Elf on the shelf - help

[mousewats]

Can I sell the Elf?

I was told by eBay it was trademarked and I could not sell,it.

how can that be? That was before Christmas, great timing.

I bought it in a box store, so shouldn't I be able to resell it?

Any suggestions?

Thanks.

[sharingtheland]

Who at ebay told you that?  

I sold Elf items in December and have a few listed now.  There are currently 2,227 active listings for Elf on the Shelf.

[mousewats]

It was a message in my inbox. Said my listings, toys & clothes were removed.

[soh.maryl]

Exactly who sent the message?

[loveyourimagination49]

The elf of course. 😂

[mypostingid15]

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@mousewats wrote:

Can I sell the Elf?

I was told by eBay it was trademarked and I could not sell,it.

how can that be? That was before Christmas, great timing.

I bought it in a box store, so shouldn't I be able to resell it?

Any suggestions?

Thanks.

---

Yes, but without the shelf, sell that separately.

[mypostingid15]

---

@mousewats wrote:

Can I sell the Elf?

I was told by eBay it was trademarked and I could not sell,it.

how can that be? That was before Christmas, great timing.

I bought it in a box store, so shouldn't I be able to resell it?

Any suggestions?

Thanks.

---

Try using your own photo and description.

[gracieallen01]

Once it has been pulled, it may not be wise to re-list it. 

Occasionally, the 'bots will take exception and there could be account issues re-listing it.

Just a thought.

[myjunqueyourtreasure]

I've seen this reported before where the elf was licensed to be used by another company on their products and it got VERO pulled anyway. Made no sense then either.

[gracieallen01]

It would seem, nowadays, fewer and fewer things make sense. 

[escuintla]

You know what?

It's getting so stupidly tiresome to have you, and only you, to pull your item when there are 10s upon 10s of pages of the same thing. 

Now, I know some competitors do that to others, but my real problem with that brain of theirs is how in the h.e.l.l. the rep for any company telling you to take down their product doesn't take 10 minutes to do a good search and take down hundreds of the same product?

Jesus! 

[myjunqueyourtreasure]

Here you go - it was a Funko Pop elf on the shelf figure......ie, a licensed product.

https://community.ebay.com/t5/Selling/Listing-Removed-due-to-Trademark-Violation-by-Rights-Owner/td-...

[this*old*attic]

Honest to Pete, I don’t know how the company managed to trademark the name in the first place - forget the book or cartoon or extra merchandising or whatever.

These kitsch-y elves have been around since the 50s/60s. I still have the ones from my own family. They’re ELVES who curl up and SIT on SHELVES and other nooks and crannies.

Reminds me of 10 years or so ago when some podunk-y company that named itself Midcentury Modern was VeRO pulling all the listings. LOL, like you can trademark a TIME PERIOD!

Luckily they didn’t have much real bite so EBay dropped them or ruled for sellers or whatever. But it ended.

[mikeystoyz]

Email ebay with a counterclaim on the vero, fight it, you can sell it.  People can sit and argue all day to do whatever.  What it comes down to is what you want to do.  You know it is real.  You can prove it is real.  The company can not vero you on legit items.  FIght it.  Do not relist until you get the ability to do so.

[mousewats]

Thank you for all the answers/ advice.

I will contact eBay again. I did when they first

did this and their only reply was that it violated

the trademark rule.

It ended up working out ok, they were donated to a

couple children's places. 

But I have a lead on many more, so I thought 

I would check first.

thanks.