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Confused on Trademark Violation

kylerleee
Pathfinder
Last Edited 06:14:47 PM by Moderator

Today I got a message, not from eBay but from a seller I guess. He says my item is in VIOLATION of unfair competition laws. I have no idea about this. The Item that I'm selling is just a normal nutrition as I have been selling for years. I checked my Item on eBay and see there are many sellers who are selling the same item. Any bits of advice? please
the message is below.

 

Answers (7)

Answers (7)

Rockstar

Sounds like a bluff. If they were a VERO member they could have ebay remove it. Since they did not, sounds like they can't.   You are allowed to resell items you own.

 

Another diploma mill lawyer I suspect.

ke4fpb
Trailblazer
Last Edited 12:52:07 PM

It could be that Ancient Nutrition is enforcing their exclusive distributor agreements, but from the wording of the notice you received, it looks more like another seller is trying to scare you out of his turf.

 

This is a common tactic on eBay. I'd ignore anything that doesn't come to your mailing address from a lawyer's office. They can look up your contact info on eBay. They can also submit a VeRO complaint, I think, if they actually have authority to.

Rockstar

You can resell the item, as long as it is authentic and legally obtained,  but you must be careful not to infringe on any rights or cause any confusion to the buyer. 

 

Your own title and own picture look fine, but if that description is a copy of the manufacturer's, it could be considered copyright infringement, so best to write you own version just to be safe.

jbbowers12012
Trailblazer

............sounds a bit fishy. can we see the notice? maybe a bluff from the competition? i think ebay would have just pulled listings with VERO violations & explained later...anyone else? 

creoleorchid
Guide

You are NON-COMPLIANT with our trademarks by selling our products online.

 

Balderdash. If it were a real violation, the message would have come from eBay along with a takedown of your listing.

 

 

 

 

gotitinpdx
Thrill-Seeker

Can you post the attached "formal cease and desist letter"?  This is kind of odd.

abk80
Pathfinder

I have received the same message from a two different ebay users. Both have a weird nicknames and both have 0 feedback score and both keep messaging me about the same item. 

 

I agree if there is a violation to ebay selling policy then ebay and only ebay can take an action and contact the seller with a warning and remove unwanted listing which they already did  a few years ago on the auction related to a different item.