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!
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.
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?
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!
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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