Ebay trademark violation

[recycleddesignerdeals]

Does anyone know where i can find a list of "violation" words in your title..i just almost got 7 day suspension for using the word Velcro / red bottom sole 

[myangelandmyprincess]

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@stuff-n-suds wrote:
Are you sure they use Velcro brand?

That I cannot say. If OP did use a counterfeit brand and misrepresented it, then the solution is clear. It seems from OP's post that they were not trying to defraud the system, so I posted a reply with the assumption that the brand WAS Velcro.

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Yes the op thought it was Velcro.  That doesn't mean it was Velcro.  Once it's used on something else like a shoe  really the only way to know if it's the Velcro brand is to see if Velcro deals with that company.  Many people just think if it has a hook and loop closure its Velcro   

[rareandcollectibles8]

Vero - it is created by big companies that blames small businesses for them losing profits.  It's a way for big companies to complain and be vague with their explanations in order to get you suspended and banned.  Thus, eliminating their competitions.  This creates violations of the First Sale Doctrine which means if you buy something legitimately you have the right to resell it.  Ebay discriminates and sides with them and now you see a lot of small business owners disappearing.  I call this Business Homicide.  To Ebay the most important are buyers they would side with them and let them keep your stuff.  Also, they will banned you then allow you to be a buyer.  Ebay had lose class action Lawsuits before and there is one about to start -  Check out Ebaylawsuit.com and email BenSammons@msn.com if you ever want to join a class action suit against Ebay

[myangelandmyprincess]

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@rareandcollectibles8 wrote:

Vero - it is created by big companies that blames small businesses for them losing profits.  It's a way for big companies to complain and be vague with their explanations in order to get you suspended and banned.  Thus, eliminating their competitions.  This creates violations of the First Sale Doctrine which means if you buy something legitimately you have the right to resell it.  Ebay discriminates and sides with them and now you see a lot of small business owners disappearing.  I call this Business Homicide.  To Ebay the most important are buyers they would side with them and let them keep your stuff.  Also, they will banned you then allow you to be a buyer.  Ebay had lose class action Lawsuits before and there is one about to start -  Check out Ebaylawsuit.com and email BenSammons@msn.com if you ever want to join a class action suit against Ebay

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While there are companies who abuse vero and pull down legitiment items particularly some of the purse companies eBay really has no choice but to pull them if that company claims its fake   Your fight would be with that company for the false take down.   

As for velcro it has nothing to do with the first doctrine    It just has to be legitiment Velcro brand.  Using the name brand on non name brand items can hurt these companies as the non name brand can be a lesser quality but since their name was used to describe it it makes their company look bad 

[fuzzface50]

another one i see off and on is if you are selling a small stuff animal don't use beanie unless it is actually one.

On a side note but kinda related, i saw a day or 2 ago that Costco lost a case and was ordered to pay Tiffany  over $19 million for selling fake Tiffany rings.

[fuzzface50]

Another thing you need to watch is even if you are selling a specific item, you need to watch out if you sell worldwide that that specific item was available in those other countries. 

For example I know Nike is great one for this so i will use them that if you list a specific Nike shoe and list it  for sale in other countries but if Nike didn't released that exact shoe in the country you have listed, they will have your listing taken down even though it was released in the same country you are listing from.  So some listings with name brand items you are sometimes better off listing them in your own home country instead of worldwide to play it safe. 

[blokschmok_0]

I had listings removed for using the word "HASBRO" describing a toy made by Hasbro.

Weirdest thing ever.  The front of the Box Had Hasbro written all over it,  and it was a discontinued toy.

I copied all of the existing listings on EBAY using the  "have one to sell, "SELL NOW"  Button that's in every listing,  so EBAY auto filled in the listings title for me using thier suggested search words.

There were 10 - 20 other active listings for the same toy, that had the same verbage in the title, and several hundred closed "SOLD" listings with the same descriptions.

But mine listings were the only ones removed.

I've had that happen in the past too.  Where there are hundreds of listings with almost identical key words,  and mine is the only one singled out for removal.

You contact EBAY,  and they just refuse to talk to you, or give you a straight answer.

It's very frustrating.

I personally think competing sellers are reporting your listings to remove the competition,  It's the only explaination I can come up with why 50 people are allowed to use those words,  and only 1 or 2 aren't.   The 1 or 2 who aren't, are usually having great sucess selling that product because they did a good job when they were buying their inventory, and can beat the other sellers prices.

[sg51]

I assume still hold the patent and trademark for the name.

Any patents are long expired.

Trademarks go on for as long as they are used.  That's the issue here.

Anyone can make hook & look fasteners, but only the tradamark holder can call them Velcro.

[sg51]

 so velcro is a brand of hook and loop -- but sellers who have sneakers with velcro straps (at least that's what they look like to me, as I described above) cannot list them as "Pre-Owned Sneakers with velcro straps" 

Unless the straps are branded by Velcro, how would you know?

If they're not branded by Velcro, you can't use the Velcro trademark to sell them.

Same as I can't sell a Big Mac of my own creation.

[sg51]

Because so much of the clothing and shoes are now made in China, where trademarks are not taken seriously and fake Velcro is probably the norm.

Unless they call it "Velcro", it's not fake, nor illegal, or even shady.

[sg51]

 i saw a day or 2 ago that Costco lost a case and was ordered to pay Tiffany  over $19 million for selling fake Tiffany rings.

It's related, in the sense that Tiffany claimed trademark infringement, and has prevailed (so far) in court.

However. That story does not, despite inflamatory headlines, involve Costco selling fake Tiffany rings.