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]

Almost certainly. Unless it is a genuine Thermos brand flask, they should be listed only as vacuum flasks.

[go-tazz]

As Thermos is a generic term for a variety of items and most people use it as a term for any vacuum flask I

would think that any seller should be allowed to use it.

As long as they clearly show photos and description,(including the name of their item if visible).

This is eBay and they have their own set of rules so it might be best to ask them,(then hope you get the correct

answer).

I have always called them a Thermos and have never owned a Thermos branded one,(it's a bit like Aussie slang

the eBay bots/reps have no idea and might let some stand and remove others).

At present there are   2,850 results for thermos and 711 are for flasks.

There is a big mixture in regards to brands so who knows,

[harley_babes_hoard]

I agree with go tazz.. It's a generic term for an insulated flask.

Just google thermos and look at all the different brands. Now if they are saying it is a thermos brand and it not then that is misleading.

[phorum_junkie*]

While technically it is a brand name it has become widely used as a generic term just like biro and hoover. If somebody wanted to be super mean they could probably report a seller and ebay may just remove it but I would not expect good kama if they did.

[cq_tech]

The registered owners of the "Thermos" brand are perfectly legally entitled to demand that anybody using that term to sell a generic vacuum flask either edit their listing or remove it altogether. The same thing applies to people selling generic coolers. Unless they are a genuine "Esky" brand, it is a breach of copyright to use that name in their listings.

Just because every man and his dog is currently doing it doesn't make it right, and if the registered owners of those iconic brand names decide to exercise their legal rights, there are going to be an awful lot of listings being hastily revised under the threat of prosecution.

[harley_babes_hoard]

I won't post it here but it does explain that it has lost it's trademark as a result of it being a generic term. whether it applies to australia I'm guessing so

http://en.wikipedia.org/wiki/List_of_generic_and_genericized_trademarks

[harley_babes_hoard]

http://www.businessinsider.com.au/trademarked-brands-that-everyone-uses-as-generic-names-2012-6?op=1...

[digital*ghost]

---

@cq_tech wrote:
The registered owners of the "Thermos" brand are perfectly legally entitled to demand that anybody using that term to sell a generic vacuum flask either edit their listing or remove it altogether. The same thing applies to people selling generic coolers. Unless they are a genuine "Esky" brand, it is a breach of copyright to use that name in their listings.

Just because every man and his dog is currently doing it doesn't make it right, and if the registered owners of those iconic brand names decide to exercise their legal rights, there are going to be an awful lot of listings being hastily revised under the threat of prosecution.

---

This actually depends on circumstances - in the case of 'Thermos', while technically it is a registered trademark, it's classified as "genericised", which actually means they've lost their legal status. 

http://en.wikipedia.org/wiki/List_of_generic_and_genericized_trademarks

EDIT: harley beat me to it. 

[cq_tech]

That may well apply to Thermos, but I don't think Coleman would let you get away with flogging generic coolers under their name, if the following is any indication. From their web site... Esky® is The Number One cooler in Australia. Many imitate, many try and call themselves an Esky®, but there is only one Esky®. Their use of the symbol makes it quite clear that the term "Esky" is a registered trade mark.