
15. Based upon information and belief, around 1989, Rachel Ashwell formed the company Shabby Chic, at the same time filing for a federal trademark for the company name. Since the term "shabby chic" was already in wide use in the decorating field, the trademark application was invalid and should not have been approved.
http://www.tabberone.com/Trademarks/ShabbyChic/lawsuit/complaint.html
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Good luck with this, Cheryl. I hope it turns out well for you as some of these VERO people are going too far.
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cblev65252
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posted on April 30, 2004 09:35:32 AM new
I just heard from my supplier. They are having their attorney check with the bag's manufacturer and will get back to me. Even their attorney cannot see where the problem lays.
Cheryl
http://www.kcskorner.com
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topdesignplus1
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posted on April 30, 2004 10:59:57 AM new
wow... what a coencidence. have any of you ever heard of a berkin bag? some of you may have, some may have not. a berkin bag is strictly for celebrities or the extravegantly wealthy. these berkin bags will sell for about $20k and up. seriously.
i was watching sex and the city one night and they mentioned a berkin bag. i started doing some research on this amazing but dumb concept.... the designer's name is <b> Hermes Berkin </b>. about 4 months ago (when all of my research was taking place), i found that people were selling knock-off berkin bags called "Jelly's". i doubt that Berkin bought Jelly.
nevertheless, i'm sure there is some type of association with this here. whoever is up for doing some research... LoL... it's on you... LoL, i'm honestly a bit lazy right now.
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