Netflex shut me down. I made face mask with their fabric I bought at Walmart.

[catranch69]

I listed all the face mask as homemade....eBay didn’t bother to view my perfect feedbacks in 20 years. 3 days with no sales is my punishment. Small sellers like me, don’t stand a chance.  A warning would of been nice. 

[catranch69]

So do over 100 hundred other sellers. I offered names, descriptions & the character fabric they are using to eBay today. Why should I be the only one going down for this. 20 years of dedication and fees that I pay every month. To see the other hundreds of mask listed with licensed fabric,Makes me feel that I am being singled out. The exact Stranger things mask, going for about 22$ for one mask. They are listed right now. Please check the other sellers our, before offering me more criticism.

[orangehound]

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@catranch69 wrote:
So do over 100 hundred other sellers. I offered names, descriptions & the character fabric they are using to eBay today. Why should I be the only one going down for this. 20 years of dedication and fees that I pay every month. To see the other hundreds of mask listed with licensed fabric,Makes me feel that I am being singled out. The exact Stranger things mask, going for about 22$ for one mask. They are listed right now. Please check the other sellers our, before offering me more criticism.

---

My intent was not to criticize ... you were shocked at the 3-day suspension, and I was simply warning you that eBay could permanently suspend your selling if you have multiple copyright claims.

Just because you got pulled over for speeding doesn't mean that the others weren't speeding.  You just happened to be the one pulled over.

[toysaver]

"So do over 100 hundred other sellers. I offered names, descriptions & the character fabric they are using to eBay today. Why should I be the only one going down for this. "

You can't be the complainer or 'complaint' for Ebay to listen and take you seriously, it the people who own the license who take precedence.  It's like you're at a flea market selling fake Louis V and complain to the cops about another seller with fake Channel. 

I guarantee there are lawyers working overtime writing contracts right now for deals between entrepreneurs or manufacturers to make face masks with licensed products.  

[storytimequilts]

I’m telling you, some of your competition reported you...  I had the same problem a few years ago with some patterns..  lol I owned the copyright!!

[inhawaii]

I'm not a lawyer (but i play one on tv).

I would have thought that BUYING he fabric is ok.  Doing/making whatever you want with it is ok.

But re-selling it is a no-no.

In anycase i would't argue wtih VERO.  Just sell another product and move on with life. 

Good luck!

[jmcdj]

 You can sell Coca-Cola bumper stickers.

You can put a bumper sticker on a bumper.

Then sell the bumper.

            James

[misfitfun]

You can craft w it the companies objection which ebay honors is selling what you crafted w it

[plufuttba_0]

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@catranch69 wrote:

I listed all the face mask as homemade....eBay didn’t bother to view my perfect feedbacks in 20 years. 3 days with no sales is my punishment. Small sellers like me, don’t stand a chance.  A warning would of been nice. 

---

That is your warning.

Take it seriously, you should.

Have, not of.

[plufuttba_0]

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@nobody*s_perfect wrote:

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@orangehound wrote: ...(It is a copyright violation to use copyrighted images on a product you make unless you specifically have a license to market a product with that image ... the fabric could be properly licensed, but it is intended for private use and not for producing other products for sale).....

---

Once you own the licensed fabric, you can do whatever you want with it, including making items for resale, despite what any assertions that you read  on the selvage or on the internet.  Here is a website dedicated to actual court cases to back that up:

http://www.tabberone.com/Trademarks/trademarks.shtml

---

You are of course correct but here on ebay you will first lose your selling privileges, after that you're facing a long and expensive legal fight and if you win you will probably not enjoy selling here.

[voguevintage]

It is a shame the copyright holders are going after masks. You'd think they'd just let that one go since it means people are able to stay safe during a pandemic while promoting their brands, but it is what it is...

Funny story: I'm a fan of the show "Twin Peaks" and I discovered a mask from an etsy seller that had an image of the famous log and "My Log Has Something to Tell You" printed on it. I saw it on another person's Instagram. The seller had this copyright claimed by CBS and taken down. Seriously.

But the funniest part? The person who's Instagram I saw it on was Kyle McLachlan. That's right: Agent Cooper from the show liked the last enough to promote it on his Instagram and CBS still took it down.

[southern*sweet*tea]

As someone who has been VERO slapped by Yankee Candle a few times (*long story that occurred when I had my candle business) I can tell you this:

You can keep on doing what you're doing, and wind up Ebay banned

or

You can make your masks using generic fabrics and keep your Ebay account and the ability to sell.

The choice is yours.

*For those that don't know, Yankee Candle has a HUGE list of WORDS that cannot be used in conjunction with any home fragrance items. I mean a HUGE list of common, everyday words.  I got hit by them here once and three times on Etsy. I finally wrote the company and asked specifically for a list of words that are copyrighted (or trademarked or whatever it's called) since obviously the lists I found online were not complete. They sent me back a list that was FIVE PRINTED PAGES LONG. Yep.  I had to tweak a lot of titles, but it was worth it to get them off my back and keep my ability to sell.

[myangelandmyprincess]

https://info.legalzoom.com/article/can-i-make-items-using-copyrighted-fabric

https://legalbeagle.com/12718081-can-i-make-items-using-copyrighted-fabric.html

The wording of professional use only is unenforceable since you didn't sign an agreement.   That said it's an uphill fight when a company pulls a listing for Vero.   I would definitely try to fight it but I also likely wouldn't relist it. 

Oh and charging people to come into your back yard to see a movie isnt comparable.   Copyright media law is a while separate even more complex issue.  I took a class specifically on copyright media law. It's true you can't charge for movies in your back yard.  You can download movies and then resell other downloaded copies.  You can download a movie sell the downloaded copy as long as you don't also keep a downloaded copy.  

[nobody*s_perfect]

That's how trademark works: Yankee Candle has apparently acquired trademarks for a long list of scent names, even probably some that they aren't actively using. That's what VeRO is for. If YK has trademarked "Summer Breeze" as a candle fragrance name, then other candle makers can't use it.  But that's totally different from re-selling an item with that name that was made by Yankee Candle.

[southern*sweet*tea]

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@nobody*s_perfect wrote:

That's how trademark works: Yankee Candle has apparently acquired trademarks for a long list of scent names, even probably some that they aren't actively using. That's what VeRO is for. If YK has trademarked "Summer Breeze" as a candle fragrance name, then other candle makers can't use it.  But that's totally different from re-selling an item with that name that was made by Yankee Candle.

---

Yep.

If I want to resell my unused (or used for that matter) YC candle I am free to do so.

What's funny about the whole thing - it is apparently perfectly "YC legal" for a random fragrance oil maker to produce an oil named, for example, Strawberries and Cream, but if I make a candle, or a room spray, or anything similar using that oil, I have to rename it. I can't call it a strawberries and cream candle, I have to call it creamy strawberry or some nonsense like that. 

But yeah, it's a pain in the hindquarters.

[kensgiftshop]

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@southern*sweet*tea wrote:

*For those that don't know, Yankee Candle has a HUGE list of WORDS that cannot be used

---

About 20 years ago I was helping my brother in law sell an item they created and set up the web site for it

A couple days later, I get a registered packet from this big companies legal team.

They told me that a word (an every day word) on the site was a trademarked word and couldn't be used.

Then they went in to the whole story of the word and what would happen if I didn't remove the word.

Didn't hear any more once I removed it.