Trademark Infringement matter. Any advise appreciated.

Hi,

 

Really looking for advise on a matter that has turned my life upside down.

 

I'm a very small retailer of watch bands and have used Ebay Australia's website for +20 years . I recently had 27 listings deregistered due to a VeRo trademark violation. Confused, I noticed the words ZULU BAND were included in the "item specific" section within each 27 listings.  I never recall including this in the listings (and do remember it being part of a drop-down box supplied by Ebay some 5 plus years ago). I had used a really old listing as a template which seemed to of copied these specific words into the "band style" box of all the other listings.  

Not fully understanding why these items were delisted, I accepted something must be wrong and got on with my day.

 

A week later I've now had various US based financial accounts frozen and a US legal film out of Florida including me in a "Schedule A" trademark infringement complaint. A legal rep from this firm has been in contact and is demanding a USD$25,000 settlement and has sited the use of these words are the reason why.

 

Im distraught as I didn't know these words were trademarked, nothing was ever flagged with me from Ebay (until the initial de-listings), no warning signs provided in the listings, the item specific boxes were never reset when a new listing was made etc. The sad thing is I only sold one (1) watch strap into the US, two years ago (worth about $25) which may of triggered this. 98% of my sales are to Australians, from the Ebay Australia website. My business is local.

 

I'm an honest seller and have always been careful with this type of thing. My descriptors, photos and listing titles have always been generic. 

Does an honest mistake constitute a USD$25,000 fine or demand for a first time mistake like this.

 

Any advice appreciated, or is there a way to speak to Ebay for assistance? This matter is making me really ill.

 

Regards

 

 

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Trademark Infringement matter. Any advise appreciated.

imastawka
Honored Contributor

Don't think I can really help, but...

 

 I had used a really old listing as a template which seemed to of copied these specific words into the "band style" box of all the other listings.  

 

On each and every listing it states that the seller is responsible for their listings.

 

You should have checked before listing and possibly after listing to make sure everything was ok.

 

It's a good habit to get into.

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Trademark Infringement matter. Any advise appreciated.

I advise you to get your own legal advice

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Trademark Infringement matter. Any advise appreciated.

*casey*
Community Member

Trademark Infringement matter. Any advise appreciated.

wow casey.....good pickup

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