Item for sale taken down by Ebay after complaint by Brand, advise required

[phillip40bx]

Howdy all,

I am a Ebay member of over 15 years and have a 100% feedback rating.

So I was most surprised and concnerned when

Ebay contacted me today and have taken down a pair of PG Lite Mens shoes apprently due to my wording that they have a Velcro strap on them, now I have had this item for sale 3 times before without a problem.

Ebay has answered more or less as one would expect them to.

This is part of what their message to me said.

"Thanks for contacting eBay about the removed listing.

I understand that you just include the brand name of the strap of the shoes you are selling and you are concerned as to how it violated our policy.

Upon checking the details of the removal, I can see that it was not reported by other members. We removed your listing since Velcro Industries B. V. requested for it. When participants in our Verified Rights Owner (VeRO) Program notify us that a listing infringes their intellectual property rights, eBay is legally obliged to remove the listing."

I have a supecion anotehr EBay member who made an offer after 3rd auction lisitng ended, which I did not accept as it was below what I was after for the item. Which as a Auction not a Buy it now item, I am wel entitled to do.

Why has it become a problem now and has this member compained to the company who contacted Ebay, I do not know, and Ebay says not.

Would someone mind looking at my description of these shoes and compare with oteh ritems of exactly same brand and description and tell me why this may happen, as if the word Velcro is a issue, then there are 100's if not 1000's of items on Ebay Australia let alone worldwide that are also in vilotration of this.

I wil contact Velcro Indurstries and ask them whow they came across my item out of 1000's and what is the problem. As this has legal issues for most sellers on Ebay.

Example, people who sell Netgear products who are not accredited Netgear resellers.

"PG Lite Cairns-S (3E) Mens Slip on Velcro strap on Black Shoes Size 12 As New.

1 x New pair of Black Men’s Casual Slip on shoes made by PG Lite. With Velcro Straps.

Cairns-S (3E) style.

Size 12.

Worn only once to try on, still in original box as you can see from Photos."

Here is aone item listed in USA the same brand and type of mens shoes for sale now in Australia and in USA.

http://www.ebay.com.au/itm/PG-LITE-Mens-brown-leather-comfort-shoes-size-13-velcro-strap-/1722967185...

And here is a list for Velcro mens shoes.

http://www.ebay.com.au/sch/i.html?_odkw=PG+LITE+Men%27s+velcro&_osacat=0&_from=R40&_trksid=p2045573....

Thanks in advance

Phil

[4green2000]

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@nevillesdaughter wrote:

Also hook and loop tape.....

Marina.

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and hold fast vel tape and tear noisey tape, noisy tape,rip tape

[missjaykay]

Happened to me too. A pair of kids Walnut shoes with velcro straps. I thought I got pinged because of the brand Walnut, but it looks like it was because of velcro. Time to relist without the dreaded V word!

[springyzone]

Unfortunately, you are not the only seller this has happened to recently - there may still be many active listings, but as unfair as it seems for it to look like you get penalised while others get away with it, it's really up to Velcro to report the rest.

Velcro, while a commonly used generic term for the hook and loop tape fastenings, is actually a registered trademark, and only velcro tape that's actually made by Velcro can be called velcro... 

It's the same thing for products like Ugg boots, Stanley knives, Thermos and the like. 

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I agree with you, it's obviously the term that is banned but it is a shame as nothing says velcro like... velcro.

People know what you are talking about, while 'nylon grip fasteners', I would not have had a clue what they were till I saw the photo or read this thread.

Just as a matter of interest, I believe the term Ugg boots is not protected in Australia. It went to court and it was decided here that it was a generic descriptive word and any company here making that style could use the term. In the USA it is different, an American company has the trademark.

It annoys me a lot that aussie & NZ companies that started up the ugg boots had the term hijacked and an American company then attempted to ban them from using it.

I'm currently wearing my aussie brand uggs. (well, I AM in Melbourne and it's nippy)

But it's the way of the world, all this trouble with trademarks. I guess the best thing would be to readvertise the shoes with some terms other than velcro but have lots of clear, close up photos. Let the photos tell the story.

[pennyforum14]

Changing the spelling will not work, Trademark law provides for reasonable imitation.  Even spelled differently, it is still recognisable as Velcro, it still trades on the name Velcro, and it will still get you in trouble if the company decides to pursue it.  There are plenty of stories online of people who list items as DISNEE to try to get around the use of the mouse's trademarks and images.  They invariably get caught and all it does is add ammunition to the corporation's lawsuit as it points to deliberate intent.

[davidc4430]

welcom to the 21st century where just about everything has a tradmark.

trying to describe items without infringing on a tradmark will soon be requiring a uni degree in tradmak identification.

and ebay is full of little self proclaimed police just looking for ways to report items.

[nevillesdaughter]

I just finished amending most of my listings - just about every item of ski clothing, including boots, uses the stuff. It set me to wondering, what if it IS Velcro? Also, consider Spandex, Elastane and Lycra. I suppose the seller would have to prove it by its being declared on a label or website etc. I've seen Spandex etc on clothing labels, but have never seen Velcro (or any of its imitators) identified.

To the posted who expressed concern that all thereplacement terms eg hook and loop tape, might confuse buyers - my items were mostly described as "adjustable via velcro tabs at sides of waitband" or similar. I just went through and deleted "velcro". I think most people will get it.

Marina.

[davidc4430]

i wonder how many of the new big players ebay has attracted to selling here are forced to remove mentions of things like 'velcro' from their listings

[dylan11235813]

I might buy some hook and loop shoes. Listings seem to come up without it anyway. Are you allowed to say "it is like velcro" in the description rather than the actual listing title?

[digital*ghost]

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@janeababe wrote:

What does Velcro think you're going to do? Steal their mass fortune by listing one pair of 2nd hand, but in excellent as new condition, shoes???

For goodness sake, talk about utter ludicracy!!

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It wasn't about one listing for a pair of shoes for Velcro - they reported many in a sweep.

Trademark holders are obliged to actively protect their IP rights by doing things like this. If they are not seen to actively defend the trademark, the will lose it, so yes, by not doing things like this, they potentially risk millions.