Listing violation

[egglesdtp]

A week ago, I listed an auction (on a different ID) for an 'Amazing Bullet' food prcessor/blender. It was purchased by my daughter some years ago and never used, and is still in its original box. The item generated a lot of interest - well over 100 views, about a dozen watchers and 5 bids.

This morning I received a Listing policy violation alert: Trademark Violation - Unauthorized Item email from ebay, and they have removed my listing.

The email stated that: "Your listing was removed after the rights owner notified us that your item infringes on their trademark rights".

Ebay's link to "What is trademark infringement?" states that Trademark infringement usually involves using someone's trademark on a good or service in a way that may confuse others about the source or affiliation of the goods or services.

How can my listing confuse anyone about the authenticity of my item? As far as I can work out, you cannot purchase the item from a B&M store - it is currently only available on ebay.uk and Amazon. My photos showed most sides of the original box.

Ebay's email further stated "We urge you to contact the rights owner directly for more information about why they requested the removal of your listing and whether you may relist the item".

I have contacted the rights owner via the email link supplied, but have yet to hear back.

The email also stated the rights owner has created an About Me page that "contains information to help you understand why removal of your listing was requested. For more information about the rights owner, please go to" (link removed) but the link just goes to a User ID Not Found page.

I have two questions - does this mean I cannot sell this item?

Are the people who have already placed bids notified of its withdrawal from sale? And why?

[digital*ghost]

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@moonlighting00 wrote:

  And I really don't care about TM's, licenses or whatever 

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I'm a litlle disheartened to read that, to be honest, speaking as someone who respects the copyright of others, and would in turn like mine respected. A copyright holder does have the right to determine how their intellectual property is used, and trademarks / brand names are considered intellectual property. 

I do personally think some companies take it too far, and base their protective actions on greed etc, some are even rather unethical even though they work within the confines of the law, but what I think about their actions makes no practical difference to the reality of what is or isn't allowed, and I wouldn't demand or insist on the right to infringe on other's rights just because I personally think it isn't right that I can't. 

[davewil1964]

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@moonlighting00 wrote:

I understand what you are saying.  But if I have paid for an item, as far as I am concerned, the complete ownership of said item has been transferred to me to use, wear, whatever I want.  And I really don't care about TM's, licenses or whatever - if they have taken my money then they have SOLD the item to me with their brand name.  It now seems to me that some of these businesses want it all their own way.  Yeah, we'll take your money, but we still own it.  What a lot of rot.  Maybe when I have finished with whatever, I should send it back for a full refund because it was still theirs, and they were only loaning it to me anyway, according to their trademark, licensing, etc.

However, one thing we don't know is if OP stated in his listing his item was 'brand new'.  eBay's options are limited to 'New' (brand new item unopened in box - or words to that effect) or 'Used'.  So if OP did list his item as 'New', because it had never been used, and they still had the box, he is only listing according the options available from eBay.  I don't think he's done anything different to a lot of other sellers, who list unused, sitting in the back of a cupboard for yonks, items as new.

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OP stated they did list it as 'Brand New'. I can understand the rights owner getting the listing pulled if that was the case.

Isn't there an 'old stock' option available?

I only know books, but if I buy a brand new book from a bookseller, then as soon as I take possession of it, it is no longer brand new. It is 'as new'. Is there an option for that OP? Or provide the rights owner with a copy of the receipt/transaction to prove it is authentic and you are the legal owner.

[egglesdtp]

moonlighting: 

Attached is a list of the Conditions you can use when listing an item in the category I used. I am almost certain I chose New: Never Used, rather than Brand New. So I don't think the rights holder could have objected on the basis that I couldn't supply a warranty, or whatever their reason for objecting was. I still haven't heard back from them. I wonder what I should do if I don't? Can ebay shed any further light on the matter?

[egglesdtp]

I just googled the company that ebay named as the rights holder - Capital Brands - and discovered on their website that the brands they represent do not even include Amazing Bullet, the name of the item I listed (see attachment of a screenshot taken from their website). I know the brand is similar to - but definitely NOT the same - as their Magic Bullet or NutriBullet, which I have also seen listed on ebay. .

[egglesdtp]

dave

I posted my first reply before I saw your response, but I am almost certain I used New: Never Used. But that is almost beside the point anyway, as Capital Brands do not sell anything called an Amazing Bullet. My photos clearly show it is called an Amazing Bullet.NOT their Magic Bullet or NutriBullet, which are very similar devices.

[digital*ghost]

Bullet is probably the problem, then. If the brand name "Amazing Bullet" is a trademark infringement, your listing will be removed whether it's listed as new or used.

[5kazam2]

That is fine what you said about intellectual property.  I also think it does depend on what intellectual property an entity is trying to protect.  However, businesses are in it to make dollars/pounds, and when you state about staying within the law, I would venture to say some are only just left of the white line, if not in the middle.  You may be disappointed with what I wrote, but it is an opinion to which I am entitled, whether you agree with it or not.  If we all thought the same about things, it would be awfully crowded in one spot, wouldn't it...!!!

[digital*ghost]

I never said anything that even remotely suggested that you weren't entitled to your opinion. I respect everyone's right to form their own opinions - that doesn't mean I have to respect the opinion itself, though, and I know full well that A) it's perfectly fine for me to not respect someone's opinion, and B) it changes absolutely nothing in the world (theirs, mine or at large) if I don't. 😉

[5kazam2]

Agreed.  Let's leave it at that.  Okay!!!

[egglesdtp]

So how do I sell the bl**dy thing?

Perhaps I'll just list it as A******* B***** 21-piece blender / mixer / juicer? And make sure that all photos do not show the brand by blacking out the offending words. I wonder if I will get any bids?

I'm really annoyed about this, as it is quite obvious that the so-called rights owner doesn't actually own the rights to the name Amazing Bullet. Just something similar.