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Has ebay gone nuts?

Joined
12 March 2001
Messages
12,066
So I had my wifes assistant list a bunch of crap on ebay that has been left behind by tenants over the last couple of months. She listed a Bally door gym that was brand brand new in the box never opened. So I get this email from creative fitness that says I can't list the item because of trademark laws. They also email ebay. Ebay cancels the auction. If that is the case I can't see how anyone can list anything on ebay at all. Everything has some sort of trademark on it. How could someone list and sell say a Volvo or McDonald's collectibles? That is ridiculous and it kind of pisses me off to be quite honest. Is ebay going to cancel every single auction on their site? I don't understand what it is that I did wrong? So if someone lists their Acura NSX for sale on ebay they have to list "little red sports car made in or near Asia" If this is the case I am going to buy Puts on ebay as soon as the market opens tomorrow.

If there is an attorney here who would like to comment on this I would love to get some input. I would also really like to get some pointers on how to list the item so the auction won't be canceled and ebay can shove it.

Here is the email I received from ebay

The listing was removed because it violated eBay policy. We notified members who placed bids on the item that the listing has been canceled.

The rights owner, Creative Fitness, Inc., notified eBay that this listing violates intellectual property rights. When eBay receives a report of this type of violation, we remove the listing to comply with the law.



Trademark infringement is unlawful and violates eBay's policies. A trademark is a unique sign (such as a name, word, phrase, logo, or symbol) that a company uses to identify its products and/or services.

Using another company's trademark in a way that may confuse buyers about the source of goods or services, or confuses buyers into believing that the seller is affiliated with, sponsored by or endorsed by the trademark owner is both illegal and against eBay's policies. Examples include counterfeits, unauthorized replica items and items that bear the brand or logo of a company without that company's permission.

Guideline: If the product you are listing bears the brand or logo of a company, but it wasn't made or authorized by that company, don't sell it on eBay.

Using a trademark without the trademark owner's permission infringes trademark law. For this reason, eBay prohibits members listing items which bear a another's trademark but are not authorized by that trademark owner.

For more information, please visit the following Help page:

http://pages.ebay.com/help/tp/trademark.html



To take the intellectual property tutorial, please visit:

http://pages.ebay.com/help/tutorial/verotutorial/intro.html

Please be aware that any additional violations of this policy may result in the suspension of your account. eBay understands that you may be concerned about this situation.We encourage you to contact Creative Fitness, Inc. directly if you have any questions.

You can send an email to: [email protected]

For more information on how eBay protects Intellectual Property, or for additional information if you believe that your listing has been removed as a result of an error or misidentification, please visit the following Help page:

http://pages.ebay.com/help/tp/programs-vero-ov.html



For more information on why eBay may remove a listing, please visit:

http://pages.ebay.com/help/tp/listing-ended.html

Please be assured that your listings have not been targeted in any way. Although there may be similar items currently listed on eBay, we review all listings that are reported to us by eBay members or Verified Rights Owner (VeRO) program participants. We rely on reports from our members to help maintain the safety and security of our Community. We encourage you to report any items by using the REPORT THIS ITEM button on the listing so we can quickly remove any other items that should be removed.



Thank you for your understanding.

Sincerely,

eBay Trust & Safety
 
Try craigslist instead. Even though Craigslist is 25% owned by Ebay.




www.craigslist.org/about/factsheet.html

Q: Is there a connection between craigslist and eBay?
A: eBay acquired 25% of the equity in craigslist from a former shareholder in august of 2004.

Does ebay and the manufacturer of items expect someone to buy an item and them throw it away if they don't want it. I may be wrong but I believe people have the RIGHT to resell something they bought or were gifted but decided they don't want the item. I am just going to throw it in the trash if I can't relist it. I don't want people swinging by my house I don't know to pick something up I list on craigslist. I have a ton of crap to get rid of and I don't want to list it on ebay if the auctions are going to get canceled.
 
Reading the email, I think someone at Ebay made a mistake. I think Creative Fitness filed a complaint to reduce competing sales, and Ebay was too lazy to investigate it fully. The product is not counterfeit. Email customer service to get more info. You can also relist the item without the word "Bally" in it. Ebay won't pull the auction if no one complains, and Creative Fitness is less likely to find the ad if you leave out the key words they comb for.
 
Basically you have to 'prove' it's the real item etc. so there isn't a trade mark violation. Ebay has been a joke for years now IMO. I prefer sites like Amazon and for any motor vehicles I just use craigslist.

I don't see a very bright future for ebay and I considered shorting it in the past when there was that seller's strike against higher fees when your fees go right in the trash anyways. They are still TERRIBLE at getting rid of fraudulent items that are actually fraudulent. Yet now they have time to harass people with legitimate items.
 
Basically you have to 'prove' it's the real item etc. so there isn't a trade mark violation. Ebay has been a joke for years now IMO. I prefer sites like Amazon and for any motor vehicles I just use craigslist.

I don't see a very bright future for ebay and I considered shorting it in the past when there was that seller's strike against higher fees when your fees go right in the trash anyways. They are still TERRIBLE at getting rid of fraudulent items that are actually fraudulent. Yet now they have time to harass people with legitimate items.

Im I right in my assumption that if Volvo wanted to they could ban anyone from selling a Volvo car or just any senerio like that. How could you list anything at all.

I am tempted to list the item as "Something For Sale, comes in a box." No I am not joking.

I think I may buy some puts a year or two out on ebay. If this is how they are going to cancel auctions then it's really a no brainer.
 
did you use any registerd trademarks or any of the companys pictures?

or did the way you list it make it sound like your a retailer selling fake products?
 
did you use any registerd trademarks or any of the companys pictures?

or did the way you list it make it sound like your a retailer selling fake products?

no and no

The auction did not have the word bally in it it had the word door gym and a a picture of the product.

You I am just wasting a bunch of time but it really has gotten under my skin because IMO here is what is really going on.

Bally, AKA creative fitness is trying to restrict anything with their name on it to be resold on ebay. I can understand their worries about someone selling a counterfeit item or should I say hundreds of them. What they have effectively done is create a monopoly for their item so that consumers are forced to pay full retail for a brand new item and force the person who bought the item to never be able to resell it so it has to be thrown in the trash. Believe me I really could give 2 turds about the 5 bucks I would get for the item. All the money goes to wards the company picnic anyways. It's just the principle behind the whole thing that pisses me off. Some lazy f---er over at ebay didn't bother to check into anything he/she simply canceled the auction. Any way you look at it this is really going to harm ebays bottom line. If auctions get canceled it's less money for ebay. If ebay has to hire more people to look into matters deeper to keep items flowing through then it's going to be less money for ebay. At this point ebay has just about maxed the amount of fees they can charge and still attract sellers.
 
I went through the same crap when I sold an item about a year ago, I was trying to sell a sharper image clock radio, but my listing was pulled because, you're really going to love this, I called it a "sharper image" clock radio, which it was, and says right on top of the damn alarm clock.

Here is the thread I made on prime at the time ;)
http://www.nsxprime.com/forums/showthread.php?t=83262&highlight=ebay

In my case, the item was pulled through ebay's vero program, but the vero program is not run by ebay, instead, vendors pay to become members of this program, then can obtain full access to ebay listings. Sharper image can pull my listings off of ebay, with no discussion, without contacting anybody who works at ebay.

You want to hear how bad it has gotten in the last month? Now ebay requires you to use paypal on your listings, to "make it safer for buyers", you MUST offer paypal, which ebay owns, in order to sell something. Check/Money Order is no longer allowed, without paypal. Other online payment services, eg bidpay, epassport, western union, etc., have also now been BANNED from ebay, also under the guise that they're less secure than paypal. So a company charges you fees to sell something, and also forces you to use their second company as a payment processor, and gets to charge you a second batch of fees.

Now, as of last week, sellers are UNABLE to leave negative feedback for buyers. You can leave either positive feedback, or no feedback, there is no other option, no negative, no neutural. So if a buyer dicks you around and doesn't pay, or tries to scam you, etc., you can either give him positive feedback, or "leave feedback later", which must be positive. This change was also retroactive, so all of the transactions I had not left feedback for prior to this change also have this limitation, either positive feedback for buyers (even if they don't pay), or leave feedback later. Buyers can still leave negative comments for sellers, and can harass sellers under the threat of negative feedback without fear of getting a negative themselves.

The only competitor to ebay I have used, aside from craigslist, is yahoo auctions in the US, a few years ago, but they shut down - ebay can jack up their fees, screw over sellers, force you to use paypal, let random companies dictate what you can and cannot sell, and if you want to sell items online there isn't a damn thing you can do about it.
 
Reading the email, I think someone at Ebay made a mistake. I think Creative Fitness filed a complaint to reduce competing sales, and Ebay was too lazy to investigate it fully. The product is not counterfeit. Email customer service to get more info. You can also relist the item without the word "Bally" in it. Ebay won't pull the auction if no one complains, and Creative Fitness is less likely to find the ad if you leave out the key words they comb for.

+ 1
 
file a complaint against Creative Fitness, Inc to be funny:tongue:
 
so can anyone here or no someone that can...create a better ebay..with a good catchy name. shit..i would advertise it etc. Just do everything that ebay did right....and nothing they just did wrong ! lol
 
is there a way to list on craigslist so that the item is visible to all of USA instead of just locally?

If people know about www.jaxed.com , they can search for car ads ( may be other things too ) across the US on both ebay and craigslist through their "Mash"

It's kind of finicky sometimes ( you can search for 1991-1996 NSX's but selecting 1991 - 2005 will show no results ), but it works if you get it right.

Here's a quick example:
http://www.jaxed.com/cgi-bin/ms.cgi?veh=acura+nsx&state=&fil=&ys=1991&ye=1997&submit=go
 
ebay sucks, and paypal sucks even more(when dealing with paypal with ebay)


the ONLY things i have bought off ebay in the last couple years were a couple small things from local people, and even then i got a negative:mad:


i bought a work emotion rim from a local seller on ebay ending bid was like $5.50 no reserve, keep in mind that its a 400+$ rim in good shape with a almost new tire(seller parts out wrecked cars)

before the auction ended i emailed the seller and asked if local pickup is ok(because thats the only way i buy on ebay unless its a very reputable store) and the seller sais local pick up ok, so i bid and win. after the auction i email the seller probably 10+ times over a month and a half with no replys, the first one i sent i said "the auction ended really cheap so ill give you 15 bucks for "gas" money if you want to meet me in town, just to sweetin the deal so he wont back out. anyways after 2 months i leave a negative feedback after they reply and say the wheel is gone. they leave me a negative like i backed out on a dam 400+ dollar rim for 5 frekin bucks??


some guy also emailed me immediatley after the auction asking if id sell it because he was going to bid against me but missed the auction, no doubt the seller sold it to that chump


sorry for the rant, ebays gay
 
Microsoft shoots me down every time I try to sell a Windows 98 license I never used but own myself. They claim I'm not an authorized reseller of the damn product I bought and own myself! In addition: Did I mention it's Windows 98!?

Here is a good idea of what ebay has come to:

http://consumerist.com/5007790/its-now-completely-impossible-to-sell-a-laptop-on-ebay

I still love ebay and use it all the time but these kind of things are stupid!
 
It seems to me like someone is confused. This "Bally" door thingy... it IS what it claims to be, is it not? If so, then what eBay is telling you is completely irrelevant.

You're not selling something that is falsely labled. Nor are you claiming to have any association with the "owner" of that intellectual property.

Anything that belongs to you (i.e. you legally own it), you are allowed to sell.
 
It seems to me like someone is confused. This "Bally" door thingy... it IS what it claims to be, is it not? If so, then what eBay is telling you is completely irrelevant.

You're not selling something that is falsely labled. Nor are you claiming to have any association with the "owner" of that intellectual property.

Anything that belongs to you (i.e. you legally own it), you are allowed to sell.

If you have the lawyers and money, it doesn't matter :-\.
 
ebay sucks, and paypal sucks even more(when dealing with paypal with ebay)


the ONLY things i have bought off ebay in the last couple years were a couple small things from local people, and even then i got a negative:mad:


i bought a work emotion rim from a local seller on ebay ending bid was like $5.50 no reserve, keep in mind that its a 400+$ rim in good shape with a almost new tire(seller parts out wrecked cars)

before the auction ended i emailed the seller and asked if local pickup is ok(because thats the only way i buy on ebay unless its a very reputable store) and the seller sais local pick up ok, so i bid and win. after the auction i email the seller probably 10+ times over a month and a half with no replys, the first one i sent i said "the auction ended really cheap so ill give you 15 bucks for "gas" money if you want to meet me in town, just to sweetin the deal so he wont back out. anyways after 2 months i leave a negative feedback after they reply and say the wheel is gone. they leave me a negative like i backed out on a dam 400+ dollar rim for 5 frekin bucks??


some guy also emailed me immediatley after the auction asking if id sell it because he was going to bid against me but missed the auction, no doubt the seller sold it to that chump


sorry for the rant, ebays gay

I am not positive but I think you have to have a dismantles license to take apart cars and sell the pieces on ebay.
 
It seems to me like someone is confused. This "Bally" door thingy... it IS what it claims to be, is it not? If so, then what eBay is telling you is completely irrelevant.

You're not selling something that is falsely labled. Nor are you claiming to have any association with the "owner" of that intellectual property.

Anything that belongs to you (i.e. you legally own it), you are allowed to sell.

Yep that is the case but it appears I am not going to be selling it on ebay. I won't use ebay in the future either. Once the auctions end on ebay that I now have up I will just throw everything out into the landfill.
 
For those selling on Ebay that can't leave negative feedback for a buyer, why not WRITE something negative, even if it's listed as positive feedback? :D
 
Yep that is the case but it appears I am not going to be selling it on ebay. I won't use ebay in the future either. Once the auctions end on ebay that I now have up I will just throw everything out into the landfill.

Steve, just in case you were serious, rather than throw things into a landfill, if you're not going to use craigslist, then can I suggest that you give things away on freecycle, specifically to AVOID the whole landfill thing. The stuff people will take on freecycle is amazing (and so are the things you can find for free - we have gotten so many free kids toys and books, it's saved us hundreds of $$$). I realize you have no time for it, but if you want to point your wife's assistant at it, she can go to groups.yahoo.com and search for freecycle. Hell, I'll find you the exact URL for your geographic area if it's something of interest.
 
Tony, it's really irrelevant, I've seen this far too many times. If a manufacturer doesn't want it posted, eBay will pull it, no questions asked. There is no staff to investigate these things (or really much of anything else), they simply don't care to spend any man power on customer support or disputes.
 
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