eBay

dairywyfe · ‎02-11-2018

Something really weird happened... I got a message from Ebay saying that a listing of mine was pulled/deleted because it used the word Swarovski Crystals. It was a bracelet I was selling from a designer in Nova Scotia. Now, she's no Sorrelli, or anything like that... but she has a business and sells jewelry using all Swarovski. So... I can't use the word Swarovski to describe the bracelet unless it's someone like Sorrelli (or another company) who has rights to use their name? I have bought TONS of bracelets from people who say they made it using Swarovski Crystals.

I just want to make sure I'm clear so I don't make the mistake again.

The other thing that is so baffling to me is... I listed that bracelet, and it was up for 2 days and I ended the sale because I wanted to find the designer's box to put it in before I put it up for auction. So I pull the listing... THEN I get a message from ebay about 1 1/2 weeks later. And they deleted my "ended" listing. I didn't even know they monitor what's "ended" ?! What if I "ended" it because I realized I made a mistake by mentioning Swarovski?! so confused...

allisomas_5 · ‎02-12-2018

wrote:
I have bought TONS of bracelets from people who say they made it using Swarovski Crystals.

Just because they say they use Swarovski doesn't mean they really do.

luckythewinner · ‎02-12-2018

The other thing that is so baffling to me is... I listed that bracelet, and it was up for 2 days and I ended the sale because I wanted to find the designer's box to put it in before I put it up for auction. So I pull the listing... THEN I get a message from ebay about 1 1/2 weeks later. And they deleted my "ended" listing. I didn't even know they monitor what's "ended" ?!

The 2008 Digitial Millenium Copyright Act (DMCA) has a "safe harbor" provision that shields a website from liability for intellectual property infringement by the users of that website, as long as the website agrees to take the infringing material down when reported by the rights owner. eBay has a program called VERO that provides IP owners with a mechanism for reporting infringing items.

If Swarovski reported it under VERO as an intellectual property violation, in order to comply with the safe harbor provision of the DMCA eBay is required by law to remove the intellectual property violation from public view entirely - and that includes completed listings.

I got a message from Ebay saying that a listing of mine was pulled/deleted because it used the word Swarovski Crystals. It was a bracelet I was selling from a designer in Nova Scotia.

You will have to be more precise - are you talking about the title, the item specifics, the category, or the item description?

If It was not made by Swarovski but was made by Designer X in Nova Scotia, your title, category, and the item specifics can say "Designer X" but cannot say "Swarovski".

I believe that you allowed to say that it was made by Designer X using crystals that came from by Swarovski, but only in the item description and not in the in title, category, or item specifics.

All that being said - if this was a VERO report you are now on Swarovski's radar. If I were you I would avoid using the name altogether.

mebuck1234 · ‎02-12-2018

Try using Austrian instead of the "S" word in your title. I make beaded ornaments using crystals from Swarovski and sell them on another site. I use Austrian in my title and Swarovski in the description. Also use Swarovski as one of my tags.

sharingtheland · ‎02-12-2018

I believe that you allowed to say that it was made by Designer X using crystals that came from by Swarovski, but only in the item description and not in the in title, category, or item specifics.

One can list Jay Strongwater all day long and use "Swarovski" anywhere in the listings with no repercussions.

Not sure if I give ebay credit (highly unlikely) for knowing that Strongwater uses Swarovski or that Swarovski doesn't go after Strongwater listings.

Sherry

=^.^= =^.^=
( ) ( )
" " =^.^= " "

dairywyfe · ‎02-12-2018

Ok... so I CAN use Swarovski in the description... just not in the title?

dairywyfe · ‎02-12-2018

This is helpful... thank you! Geesh... I don't want to be on someone's radar! lol!

dairywyfe · ‎02-12-2018

I know you can use Sorrelli and Swarovski in the title... and Liz Palacios and Swarovski... I think it must be because they are authorized retailers of Swarovski products?! (use them in their jewelry designs). But the designer I listed on one of them is just a gal doing her own little business... so maybe she's not "official" and I can't say Swarovski

dairywyfe · ‎02-12-2018

And I wish I could tell you more about what I said... but they deleted the ended listing and I can't see it anymore! lol.

dairywyfe · ‎02-12-2018

What I mean by that is that they make jewelry using Swarovski, and they say it (use the S word) throughout their listings.

jerrythecrazyguy · ‎02-12-2018

Sworvoski is being very greedy and arrogant not allowing sales for something just made from authentic crystals. But good business allows for a little arrogance and a little greed. I just wish everyone (especially you) would understand why this blocking thing gives Swarovski more money. I don't understand it either. I do feel bad for you.

dairywyfe · ‎02-12-2018

I get it... and I'm not upset about it... I just want to know the right way to do it/list it so I don't get in trouble 🙂

What do you mean about the "blocking thing" giving Swarovski more money? Do you mean if they report/end a listing, then no one will buy the item, and maybe go to Swarovski directly for jewelry?

emerald40 · ‎02-12-2018

wrote:
Sworvoski is being very greedy and arrogant not allowing sales for something just made from authentic crystals. But good business allows for a little arrogance and a little greed. I just wish everyone (especially you) would understand why this blocking thing gives Swarovski more money. I don't understand it either. I do feel bad for you.

Greedy, really?

It is either authorized by or made by Sworvoski or it is not?

And just using components such as the crystals, does not make it Sworvoski

dairywyfe · ‎02-12-2018

That is true. I just read through all of Swarovski's Brand Usage Guidelines. You just have to be really careful in the wording. Like... your listing can't say "Swarovski bracelet"... it needs to say "bracelet using Swarovski crystals." Lots of other "does and don'ts" too

honestabe411 · ‎02-12-2018

I've had listings removed for using the word Velcro to describe a VELCRO STRAP. Guess there's a company called Velcro who actually came up with the word and they flag all listings on eBay that have the word velcro in it.