Custom/Counterfeit Trading Cards

[romansolus]

I recently designed a custom Pokemon trading card to sell that is in no way designed to look similar to any other cards in art or functionality. Ebay decided to remove that listing claiming it to be "counterfeit." With thousands of people selling custom made cards, how exactly can I resolve this like they do?Es pecially since my cards aren't in any way trying to pass as a real and official card

[7794heather · Accepted solution]

Are you calling them Pokemon cards? Perhaps its a trademark/copyright issue. 

[kensgiftshop]

@romansolus 

If you made it, it's not a Pokemon card and you can't call it a Pokemon card.

[tdumonde2014]

You cannot steal someone else's Trademarked name and Copyrighted design and then sell that item to someone regardless of what you call it.

PS.

Remove the one you have left before you find yourself suspended.

[luckythewinner]

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@romansolus wrote:

I recently designed a custom Pokemon trading card to sell that is in no way designed to look similar to any other cards in art or functionality. Ebay decided to remove that listing claiming it to be "counterfeit." With thousands of people selling custom made cards, how exactly can I resolve this like they do?Es pecially since my cards aren't in any way trying to pass as a real and official card

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Are these similar to the cards in your completed listings that you are calling "custom" and "fan made" but the card has "(c) 2020 Pokemon / Ninteno" right on the cards? 

If so, you deserve to be reported for copyright infringement and you need to read a tutorial on intellectual property theft. Just because you put a copyright symbol on something does give you permission to profit off someone else's intellectual property. 

[romansolus]

I appreciate the fact you think I should be reported, however you offered zero help with assumptions to information I didn't give you. But thanks anyway.

[femmefan1946]

The assumptions being that you don't have Pokemon's permission to make cards with their name on them?
That you have a copyright mark on them, but don't have permission to use their name?
That you don't have a contract to pay Pokemon for the use of their intellectual property?

That Pokemon is part of eBay's VeRO program to combat intellectual theft and counterfeiting?

Perhaps you should be posting the cards you make on Archive of Our Own.  Most of the fan fiction there is just fine with originators and creatives who hold those rights.

https://archiveofourown.org/

[tdumonde2014]

You're missing the point. You cannot for example make a Coach purse and call it a "Custom Made" coach purse. You are violating their Trademark by using the word "Coach" and perhaps their Copyright if the copy is similar to their design. You cannot use the work "Pokemon" for a card unless it was produced by them.

[luckythewinner]

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@romansolus wrote:

I appreciate the fact you think I should be reported, however you offered zero help with assumptions to information I didn't give you. But thanks anyway.

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re. assumptions: 

I looked at your previous listings, and said in my post "Are these similar to the cards in your completed listings that you are calling "custom" and "fan made" . So the information in my post came from you, whether you "gave" it to me or not. 

re. offered zero help: 

Until you answer the question ("Are these similar to the cards in your completed listings that you are calling "custom" and "fan made")  I will refrain from offering you any help. Because if these are like those completed lsitings, then I would help you break the law. 

So again ... are these similar to the cards in your completed listings that you are calling "custom" and "fan made"? 

[kh-gary]

Hi everyone,

This topic has been closed at the request of the OP.

Thank you for understanding.