Lying and copyright infringement simply by using the word 'for'.

[sea.breeze]

Knock off fake Apple air pods, how is is possible to use the Apple Air Pods brand in your ad. Easy just write "FOR Apple air pods" as if it is something that really is 'for' them, like a case. But it isn't, it's just knock off garbage bluetooth headphone that look just like the Apple air pods but by writing 'for' in their ad, they can both use Apple Air Pods in their heading and take over the search. How easy is it.

[*tippy*toes*]

I'm assuming it's a Chinese listing? Only they can get away with it. We certainly can't here, eBay will pull your listing within minutes of it going like. One example, a few years ago I listed replacement buttons for a Holden Commodore key. EBay took my listing down due to it being copyright because they weren't genuine brand name buttons. I relisted them and got threatened. Yet, when you do a search for them, the Chinese have flooded the search results with the same thing and aren't ever touched.

Unfortunately, the Chinese are the untouchables. They can do whatever they like with no ramifications. We do the same thing and it's off with the head. Just be careful when you're search for what you are wanting. You will find sellers of the genuine article. You just have to wade through the cheap fakes first.

[sea.breeze]

That would seem to explain it. It's weird.

[performance_parts_clearance_centre]

I had an item removed because it mentioned "Subaru" in the title and item description.

The item was an aftermarket turbo blow-off valve that fitted certain Subaru models; Subaru filed a copyright notice over use of their name. How do you list an accessory if you're not allowed to tell prospective buyers what it suits?

[dazzledayz]

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@performance_parts_clearance_centre wrote:

I had an item removed because it mentioned "Subaru" in the title and item description.

The item was an aftermarket turbo blow-off valve that fitted certain Subaru models; Subaru filed a copyright notice over use of their name. How do you list an accessory if you're not allowed to tell prospective buyers what it suits?

---

The Australian Federal Court last year dealt with this issue in light of a Google adwords campaign.

Google has since stopped acting like ebay has in your case:

The judgement states in part:

A word or sign may not be considered use as a trademark if the use:

• Explains the nature or quality of the goods or services;
• Describes some characteristic of the goods or services;
• Describes the ingredients of the goods; or
• Shows how the goods or services work;

Your listing title satisfies conditions 1, 2 and 4 but not 3 (that would be illegal as you would be implying the items were genuine).

So you are correct in your usage and Subaru is using Vero arbitarily and in contradiction of Australian legal precedent.

As this is a Federal Court judgement Subaru really need either a full bench sitting via appeal or a High Court opinion to overturn this.

ebay are just being slack (as usual)

[dazzledayz]

Here's a good example of how wrong eBay's attitude is and why the Federal Court thought the the way it did:

This is an eBay listing title that was ok last year:

PATRIOT (made in USA) 8gb-2x4gb matched DDR3 PC3-10600 1333Mhz Apple Mac SO Dimm (#222204925681)

There are 2 Copyright trademarks used - "Apple" and "Mac"

PATRIOT (made in USA) 8gb-2x4gb matched DDR3 PC3-10600 1333Mhz SO Dimm (#222204925681)

With the Trademarks removed, there'd be a high likelihood of someone buying this ram for a PC and being bitterly disappointed.

Similarly, your blow-off valve would disappoint anyone other than a Subaru owner.

I'd put in a query with eBay about this whole issue if I were you.

Could your exact wording have implied that the valve was actual Subaru product?

[performance_parts_clearance_centre]

"Could your exact wording have implied that the valve was actual Subaru product?".

No, both the title and description made it very clear that it was an aftermarket valve - the aftermarket brand-name is actually the key selling point, as they're very well-regarded.

The listing was removed late last year; it's since been relisted without any sort of issue...

[dazzledayz]

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@performance_parts_clearance_centre wrote:

"Could your exact wording have implied that the valve was actual Subaru product?".

No, both the title and description made it very clear that it was an aftermarket valve - the aftermarket brand-name is actually the key selling point, as they're very well-regarded.

The listing was removed late last year; it's since been relisted without any sort of issue...

---

I'm glad that's the way it worked out as it would have been diabolical to disallow references to correct product application.

What a can of worms that would have opened!

I guess ou were just picked up by one of the buggabots eBay seems to enjoy loosing on us.