Alleged Copyright Violation (Swarovski)

[goldunltd]

OK, today I get 2 crystal listings deleted due to "copyright violation" from Swarovski....had it done back in June for 2 items earlier.  I wrote to Swarovski in June twice, and never got a reply.  I revamped my listings to make it clear I don't manufacture, create or make these crystals, only that items in my listings are authentic Swarovski.  It was my understanding  I should not claim (or HINT) that handmade jewelry items (using Swarovski beads) are items "made by Swarovski."  I'm not a fool, I never did that anyway!  I would state, "Made with authentic Swarovski crystal rhinestones/beads."  I was making I-Phone cases that got pulled last year, even if I wrote "Embellished with Swarovski rhinestones." 

I have a resell license and account with a Swarovski supplier in Northern California since 2007.  I don't claim in my ads I "manufacture" any crystal. I use the copyright "C" symbol in my listings, unlike the hundreds of other listings that remained on line.  

How can (re)Sellers avoid copyright issues?  Every single reseller of brand name items states the actual brand name in their listings!  I see watch brands such as Seiko, Citizen clearly listed (used or new), or see "Swarovski" in every costume jewelry listing from China....I see it everywhere!  I never see anyone using a trademark or copyright symbol either!  Yet my ads get pulled?

I just checked again, and see HUNDREDS of similar listings...yet mine gets pulled?  These crystal prisms are the mainstay of my Ebay sales since 2007...

How do I get "permission" from Swarovski, located in Europe, to "allow me" to post listings?  What about the other violators?

Swarovski doesn't reply to emails, for starters.  Why didn't they start pulling all my Swarvoski listings in 2007?

I don't get it.  I can see someone trying to pull my TRS status (and discounts) rug out from under me. X-(

So do I list them as "Austrian Crystals by a famous maker?"  Geeze!

[mintrobmint]

Im sorry DPK....I have 1 word for you......

AMAZON!

[hondamedic]

Dunno, does this help?> http://cgi3.ebay.com/ws/eBayISAPI.dll?ViewUserPage&userid=swarovski*1

North America Contact Info

http://www.swarovski.com/Web_US/en/contact_entry

1-888-207-9873

snal_shophelp@swarovski.com

[europeanhomedeco6]

These are official idiots violating the property rights of owners

i am selling my private collection of USED Swarovski crystals chandeliers and got everything blocked by Ebay at the request and false acusations by Swarovski.

As far as i know and as far as I m concerned i am disposing of my own , paid for , property and sime jerk from Austria thinks they are still under The Third Reich rules violating whenever they please property rights.

Ebay has its own fault here allowing such abuses instead of defending their member"s rights.

I seriously take into consideration sueing Swarovski for violation of my property rights.

If anyone else interested to join me against Swarovski please contact me:

adriancatalinpetre@gmail.com

They should be responsible for damages abd losses and not be allowed to do any business at all anymire in the USA

[hidy-hoo]

@europeanhomedeco6  Hi, euro...I am a bit confused by your statement about the chandeliers being "used" because your listing states that they are "new other" which means they are NOT used...anyhoo, the most likely explanation for your VERO take down is because you simply state "Swarovski" which is a "no no" as it implies that the chandelier (or whatever it is you are selling) is actually "made by" Swarovski, which is not the case. You should change your title to say "made/adorned/enhanced with" Swarovski crystals. Here is eBay's explanation:

http://vero.ebay.com/vero/swarovski%2A1

Our trademarks (product names), logos, and copyrights (product designs) are among Swarovski's most valuable assets. The SWAROVSKI name and trademark, and all other trademarks owned by the Swarovski companies, may be used only on finished products made or marketed by Swarovski itself. Even if an item such as a bracelet which is sold on eBay contains crystals made by Swarovski, describing that item as a "Swarovski bracelet" is misleading if the bracelet itself is not manufactured by Swarovski. Such a bracelet could properly be described as a bracelet "made with", "enhanced with" or "adorned with" Swarovski crystals. Swarovski well-known trademarks include: SWAROVSKI the Swan Logo SILVER CRYSTAL and DANIEL SWAROVSKI Even those selling jewelry containing Swarovski crystals may not use the SWAROVSKItrademark or Swarovski other trademarks without Swarovski express written consent.

[europeanhomedeco6]

Thanks for your explanation but whatever you want to name it it is my personal property and paid for it. Probably when you sell your next car you should not forget to title your listing: Sell great car made with Ford parts. Anyway FYI if your read the listing and its specs I have clearly mentioned : both "new other - like new" which to me means it is not new, it is like new.
It is also mentioned clearly in my listing, for those who can and want to read, under specifications: made by Orion Vienna Austria.
To conclude I wish you to have your property rights just as "not violated" as in my case.

[hidy-hoo]

Agreed, it is your personal property but the way your listing title is worded makes it sound like the lights are made/manufactured by Swarovski and that is why the listings were taken down by Swarovski...and they are very aggressive with their VERO takedowns...just change the wording in your title and you should be fine.