in a 1987 case concerning replacement parts in the field of electronic heat technology, the First Circuit stated, “In the absence of false representations or palming off, the sale of unpatented replacement parts by one other than the manufacturer of the original equipment is neither unlawful nor actionable.” Hypertherm, Inc. v. Precision Products, Inc. 832 F. 2d 697 (1st Cir. 1987).
The patten is by now expired if there was one.
Elecs. Corp. of Am. v. Honeywell, Inc., 428 F. 2d 191 (1st Cir. 1970). In that case, the aftermarket seller of a HONEYWELL system component used the HONEYWELL trademark in its marketing materials. The First Circuit found the aftermarketer’s use permissible, and went so far as to state that it was necessary to tolerate some slight confusion risk in the arena of replacement parts..
The use of "trade marked names" is permitted if for the use of conveying what the item fits.
I'm confident I'm within my legal rights to produce these items. And from my own understanding of EBAY "fakes" policy I do not violate that as I do not brand the part or packaging with either kenners or Jurassic's logo.
My question is more how/ who can I contact about some one constantly flaging my listings because they are vindictive and just trying to cause trouble. And verify if there is language in should better use to reflect the items.
Also other items are being flaged and taken down for other reasons that have nothing to do with the "fakes" policy. So I'm fairly confident it's one person or a group of their friends flaging stuff. These listings have been up for months without issue, and only after posting a link to this specific item and getting in argument all my post are being flaged for different reasons. I had one item flaged as (search manipulation) that was a different brand because I forgot to change the brand from I think "imperial" to the proper one when I did "sell a simular item" . It's been up for 3 months or so.
