Listing removed for Brand Name Misuse. Am I in the wrong?

[suckerfreegear]

I sell mostly guitars and amps but sometimes I sell smaller items like parts for them. I had been selling replacement parts for vintage Fender and Mesa Boogie amps for well over a year before I had my listings removed for name misuse. Listings removed were: 271966283135, 321842213353, 321842221599, 321842212128 

Pretty much they are NOS or New Old Stock Switches and knobs specifically for Mesa Boogie and Fender amps. These parts are made by Carling and are what Fender and Mesa used originally so they are exact replacements not some aftermarket knock off. My listing title was:

"Carling Fender Mesa Boogie Voltage Selector Switch 6 Position Single Pole NOS"

According to Ebay: Please know, the listing title 'Carling Fender Mesa Boogie Voltage Selector switch knob' suggests that the item is made/manufactured/marketted by "Fender Mesa Boogie", when it is not, this might mislead buyers.  For this reason, eBay suggests sellers to include brand or model names in listing titles for items that are mechanically or electrically compatible with specific brands if words such as 'compatible with', 'fits' or 'for' are mentioned before the brand/model names...

So when I called Ebay, I tried to explain that these are direct replacement parts used by both companies Mesa Boogie and Fender. Clearly the person I was speaking with did not know anything about vintage amplifiers and  I could tell English was definatley not her native tongue neither was it mine so I'm not judging. I was advised to not use Fender or Mesa Boogie in the title again or risk suspension but if I used it in the description that's ok.

I tried to explain to her that no one would be able to find the items if I listed them this way and it could cost me sales and traffic. I know most dont search "in titles and descriptions" but I thought according to their own policy:

"eBay suggests sellers to include brand or model names in listing titles for items that are mechanically or electrically compatible with specific brands if words such as 'compatible with', 'fits' or 'for' are mentioned before the brand/model names"

I could use Mesa Boogie and Fender in the main title according to their own policy but apparantly not according to the person I spoke with. I am currently waiting for a supervisor to call me back for clarification. I was just curious if I am in the wrong on this or is Ebay just overzeouls with the titles nowadays? 

[auctionpet]

Personally, I'd say to go by what it stated in the email you received. The CS probably didn't understand what you were talking about, and likely thought you still wanted to use the original title. Don't count on a supv phoning back.

Its important to use the words "fits for or compatible", it makes a huge difference. If you said "Voltage Selector Switch Knob fits Carling Fender Mesa Boogie brands". You should be ok.

[suckerfreegear]

I would like to change or put "Carling Voltage Selector 6 Position Single Pole NOS Switch for Fender Mesa Boogie" but am just trying to get clarification from Ebay preferably in writing before I do. I depend on Ebay for a large part of my income so I would hate to get my account suspended over a misunderstanding or a bot or Ebay employee who knows nothing about amplifiers arbitraley flagging my listing again.

[siayan]

You are in a tough spot. I would bet there was a complaint from the company or someone who is an authorized dealer. You don't want to risk another warning. If it is not a big deal I would wait a few months before I relisted and just put one up as a trial with the amended listing title. Also you may want to list them as used rather than new. and put NOS in the title and description. 

I don't think you will find a 100% definitive answer to this problem. 

[*eponymous*]

There are plenty of other places to list.  You had your reasons for listing it as you did, but you did infringe on the brand's rights by improperly using the brand name.  If you list it again, you could lose selling privileges.

When you call eBay CS, you're getting someone who has no access to info that could help you - and who probably has less than 10 hours total training time, mostly in what not to do or they'll be fired...it's pointless to call eBay with infringement notices...and

Whatever you do, do not take the word of any CS rep who works for any company - none of them are held accountable in any way, regardless of getting their name, call reference number, or anything else.  The world has changed since most of us were young...

and now we find ourselves smack dab in the middle of 1984!

[rainbowcolorz]

What about a piece of jewelry that is stamped with the designer's name?  Or a piece of jewelry that is stamped with the designer's name and also has a paper tag with her name on it.  

Can a listing Title as well as mentioning the person's name in the description be OK? 

[suckerfreegear]

Just wanted to give you guys a small update, I spoke with s supervisor this morning. He was much more helpful and just told me to keep one brand name in the title and in the description put other makers/models of compatible amps. For example Title should say "Fender Voltage Selector Switch 6 Position Single Pole NOS" and description put it was made by Carling and is also compatible with Mesa Boogie Amps. To the other poster above I always did list the parts as USED and described them as NOS. I don't see how I was infringing on another maker. It's a shame Ebay has become this corporate faceless giant and there is no arguing with them when it comes to these notices even if a bot flags you. It's just costing me sales since it makes my items harder to find and them money in the form of lost fees.

[fern*wood]

Personally, I would not trust that advice from the ebay rep.  Since your take down was because your item was made by Carling, rather than Fender, it sounds like another violation to list as you just mentioned.

[suckerfreegear]

To add even more confusion these seem to be ok after I pointed them out to the Ebay rep, not mine but here they are:

112279350034

131264584909

[suckerfreegear]

You would think as a busines they would be interested in making money and more open to listening to their sellers in these types of situations/disputes. I think the best solution for me is to list these on Amazon. Their policies have become so convuluted and open to "interpertation" that at this juncture its just costing them money.

I do remember back in the late 90's early 2000's people would abuse the keyword brandname spamming/misuse. Like list an off brand or knock off product and put "like Rolex" in the title. I mean it was pretty straightforward what was right/wrong. Now you're at the mercy of a competitor flagging you, software bots and CS reps that know nothing of the products you sell and will back the violation no matter what.

[d-k_treasures]

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@fern*wood wrote:

Personally, I would not trust that advice from the ebay rep.  Since your take down was because your item was made by Carling, rather than Fender, it sounds like another violation to list as you just mentioned.

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Totally agree.

[asmc-ind]

I would title these something along the lines of "OEM Knob for Fender...etc". That should cover you with ebay, but still convey what you are selling.

[suckerfreegear]

(Edited to add I was trying to reply to the poster two posts up who stated I should just put Carling not Fender in the title.)

Problem with that is no one is going to search for "Carling Switch" but people will search for "Fender Switch". Fender never actually made any switches for their amps, Carling did. So by just putting Carling in my title and Fender in the description it is just going to make the item hard to find and thus cost me sales.

[d-k_treasures]

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@suckerfreegear wrote:

(Edited to add I was trying to reply to the poster two posts up who stated I should just put Carling not Fender in the title.)

Problem with that is no one is going to search for "Carling Switch" but people will search for "Fender Switch". Fender never actually made any switches for their amps, Carling did. So by just putting Carling in my title and Fender in the description it is just going to make the item hard to find and thus cost me sales.

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But you should be able to put Fender in an item specific and that way it <might> get picked up by cantseeme 

[zarchy]

I had a similar issue today.  Interestingly, it also involved the Fender brand name.  I was selling a piece of speaker grill cloth similar to what was used on Fender guitar amplifiers in the 1950s.  This cloth is used by people doing repairs or restorations on vintage Fender amps, or people building reproductions of these amps (a fairly common hobby).  If I didn't mention Fender at all in my listing, I would reach none of the target customers.

My listing title described it as "Fender type grill cloth", because that is exactly what it is. Fender does not make nor sell such an item, so I am not even competing with a Fender product.  It seems like an unreasonable policy.  I removed Fender from both the listing title and  description.  Now no one will ever find it.