This is an old issue. The Richemont group, which owns Cartier and many other watch companies, has been taking down auctions for several years for unauthorized use of their trademarked term "tank" when describing a watch shape other than Cartier. The word "tank" was first coined by Cartier in 1917 to describe the shape of their new watch which looked like a military tank when viewed from above. A search of the USPTO (U.S. Patent & Trademark Office) database will show a live trademark on file by Cartier for this word, when used in describing a watch.
You don't have to mention Cartier for it to be a case of trademark infringement. Also, don't be tempted to try and re-list using "tank-like" or "tank-shaped" or any other variation to try and circumvent the trademark issue... it won't work and you'll risk another VeRO takedown. Cartier also hasn't hesitated in the past to take people to court over trademark infringement:
Cartier v. Samo's Sons, Inc., 04 Civ. 2268 USDCSDNY January 26, 2006; Cartier v. Symbolix, 386 F. Supp. 2d 354 (USDCSDNY 2005); Cartier, Inc. v. Four Star Jewelry Creations, Inc., 348 F. Supp. 2d 217 (USDNSDNY 2004); Cartier, Inc. v. Three Sheaves Co., 465 F. Supp. 123 (USDCSDNY 1979).
Greg
You don't have to mention Cartier for it to be a case of trademark infringement. Also, don't be tempted to try and re-list using "tank-like" or "tank-shaped" or any other variation to try and circumvent the trademark issue... it won't work and you'll risk another VeRO takedown. Cartier also hasn't hesitated in the past to take people to court over trademark infringement:
Cartier v. Samo's Sons, Inc., 04 Civ. 2268 USDCSDNY January 26, 2006; Cartier v. Symbolix, 386 F. Supp. 2d 354 (USDCSDNY 2005); Cartier, Inc. v. Four Star Jewelry Creations, Inc., 348 F. Supp. 2d 217 (USDNSDNY 2004); Cartier, Inc. v. Three Sheaves Co., 465 F. Supp. 123 (USDCSDNY 1979).
Greg
"sounds like a constitutional infringement of some sort"
I'm not sure why you would think that. If you used the word "Coke" to describe your new soft drink, would you be surprised if you got a call from the Coca-Cola Company that owns that trademark for describing a soft drink? Before Cartier trademarked the use of the word "Tank" as it pertains to describing a new wristwatch shape, nobody else was using the word in that context and they applied for the trademark under U.S. Trademark law, just like you or I could have. Then they invested the marketing dollars promoting the new "Tank" style or else you wouldn't even be familiar with the term 90 years later.
eBay doesn't, to my knowledge, publish a complete list of trademarked or prohibited words anywhere, though you can review a partial list of registered VeRO members at the link below and view their individual "About Me" pages for more info about their intellectual property:
http://pages.ebay.com/help/community/vero-aboutme.html
Here is a link to the "About Me" page for Cartier, showing the word "Tank" as one of their trademarks:
http://cgi3.ebay.com/ws/eBayISAPI.dll?ViewUserPage&userid=cartier.ips
Greg
I'm not sure why you would think that. If you used the word "Coke" to describe your new soft drink, would you be surprised if you got a call from the Coca-Cola Company that owns that trademark for describing a soft drink? Before Cartier trademarked the use of the word "Tank" as it pertains to describing a new wristwatch shape, nobody else was using the word in that context and they applied for the trademark under U.S. Trademark law, just like you or I could have. Then they invested the marketing dollars promoting the new "Tank" style or else you wouldn't even be familiar with the term 90 years later.
eBay doesn't, to my knowledge, publish a complete list of trademarked or prohibited words anywhere, though you can review a partial list of registered VeRO members at the link below and view their individual "About Me" pages for more info about their intellectual property:
http://pages.ebay.com/help/community/vero-aboutme.html
Here is a link to the "About Me" page for Cartier, showing the word "Tank" as one of their trademarks:
http://cgi3.ebay.com/ws/eBayISAPI.dll?ViewUserPage&userid=cartier.ips
Greg
"If the word Tank is in the name of the product you are selling it is really not an infringement of the trademark"
garagesale11,
Don't quit your day job, because you wouldn't make it as a lawyer. I would expect a "marketing manager for a very large company" to have a better understanding of trademark law. It is also surprising that it would take anyone 3 VeRO takedowns before realizing they couldn't violate Cartier's trademark, especially considering the VeRO takedown notices from eBay are very clear about the potential consequences (suspension).
Cartier owns the exclusive right to use the word "Tank" as it applies to watches. They registered this trademark (trademark number 1,006,321) on March 11, 1975 for use of the word mark "Tank" as it applies to watches and have spent 4 decades and millions of dollars promoting the brand recognition of this trademark. They also registered the "tank" trademark for eyeglasses (1,546,139) and jewelry (3,006,779).
The watch you're trying to sell, an "Oakley Time Tank", actually got Oakley sued by Cartier:
1:06-cv-05841-LAP Cartier, A Division of Richemont North America, Inc. et al v. Oakley, Inc.
Loretta A. Preska, presiding
Date filed: 08/02/2006
Date terminated: 03/26/2007
Date of last filing: 03/26/2007
Cartier won this lawsuit. Cartier & Oakley reached a settlement (filed March 26, 2007) that enjoins Oakley from further use of the word "Tank" in naming or marketing any of its products. The financial details of the settlement weren't made public, but I would expect that it cost Oakley lots of $$$.
Greg
garagesale11,
Don't quit your day job, because you wouldn't make it as a lawyer. I would expect a "marketing manager for a very large company" to have a better understanding of trademark law. It is also surprising that it would take anyone 3 VeRO takedowns before realizing they couldn't violate Cartier's trademark, especially considering the VeRO takedown notices from eBay are very clear about the potential consequences (suspension).
Cartier owns the exclusive right to use the word "Tank" as it applies to watches. They registered this trademark (trademark number 1,006,321) on March 11, 1975 for use of the word mark "Tank" as it applies to watches and have spent 4 decades and millions of dollars promoting the brand recognition of this trademark. They also registered the "tank" trademark for eyeglasses (1,546,139) and jewelry (3,006,779).
The watch you're trying to sell, an "Oakley Time Tank", actually got Oakley sued by Cartier:
1:06-cv-05841-LAP Cartier, A Division of Richemont North America, Inc. et al v. Oakley, Inc.
Loretta A. Preska, presiding
Date filed: 08/02/2006
Date terminated: 03/26/2007
Date of last filing: 03/26/2007
Cartier won this lawsuit. Cartier & Oakley reached a settlement (filed March 26, 2007) that enjoins Oakley from further use of the word "Tank" in naming or marketing any of its products. The financial details of the settlement weren't made public, but I would expect that it cost Oakley lots of $$$.
Greg
Greg is correct, If a company owns the rights to its name you cant argue with them. Dyson have objected to a review I have written here on ebay, Its just a review, They called it trademark infringement. I spoke to someone from the company, they say its misleading and shows their products in a poor light. I argue its just a review and it shows the good and bad points. Its had over 72,000 hits, but they feel I am not impartial. Ebay have kept it and up. Although if they are threaten with a law suit they will of course remove it, I would also if I was personally threatened. Until then it stays. Other reviews really attack the product, mine shows good and bad points, I think its the numbers of hits they don't like and that it will show up on many search engines.
If cartier own 'Tank' then you should not be able to use it. Mark
A MOVEMENT IN TIME WITH BREITLING & ROLEX AN UNAUTHORIZED HISTORY
If cartier own 'Tank' then you should not be able to use it. Mark
A MOVEMENT IN TIME WITH BREITLING & ROLEX AN UNAUTHORIZED HISTORY
