Auction cancellation for the use of the word tank

[jray322628]

I used the word "tank" to describe the form of a Waltham wristwatch and ebay cancelled the auction (200011892262 - Classic Lord Elgin Curved Back Tank 21Jewels 1930's) saying it was an infringement on the use of the word tank since Cartier owns the word. Has anyone else heard of a situation like this? There was no mention of Cartier anywhere in the auction. How can ebay prevent me from using a commonly accepted term in describing a watch? Something seems wrong here how far can companies go?

[gregoryswatches]

Tom,

Regardless of whether the listing is removed or not, you're committing trademark infringement everytime you list a non-Cartier watch as a tank, tanq, tanker, tanck or any other confusingly similar name. Cartier regularly browses eBay for infringements and VeRO takedowns become a part of your permanent eBay record. If you have more than 2-3 VeRO takedowns, Trust & Safety suspends your account. Is it worth the risk?

Greg

[everythingisart]

I think we should give the rights to all "T" words to Cartier, after all they've earned it.

I have mixed emotions about this issue. On the one hand I do believe that there are intellectual rights that should be protected. On the other once a thing becomes iconic to disallow all reference to it is hissy.

If someone offers a Hamilton Tank Style watch they are not trying to misrepresent or defraud but I'll go along with the fact that Cartier won the ruling and it is their right. That they can claim right to anything that sounds like Tank is ludicrous.

[gregoryswatches]

everythingisart,

I'm in complete disagreement with you on this issue. Cartier clearly invented the word "tank" to describe a particular shape with wider sides (that look like tank tracks) and narrow top frame. The things being called "tank watches" by sellers (illegally) are not tank-shaped at all (like the watch you are calling a "Hamilton tank"), but just rectangular. In fact, this trademark infringement has happened so often to describe ordinary rectangular watches that people have almost forgotten why the watch was named a tank. It was because the shape and sides looked like the tracks of a WWII tank:



Does your Hamilton watch look anything like the tank above? Probably not. For the life of me, I don't know why people are so stubborn on this issue. Why not just call your watch a "rectangle"? The word "tank" isn't a word that one would normally associate with watches anyway. It is only because Cartier spent millions of marketing dollars that it has meaning within the watch world. They have a valid trademark and have a right to protect this trademark.

Trademark owners also have the right under U.S. trademark law to protection against confusingly similar names (e.g. tanke, tanker, tanq, etc.) which tend to devalue their trademark. You can clearly see how their trademark has already been devalued by from improper use; people believe any rectangular shape is a "tank", when the shape described by "tank" is supposed to look like the picture above.

Can't we put this issue to bed once and for all?:

1) Cartier invented the word "tank" as it pertains to watches
2) Cartier applied for and received a legal U.S. trademark for the word "tank" as it applies to watches
3) Cartier spent millions of dollars advertising the word "tank", so it would have meaning in the watch world
4) Cartier has the right to enjoy and protect their trademark against those who mis-use it
5) Using confusingly similar names, such as "tanq, tanck, tanker, etc." is prohibited under trademark law and Cartier is perfectly justified in pursuing these as violations of its trademark.

Greg

[everythingisart]

I'm familiar with the history of the tank watches and understand what they are trying to protect.

I also don't contest Cartier's prerogative in going after people who infringe on their property. I don't have a horse in this race (can't say dog in this fight anymore) as when I find a rectangular watch and buy it to sell it (I personally don't like the style) I never use the term tank unless it is a "Tank" watch.

This still leaves me with my opinion that they are petty in "going after" people who refer to the style in describing their 40's rects.

[everythingisart]

I do want to add that I feel it is a waste of "title space" using the term as I'd rather find the real name of the model and use that.

[w2njs]

IMHO no serious and informed watch collector uses the term "Tank" to refer to a watch unless it's a Cartier. Rather, the term gets used loosely by the seller to whom the watch is a simple commodity instead of something to be valued as a watch. Misuse of the word to me means the seller doesn't know all that much about watches and to him all, or most, rectangular watches are called "Tanks." It's just another point to be taken into consideration when deciding whether or not to deal with a person, and to me anyone who misuses a term or otherwise shows their lack of knowledge is someone I'd probably tend to avoid. It's certainly a shame that it's so easy to get stuck with junk on eBay but I guess that's the price of allowing everyone in who wants to sell things, but that's probably a whole different discussion.

Tom

[michael_kl_321]

Hi there,
the Richemont Group also strike Germany. A friend of mine is a private seller on ebay who sells wrist-watches with a brand name. Until now the Richmont Group has reported him about 20 times and now his account is temporarily suspended. He used words like masterpiece, gold and diamonds, for example a Seiko retro masterpiece or Breitling 18 carat gold. Richemont has no right to cancel honest auctions but who cares?

[sirnewport]

FYI....Since I collect miltiary vehicles and actually own a couple of real tanks,I would like to clarify; the cartier watch was called a tank watch becuse it looked like a WW1 tank. WW2 tanks, which I collect, lost that profile from above.

[mrm_iam]

tHIS SAME THING JUST HAPPENED TO ME ON EBAY...........mIKE. bluehorseshoe51@gmail.com

[rajputttt]

They removed my listing on the request of richemont group , when I contacted richemont group , they replied that I used word tank in my posting and compared my watch to cartiers watches which I never did. Neither I compared my watch to cartier watches nor I used the word tank in my listing. I have no idea why they did that

[pjcooper4855]

I just had my listing pulled for referring to the watch I was selling as a 'tank' I actually usd the word with very little consideration, I have now learned something fro this expereience and I really dont have my ego tied up in  this at all. It would seem that Cartier has every right to have the listing pulled and I respect their efforts 100% To the individual who suggests that a seller is being ignorant for making this kind of mistake I think is being ignorant himself. I sell a wide range of items on ebay and half the time I have to research what it is Im selling and its actually one of the fun aspects of the 'job' my knowledge is now so wide that it borders on ridiculous! I am not ashamed one bit of selling items on ebay I do not have 100% kn owledge of and am very happy to 'live and learn' I consider the Cartier experience a learning experience and am quite grateful for it actually! Peter

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@ezednem wrote:
hello, just had 2 of my vintage American watches removed because of "TANK" hard to believe.. would think this is a Public Domain word by now..Ebay also threatens to suspend my account..amazing! all the money they bring in and all I get is generic form reply's...**bleep** me off big time!!
Eddie

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[slaughter1074]

HELLO! Lets get into it. I also just got a listing pulled. Lets talk watches.. Lets compare the word Tonneau. The shape if the case meaning barrel. Cartier has a Privee collection called The Tonneau a barrel shaped watch. They do pour millions into the style of this watch and shape also. Based on your argument and others I seen this should be Cartier right to the name and the name tonneau shouldn't be used for companies like Longines. Doesn't Longines have a right to make Cartier to stop using the word tonneau considering Longines cmused thus shape first in 1929?? Makes no sense this should be able to be used as tank shape. I am in the industry it is just wrong

[stellas_closet]

Hi.. I got a tank cartier watch at an estate sale. Maybe you can help...? Can you tell. E if this is authentic ?

[aristotles_id]

I have seen more authentic 4 dollar bills.

[clumberman]

You can use "tank" when describing a Cartier watch, as in Tank Francaise, Tank Louis Cartier, Tank Americaine, etc.  It's only when you use "tank" to describe =another= brand that you get into trouble.  We had that happen to us years ago and this is the way it was explained to me.  Seems that "tank" is trademarked when it relates to watches.  Now, if you said something was "built so robustly it's like a tank", I don't think they could touch you on it, though they might try.