Ebay ignores the fact 3D pirates are selling my design
Summary: The discussion revolves around concerns raised by red64bird regarding unauthorized sales of their 3D design on eBay by pirates. red64bird is seeking assistance or advice on how to handle this issue, noting that eBay appears to be ignoring their complaints. Various participants, including stainlessenginecovers and toysaver, engage in the conversation, but specific points or solutions offered in the responses are not detailed in the content provided.
I have went thru VERO, but Ebay wants to hide behind a false claim the fact that my design is a functional tool and I have no rights unless I have a trademark.
They ignore the fact that ....
The reported seller is commercially manufacturing and selling physical reproductions of a 3D model that is distributed under a license that expressly prohibits:
- commercial use,
- sale of physical prints,
- redistribution,
- sublicensing,
- and derivative commercial exploitation without permission.
The license specifically states:
“The objects may not be used without permission in any way whatsoever in which you charge money, or collect fees.”
It also prohibits:
“sell, rent, host, transfer, or distribute in any way the digital or 3D printed versions of this object…”
Here's the exact wording of the license clearly posted on the 3D model page.
"This user content is licensed under a Standard Digital File License.
You shall not share, sub-license, sell, rent, host, transfer, or distribute in any way the digital or 3D printed versions of this object, nor any other derivative work of this object in its digital or physical format (including - but not limited to - remixes of this object, and hosting on other digital platforms). The objects may not be used without permission in any way whatsoever in which you charge money, or collect fees."
I try to get a real person, but I keep getting responses generate by Ai. Why is Ebay is promoting ip theft by these sellers on Ebay? I have also submitted overlay photos and side by side photos that show the design the seller is selling is mine. I also had Amazon pull down a seller listing from the same design. They must be buying the product from the same wholesaler. The Amazon actually apologized for the ip infringement. Yet Ebay keeps looking the other way!
red64bird
OP3 months agoThanks to all that replied. Today, the seller after I sent him a cordial message 2 days ago that they were selling a product that I was the designer and rights holder of the design being offered in his listing. I also said the original design file is distributed under a license that does not permit commercial manufacture or sale of either the digital file or physical products derived from it without authorization from the rights holder. I provided a link to my product on Maker World.
After two days, the seller apologized for selling the product that was infringing on my design rights, and they remove the listing!
Update: The sller after I sent they a message that were selling a slight modification of my product etc, they removed the listing and apologizing for ip infringement.
So Ebay and their vaunted ip infringement reporting system just ignored the obvious that the product was a copy of my design file, and declined to removed the listing. I wonder if I even had a human look at my ip complaints. Ebays inaction shows me that they don't care about ip infringement as long as they don't have risk, while the seller saw the risks and removed the listing.
A few months ago, I had the same exact product at Amazon removed, and that seller apologized for ip infringement. I believe the Ebay and Amazon are buying from the same supplier in China.
slippinjimmy
·4 months agoThey ignore the fact that ....
The reported seller is commercially manufacturing and selling physical reproductions of a 3D model that is distributed under a license that expressly prohibits:
The license specifically states:
“The objects may not be used without permission in any way whatsoever in which you charge money, or collect fees.”
It also prohibits:
“sell, rent, host, transfer, or distribute in any way the digital or 3D printed versions of this object…”
Here's the exact wording of the license clearly posted on the 3D model page.
You post was a little vague as far as who issued and controls the license. Is it you or another third-party? If it not you then you have to standing to issue an N.O.C.I.
toysaver
·4 months agoHow can you license something you have no trademark or copyright on?
red64bird
OP4 months agoCopyright SR 1-15141493121 Patent Pending 64/071,524
onefootflipper
·4 months agoDoesn't show up in copyright search.
Doesn't show up in patent search.
Have any functional links?
I do see you seemingly took down your own infringing listing on the Maxxair parts.
Also, why would you release your files on this for free and not expect competition to emerge? I suggest pulling your files down on anything you don't want competition on because China won't care at all, and Jimbo in Nebraska won't have enough assets to make suing him worthwhile.
funfactorychannel
·4 months agoIf you believe it is IP theft, you should consult a lawyer for a lawsuit and pass each seller one of those lawsuits or settle.
onefootflipper
·4 months agoAren't your products themselves just a 3D printed knockoff of the actual MaxxAir Screen Retainer Fingers? The screen has a current patent.
mattva
·4 months agoYou need a patent to prevent others from reverse engineering and selling your invention. A license and trademark are meaningless without a patent. If it's been less than a year from your first sale of the item you can still have one implemented. If it's been more than a year it's fair game for anyone who wants to use your design.
inhawaii
·4 months ago...........
kibble-net
·4 months agoIf this is genuinely IP theft, you need an attorney on retainer immediately to deal with this. These are not light accusations.
grann-4629
·4 months agoThere are lots of wannabe attorneys here ... hope one shows up to provide advice. Best of luck.
ryry-jj
·4 months agoI couldn't possibly have an option on this one way or the other...this is why you employ trademark/patent attorneys, let them figure it out
stainlessenginecovers
·4 months agoStill seems that without a trademark or copyright, a license is basically worthless.
red64bird
OP4 months agoAnd the pirates know that Ebay will protect them unless you spend money on a lawyer or a patent etc. They know the average seller doesn't have that money to spend, so the pirates continue to sell with Ebay's blessing. Ebay ignores the fact there is a license in place, and the seller is clearing violating that license.
stainlessenginecovers
·4 months agoIt's NOT just ebay; it's the entire world.
Pony up and trademark, patent, copyright or lose lose lose by ANYONE in the world that wants to just 'copy' your thingy. Being 'broke'; Can't afford' etc. just puts you in a LONG list of those that 'lost out' because.
It's VERY well known to 'not put it out there' until you are
a.) protected
b.) being able to deal with copy cats.
Much larger fish by you were 'had' by others 'stealing' or 'patenting first' or or or....
Light Bulb
TV
Telephone
Radio
Facebook
Windshield Wipers
Monopoly (boardgame)
Heart Pace Maker
Laser
Computer
etc.