OT - helpful advice for ebay sellers
 

Just to help out my friends here that may sell on ebay. After 6 years of selling on ebay, this morning I got an auction pulled for the first time! :eek: Don't know if anyone here was bidding on it, I was selling a set of the white face SVX gauges. The reason it was pulled? Without thinking about it, I used a certain trademarked name in the auction title that described the way these gauges light up, or glow. :rolleyes: I used this out of habit and I think because back when I bought them that is what the original seller called them by. I noticed that original seller was banned from ebay for a while back then and then came back. Now that I look more closely, they no longer use that certain trademarked word....... hmmmm coincidence?:D

So just a tip to anyone selling on ebay, there are some big corporations out there apparently sweeping the sites for any occurence of trademark infringement. I don't think they would have minded using the word if the product actually was a licensed product of theirs, it was just an inproper representation. Be careful!

Here's an email their legal department sent back to me after I inquired why my auction was pulled (when ebay notified me it was pulled they gave me the entity's email). I've **** out any names so I don't get in trouble again! :D

---------------------------------------

Thank you for your recent e-mail regarding your cancelled e-Bay
auction.
Your auction was cancelled because it infringed on the trademark
*******. This is a matter of great concern to ***** Corporation and its
affiliated company ******* Corporation.
In or about 1989, ***** developed an electroluminescent light that,
when
incorporated in a watch, clock or other product, illuminates its face
with the push of button. The ******* trademark, which is owned by
******* Corporation, is used for watches and clocks and is licensed for
use on a number of other products. The trademark is registered in the
United States Patent and Trademark Office under Registrations Nos.
1,772,***; 1,820,***; 1,934,***; 1,974,*** and 2,336,*** and our right
to its exclusive use has become incontestable under federal law.

The ******* trademark has been extensively used, advertised and
promoted. ******* has become a famous mark signifying origin in *******
Corporation alone, and it represents a business and goodwill of
tremendous value.

It is not only likely, but inevitable, that consumers would believe
that
the ******* product being offered via auction on e-Bay emanates from
******* Corporation or has been authorized or approved by it. It has
not.

Your use of ******* is a clear act of trademark infringement, unfair
competition and dilution in violation of federal and state laws. We
will
continue to request that all auctions using the term ******* or selling
products that bear the trademark ******* be cancelled. It appears that
the ******* products are imported. We request that you send us the name
and address of the source of the merchandise with any sales literature
or other documentation any importers may have furnished you concerning
the infringing products.

We have been told by e-Bay customer service that you are free to
re-list
your item without using *******(W). Appropriate replacements would be
EL-GLOW and electro luminescent.

We appreciate your cooperation in this matter.

Legal Department
***** Corporation
Telephone: (203) ***-****
legal@*****.com

Uh, if you'd like to be helpful, what word can't we avoid?

Also, if you want to make fat cash, put Type R on any car part. It gets a zillion hits, I sold a 15 dollar console for 70 bucks once. A 20 dollar antenna for 40. Type R rules.

- Rob

Look, I'll write it. The trademark is Indiglo and the company is Timex. It's a little surprising to me that Timex would bother going after individual eBayers over this, but I guess since they're all on one site, they make easy targets. Companies selling products over the web at their own sites are slightly harder to nab in such numbers. A great number of auctions are run by companies selling their products exclusively through eBay, anyway.

Okay, so now that's over with, I guess I'm not surprised any more. :D

Indiglo is the common name for that color of electroluminescence whether Timex likes it or not. It's a catchy name for it. Kimberly-Clark doesn't hunt down every person who says 'kleenex,' for crying out loud. Or maybe they do. I dunno.

Anyway, it's Timex's right to protect their trademark. Whether or not the 'dilution' that results is worth the efforts by their legal department, I dunno. I suppose that the more they protect it, the longer it takes for the term to be commonplace and out of their hands, legally.

Have I made a single point in this post? Man, I'm a bore to read.

LOL Nick you crack me up! Are you dizzy yet from going around in circles? :D

It's scary, but I followed your course of thoughts there, and I think you managed a couple points there, or at least it was somewhat interesting.

One of my co-workers (well for another 26 days:( ) took a marketing class recently and showed us the chapter they did on this phenomenon - where one particular product so dominates the marketplace that its brand new is used as a common noun.

Kleenex is a good one. I used to sell tools and there are a ton of those; Skil Saw, Jig Saw, Vise Grip, to name a few (I actually forget the real generic name for a couple of those!).

To make it relevant to this site - it would be like the SVX becoming so well known that most people just started referring to any similar car as an SVX. :D (Okay, I don't think that has ever happened with ANY make or model of car, but it was a fun example)

I didn't really have a problem writing the names, I don't think they will ever find this site and if they do there was no false selling going on here. I omitted thing purely for the comic value of it. :D I figured 99% of the people here would know from the context exactly what the names were. :p

That Type R thing is hilarious though. When I relist maybe I'll have to try that. ;)

If it isn't "Type R", wouldn't that be misreppresenting the item? If they bought the product and found out it wasn't Type R, they may want their money back. :eek:

uspto.gov
 

18 "type r" or "r-type" tm's listed. I think if you said "Similar to Timex Indiglo tm" you'd be fine. most software has a similar disclaimer when mentioning Microsoft OS's

Like "Windows is a regitered trademark of Microsoft Inc." Blah blah blah.

Lastly If they DON'T defend the name, it becomes open to public use.

fun fun fun.

Collins
92pearlie

No. Hell, you should have seen the gauges I just sold on ebay. I sold them as Dodge Neon Mugen Type R Guages!

It was pretty funny. :D

- Rob

You know, this is just stupid. I think everything I sell on ebay from now on I'm going to write "INDIGLO INDIGLO INDIGLO" on the bottom just to piss Timex off. >:\

I hate big companies.

- Rob

LOL! Fun idea Rob! I'd be curious to see what would happen. You might get away with it because you are not representing an item as in indiglo product that isn't really an indiglo product. (did that make sense:D )

If you really want to get pissed off, check out this link:
VeRO Program

I know, I know, people protecting their hard earned copyrights and protecting their products' reputations, but still, it does feel a little more like a corporate police state every day.

There are a couple of them aren't there! :)

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There, that should do it! :D :D I feel much better now. :)

Is that what your driveway is going to look like in 5 years??

LOL - Could be! :D

Man, talk about coincidence. Ebay just pulled an auction of mine yesterday, for the first time also!

Why?

Well, I was selling 4 model rocket kits in the ROCKETRY section, and they CLOSED the auction because they claimed I was selling FIREWORKS.

Um. HELLO!?!?! YOU HAVE A ROCKETRY SECTION, so OBVIOUSLY you must be able to sell this stuff, and I'm OBVIOUSLY not selling fireworks.

Morons. I would put it back up, but luckily someone hit 'buy it now', so we're doing the deal anyway.

Ebay must have an influx of morons this week.

- Rob