posted on May 2, 2004 08:06:40 AM new
I decided to look up the Fed Reg # that is on the VeRO member's About Me page. He states it as 1,806,107 registered in 1993. Here's what I got:
Hardly a purse and hardly 1993 as he claims. More like 1928. Is there somewhere else I should be looking beside the US Patent Office? I checked trademarks and they've only registered their logo - never used, never even implied.
posted on May 2, 2004 08:10:44 AM new
Well I was in Kohls yesterday and low and behold they were selling the rubber purse and also the plastic covered ones. Can't remember the maker though. They were $19.99
posted on May 2, 2004 08:26:32 AM new
My whole thing is that their About Me Page is fraudulent so therefore their claims are. What they claim this patent number refers to is: a rectangular design attached to the flap of a handbag, such as appears on the Kelly and Birkin bags. A very vague description at best and I believe too vague for the patent office.
I have emailed eBay with the complete findings including a link to the patent page where I obtained this information. It would be in eBay's best interest to put a stop to the VeRO abuse. I couldn't believe what I was reading on Tabberone as well as other bulletin boards across the Internet. It seems even if you want to sell your used designer shoes, you could be subjected. There is also a lot of First Use abuse going on: If you've purchased it, it's yours to do with what you want within some very limited limitations.
posted on May 2, 2004 08:46:36 AM new
Here are 2 patents for Hermes...
D481,536
6,318,528
Wether his "about me" page is factual or not, may or may not disuade eBay, however without seeing the actual auction it is all subject to your story.
One side does not make for good advice.
AIN'T LIFE GRAND...
It's too bad that their blindness can't see they are killing more soldiers than President Bush ever has... Protest Loud and Proud! Your fellow taliban and insurgents are rejoicing at the support...
I had another thread on Friday http://www.vendio.com/mesg/read.html?num=2&thread=561966 where I cut and pasted the auction information from SMPro since the auctions are no longer available. Thanks for those patent numbers. I searched and searched, but came up with nothing. Guess I don't have the magic touch.
posted on May 2, 2004 09:09:25 AM new
Cheryl, the handbags that are allowed on Ebay don't have the belt-like strap. The copy of the strap design violates the copyright.
From the article that I posted on your previous thread.
Hermes doesn't take issue with jelly bags that omit features it views as central to the Birkin appearance. Of primary importance is the belt-like strap encircling the top of the bag, which is depicted in federal trademark papers for the design detail. Hermes believes any bag with such a belt-like strap violates federal trademark and "trade dress" rules that protect the Birkin's distinctive features — a claim that has inspired some creative mutations.
The more benign versions — currently sold at stores such as Federated Department Stores Inc.'s Bloomingdale's — lack the famous encircling belt. These bags aren't considered a trademark problem, and they pass Hermes's sniff test. But some others don't.
posted on May 2, 2004 10:21:39 AM new
Wouldn't the 'strap design' copyright infringement be a violation by the designer of the bag...not the seller offering it on eBay?
posted on May 2, 2004 11:01:02 AM newHermes believes
Yes, Hermes believes. Believes being the key word. But, that doesn't make it so. The strap does not encircle the purse. It decorates the front. I'm letting it go because I no longer have the bags, but I don't think they'd have a leg to stand on in court. French.
Edited to add: The strap is attached to the inside of the front of the purse and does not go all the way around it as it appears in the photo. I've taken Hermes description as going all the way around the purse front to back. Maybe that's the difference. A bag I've had for years (before 1993) has a strap in the front as well. Maybe Hermes stole that design. Still, a warning would have been nice.
Cheryl
[ edited by cblev65252 on May 2, 2004 11:03 AM ]
