07-15-2018 09:41 PM
Just a friendly heads up. I recently had a listing for a customized zippo lighter pulled down for trademark violations. I did not think it was legitimate since I clearly labeled the zippo and customized and the base lighter was a factory produced zippo. but the email address provided for the person who had the listing removed never responded and the people at ebay were no help at all telling me i had to talk to the person who had the listing removed. I did a bit of research and found Zippo manufacturing co.’s policy on sales of their products on auction sites like Ebay. Making any cosmetic alteration to the lighter is a violation of Zippo’s trademark and they retain the rights to pull your listing.
Zippo Manufacturing Company (ZMC) regularly polices internet auction sites concerning the sales of its products and has the legal authority to halt certain sales of products within the United States and several other countries under the following three circumstances:
“Sales of counterfeit products; or the sale of products not originating from ZMC under the name "ZIPPO" or another of the trademarks held by ZMC, or the use of a name or a trademark that is confusing similar to Zippo;
Sales of lighters from third-party manufacturers that have registered the shape of the Zippo Windproof lighter; or, Sales of Zippo lighters that have been decorated without the written consent of ZMC”
“Unauthorized alteration, decoration, engraving of Zippo lighters and sales of Zippo lighters that have been engraved, decorated, or otherwise altered without ZMC's consent, infringe its trademark rights. Specifically, the alteration, decoration, engraving, and sale of Zippo lighters, using images and designs that have not been authorized by ZMC, directly infringes Zippo's trademark rights. Furthermore, the use of the ZIPPO name and of the famous registered Zippo lighter shape in auction website listings, including those that these offered products are authorized, approved, in some other way associated with ZMC. They are not. The unauthorized alteration ot decoration of a Zippo windproof lighter has rendered it to be not longer genuine.”
So if you are selling a zippo lighter that has custom decoration or engraving be careful in how you label the listing because Zippo can and will remove the listing for violating their trademark.
07-16-2018 08:50 AM
So according to Zippo that makes every lighter modified by a U.S. G.I. illegal for sale.
07-16-2018 09:59 AM
07-16-2018 10:19 AM - edited 07-16-2018 10:21 AM
There are more than just few altered Zippo lighters listed on eBay.
Would it not be eBay's responsibility to cancel all of those listings? By accepting and posting these listings, eBay becomes an accessory to the violation of Zippo's trademark protections.
Zippo claims to monitor on line offerings. Apparently they haven't heard of eBay.
07-16-2018 01:51 PM
Yes, so would any zippo that has had a name or initials engraved on it.
04-18-2019 07:41 PM
I am glad zippo is not a car company, they would add a trademark where you could not sell your car on ebay, because you altered it. you tented the windows, custom the wheels, paint, and fuzzy dice.
Zippo would have it removed from eBay and probably try to sue you.
04-18-2019 07:45 PM
04-18-2019 07:50 PM
Were you selling it as new? Either way, the policy is ridiculous. Zippo used to sell lighters that had a small rectangle on them for the purpose of engraving your initials on it. Within the last month or so, I have sold two custom engraved Zippo lighters and didn't have any problems with the listings.
04-18-2019 08:02 PM
@duggmills wrote:There are more than just few altered Zippo lighters listed on eBay.
Would it not be eBay's responsibility to cancel all of those listings? By accepting and posting these listings, eBay becomes an accessory to the violation of Zippo's trademark protections.
Zippo claims to monitor on line offerings. Apparently they haven't heard of eBay.
eBay's responsibility?: No that would be all on Zippo, they are the rights holder, one of the responsibilities of a rights holder is to take "measures" to enforce their rights.
"haven't heard of eBay"
I think the OP would dispute that, they listed it on eBay and Zippo issued an infringement claim.
eBay as an accessory? Sorry but no, that is what the DMCA Safe Harbor provision is all about, eBay (or anyone) must have a system in place for rights holders to easily notify a marketplace of an infringement and the marketplace must act in response.
If a marketplace could be held equally responsible for the illegal actions of sellers there would be no eBay, no Amazon, no Etsy, and no other marketplace would survive.
04-18-2019 08:26 PM
OP 7/2018, stale thread. Threads are stale at 6 months. You can start a new thread if you care to.
04-18-2019 08:59 PM