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
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