Can I have some clarification please?

[wmdsch]

some sellers list for instance "Thermos" flasks (Registered Brand) when the item is a 'thermos' (generic term) but not a 'Thermos'. is this considered misleading?

[cq_tech]

You'd probably get away with it until somebody reported you to eBay.

[modestbods]

---

@cq_tech wrote:
You'd probably get away with it until somebody reported you to eBay.

---

Get away with what? Reported why?

Or are you (tongue in cheek) suggesting eBay might act merely on a complaint without bothering to ascertain the veracity of that complaint? Because I can legally sell as many esky's as I want, and I can refer to them as esky's whilst doing so. I just can't capitalise the 'e' without Colemans permission.

[modestbods]

---

@modestbods wrote:

Or are you (tongue in cheek) suggesting eBay might act merely on a complaint without bothering to ascertain the veracity of that complaint? Because I can legally sell as many non Esky brand esky's as I want, and I can refer to them as esky's whilst doing so. I just can't capitalise the 'e' without Colemans permission.

---

*edited the above.

[cq_tech]

Now you've got it. It's all to do with the capitalisation of the name Esky. In lower case it's simply a genericised trademark and you shouldn't have a problem, but once it's capitalised unless you're flogging genuine Coleman produced Eskys, you could find yourself in a spot of bother. Which is as it should be IMO.