Brand name misuse but my products are UNBRANDED

[trendingtoysandmore]

I got reported by this company a few months ago for using their brand name which I did not. I sell unbranded fidget toys and my listings clearly state unbranded. Nowhere in my listing is there any reference to any company or brand. I just received an email again and was reported by the same company for using their name which is not true. I contacted eBay in the past and resolved the issue and now it’s happening again but with a different product. My account is restricted for 3 days. This is extremely frustrating and if eBay had looked at the listing that was reported they would clearly see that I have not violated any rules. 

[nobody*s_perfect]

Probably the name "Fidget" itself is trademarked.

[friskya]

Possibly, but unlikely. A quick search shows that the term "Fidget Spinner" was rejected as a trademark back in 2017 as too generic. One of the articles (from way back in 2017) stated:

"In the last few months, nine different folks filed federal trademark applications to try to claim exclusive trademark rights to the name FIDGET SPINNER. The first was filed on March 1, 2017, Serial No. 87/353,729. The Trademark Office refused registration on the ground that the name FIDGET SPINNER was widely used by others to refer to the type of toy such that the words could not qualify as a trademark brand. The applicant has not yet responded, but it appears the application will spin out."

It's more likely that OP has simply been caught up by a patent/trademark troll and if that's the case, I certainly wish them luck in getting reinstated.

[maxine*j]

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@nobody*s_perfect wrote:

Probably the name "Fidget" itself is trademarked.

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I suspect you're right.  It should not have been trademarked, but who knows?   Companies have actually mananged to trademark "Shabby Chic" and "Happy Valley" and "Flowery Musk Scent," as a few crazy examples.

I did a little checking and found that these are all trademarked:  Fidget Spinner, Fidget Cube, Fidget Pop-It, Fidget Spiral. 

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[maxine*j]

You have a listing right now for a Pop It Fidget that may well get you into trouble.  Be very careful, because if you continue to get these listing violations, your ability to sell on eBay can be permanently lost.

I agree that it should not be the case that these listings are pulled, and I agree that many trademarks are granted that should not be, but that's the commerical world we live in now.   

To protect yourself, you need to be very careful in your listings to find purely generic terms for your items.  Since Pop-Up Fidgets is a trademark, try calling them "poppable" or "popping" "bubble-pop," or somesuch, as an example

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[katzrul15]

The Seller's details say "unbranded" but the description calls it a "Fidget Pop-it"

At least on the 1 remaining listing.

Also, OP's name could lead a Buyer to thinking it was being sold by the trademark entity. 

Good luck to the OP sorting this out.

There are tons of knockoffs - just go to any 5 Below store.  They call them "spinners", not Fidget Spinners.

[trendingtoysandmore]

I had absolutely no idea this was a thing. I thought Fidget was very generic in describing a product such as the fidget spinner. Thank you so much to everyone who has responded. I am going to fix all my listings and change my name too. 

[trendingtoysandmore]

Thank you so much for your reply and help. I had no idea this was a thing and I thought it was a generic term to describe my product. I do find it unfair and that makes the person who owns the term to be the only one who can use it which means only their items will come up on eBay when searched using that term. 

[trendingtoysandmore]

Wow, thank you! I’m new to selling on eBay and have only recently come across this issue. I’ve been a buyer on eBay for a long time but only started selling in December.

[maxine*j]

You're welcome for any help I was to you.  So far as I can determine, "fidget toys," is still a generic term and many sellers here and elsewhere use the term.  

You just have to be careful with the use of upper and lower case (sounds stupid, but suggests trademark) and to check for trademarks (such as the ones I gave). 

If you look at these listings, you can see how other sellers describe their unbranded fidget toys, just to get some idea of how others avoid trademark / copyright issues with these items:

https://www.ebay.com/dsc/i.html?_sacat=0&LH_TitleDesc=1&_udlo=&_udhi=&_ftrt=901&_ftrv=1&_sabdlo=&_sa...

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[trendingtoysandmore]

Crazy thing though if you search the word fidget there are literally hundreds of listings with that word in them. I guess it’s only a matter of time 🤦🏻‍♀️ Who would have thought? Seems like a generic word to describe what you are selling. 

[auctionsupreme]

I was reading through this thread and gotta admit, this is one of the best answers I have ever seen. Thank you so much for teaching me about how to get around trademarks. #amazing

[richard1rst]

Unfortunately there is an incredibly long list of words that have become so common in language that most people forget that they are registered brand names. But be assured - the companies that own those names have not forgotten. And a good many of them will pull any listing using their name.

Kleenex, fiberglass, Scotch (tape), ping pong, bubble wrap, band-aid, crock pot, ziplock, hula hoop, Formica, velcro, onesie,

Well, the list just goes on and on ----- and on -------- aaaaannnnnnnddddddd oooooonnnnn

ref:

https://www.qualitylogoproducts.com/blog/brand-names-generic-terms/