SVX Network Forums Live Chat! SVX or Subaru Links Old Lockers Photo Post How-To Documents Message Archive SVX Shop Search |
IRC users: |
#1
|
||||
|
||||
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! 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! --------------------------------------- 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
__________________
Troy 1992 SVX LSL "Serenity" 250,000 miles! I don't care, I'm still free, You can't take the sky from me... |
#2
|
|||
|
|||
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 |
#3
|
||||
|
||||
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. 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.
__________________
2005 RX-8 Grand Touring 2005 Outback 2002 Mercedes-Benz E320 wagon END OF LINE |
#4
|
||||
|
||||
LOL Nick you crack me up! Are you dizzy yet from going around in circles?
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. (Okay, I don't think that has ever happened with ANY make or model of car, but it was a fun example)
__________________
Troy 1992 SVX LSL "Serenity" 250,000 miles! I don't care, I'm still free, You can't take the sky from me... |
#5
|
||||
|
||||
Quote:
That Type R thing is hilarious though. When I relist maybe I'll have to try that.
__________________
Troy 1992 SVX LSL "Serenity" 250,000 miles! I don't care, I'm still free, You can't take the sky from me... |
#6
|
||||
|
||||
Quote:
__________________
. Earl .... ... .... ><SVX(*> Subaru Ambassador [COLOR=”silver”]1992 Tri Color L[/COLOR] ~45K (06/91) #2430 1992 Dark Teal LS-L ~184K (05/91) #0739 1992 Claret LS-L ~196K (05/91) #0831 1992 Pearl LS-L ~103K (06/91) #1680 1992 Pearl LS-L ~151K (06/91) #2229 1992 Dark Teal LS ~150K (07/91) #3098 (parts car) 1992 White LS-L ~139K (08/92) #6913 1993 25th AE ~98K (02/93) #164 1993 25th AE ~58K (02/93) #176 1993 25th AE ~107K (02/93) #215 1993 25th AE ~162K (02/93) #223 1994 Laguna Blue Pearl LSi ~124K (1/94) #2408 1994 Laguna Blue Pearl LSi ~144K (10/93) #1484 1994 Laguna Blue Pearl LSi ~68K (10/93) #1525 1994 Barcelona Red LSi ~46K (02/94) #2624 1994 Pearl LSi ~41K (12/93) #1961 1995 Bordeaux Pearl LSi ~70K (02/95) #855 1996 Polo Green LSi ~95K (03/96) #872 1997 Bordeaux Pearl LSi ~55K (08/96) #097 2003 Brilliant Red LS1 Convertible ~29K (04/03) #8951 1999 Magnetic Red LS1 Coupe ~33K (04/99) #6420 My Email | Old Locker | New Locker | Picture of 15 of the 19 |
#7
|
|||
|
|||
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 |
#8
|
|||
|
|||
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. - Rob |
#9
|
|||
|
|||
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 |
#10
|
||||
|
||||
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 )
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.
__________________
Troy 1992 SVX LSL "Serenity" 250,000 miles! I don't care, I'm still free, You can't take the sky from me... |
#11
|
||||
|
||||
There are a couple of them aren't there!
__________________
. Earl .... ... .... ><SVX(*> Subaru Ambassador [COLOR=”silver”]1992 Tri Color L[/COLOR] ~45K (06/91) #2430 1992 Dark Teal LS-L ~184K (05/91) #0739 1992 Claret LS-L ~196K (05/91) #0831 1992 Pearl LS-L ~103K (06/91) #1680 1992 Pearl LS-L ~151K (06/91) #2229 1992 Dark Teal LS ~150K (07/91) #3098 (parts car) 1992 White LS-L ~139K (08/92) #6913 1993 25th AE ~98K (02/93) #164 1993 25th AE ~58K (02/93) #176 1993 25th AE ~107K (02/93) #215 1993 25th AE ~162K (02/93) #223 1994 Laguna Blue Pearl LSi ~124K (1/94) #2408 1994 Laguna Blue Pearl LSi ~144K (10/93) #1484 1994 Laguna Blue Pearl LSi ~68K (10/93) #1525 1994 Barcelona Red LSi ~46K (02/94) #2624 1994 Pearl LSi ~41K (12/93) #1961 1995 Bordeaux Pearl LSi ~70K (02/95) #855 1996 Polo Green LSi ~95K (03/96) #872 1997 Bordeaux Pearl LSi ~55K (08/96) #097 2003 Brilliant Red LS1 Convertible ~29K (04/03) #8951 1999 Magnetic Red LS1 Coupe ~33K (04/99) #6420 My Email | Old Locker | New Locker | Picture of 15 of the 19 |
#12
|
||||
|
||||
Subaru Subaru Subaru Subaru Subaru Subaru Subaru Subaru Subaru Subaru Subaru Subaru Subaru Subaru Subaru Subaru Subaru Subaru Subaru Subaru Subaru Subaru Subaru Subaru Subaru Subaru Subaru Subaru Subaru Subaru Subaru Subaru Subaru Subaru Subaru Subaru Subaru Subaru Subaru Subaru Subaru Subaru Subaru Subaru Subaru Subaru Subaru Subaru Subaru Subaru Subaru Subaru Subaru Subaru Subaru Subaru Subaru Subaru Subaru Subaru Subaru Subaru Subaru Subaru Subaru Subaru Subaru Subaru Subaru Subaru Subaru Subaru Subaru Subaru Subaru Subaru Subaru Subaru Subaru Subaru Subaru Subaru Subaru Subaru
There, that should do it! I feel much better now.
__________________
. Earl .... ... .... ><SVX(*> Subaru Ambassador [COLOR=”silver”]1992 Tri Color L[/COLOR] ~45K (06/91) #2430 1992 Dark Teal LS-L ~184K (05/91) #0739 1992 Claret LS-L ~196K (05/91) #0831 1992 Pearl LS-L ~103K (06/91) #1680 1992 Pearl LS-L ~151K (06/91) #2229 1992 Dark Teal LS ~150K (07/91) #3098 (parts car) 1992 White LS-L ~139K (08/92) #6913 1993 25th AE ~98K (02/93) #164 1993 25th AE ~58K (02/93) #176 1993 25th AE ~107K (02/93) #215 1993 25th AE ~162K (02/93) #223 1994 Laguna Blue Pearl LSi ~124K (1/94) #2408 1994 Laguna Blue Pearl LSi ~144K (10/93) #1484 1994 Laguna Blue Pearl LSi ~68K (10/93) #1525 1994 Barcelona Red LSi ~46K (02/94) #2624 1994 Pearl LSi ~41K (12/93) #1961 1995 Bordeaux Pearl LSi ~70K (02/95) #855 1996 Polo Green LSi ~95K (03/96) #872 1997 Bordeaux Pearl LSi ~55K (08/96) #097 2003 Brilliant Red LS1 Convertible ~29K (04/03) #8951 1999 Magnetic Red LS1 Coupe ~33K (04/99) #6420 My Email | Old Locker | New Locker | Picture of 15 of the 19 |
#13
|
||||
|
||||
Quote:
__________________
David B. SVXipedia @ SVX-IW.COM -- SVX Information Warehouse 2.0 coming...eventually! Ebony 1992 SVX LS-L 5 spd Koni/GC Stebro 187k miles RIP (Rust In Pieces) 1993 SVX 5 spd Koni/GC Stebro Polyurethane bushings still available! |
#14
|
||||
|
||||
LOL - Could be!
__________________
. Earl .... ... .... ><SVX(*> Subaru Ambassador [COLOR=”silver”]1992 Tri Color L[/COLOR] ~45K (06/91) #2430 1992 Dark Teal LS-L ~184K (05/91) #0739 1992 Claret LS-L ~196K (05/91) #0831 1992 Pearl LS-L ~103K (06/91) #1680 1992 Pearl LS-L ~151K (06/91) #2229 1992 Dark Teal LS ~150K (07/91) #3098 (parts car) 1992 White LS-L ~139K (08/92) #6913 1993 25th AE ~98K (02/93) #164 1993 25th AE ~58K (02/93) #176 1993 25th AE ~107K (02/93) #215 1993 25th AE ~162K (02/93) #223 1994 Laguna Blue Pearl LSi ~124K (1/94) #2408 1994 Laguna Blue Pearl LSi ~144K (10/93) #1484 1994 Laguna Blue Pearl LSi ~68K (10/93) #1525 1994 Barcelona Red LSi ~46K (02/94) #2624 1994 Pearl LSi ~41K (12/93) #1961 1995 Bordeaux Pearl LSi ~70K (02/95) #855 1996 Polo Green LSi ~95K (03/96) #872 1997 Bordeaux Pearl LSi ~55K (08/96) #097 2003 Brilliant Red LS1 Convertible ~29K (04/03) #8951 1999 Magnetic Red LS1 Coupe ~33K (04/99) #6420 My Email | Old Locker | New Locker | Picture of 15 of the 19 |
#15
|
|||
|
|||
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 |
|
|