Mark Monitor - Any had experience with them?

wired · #1 09-02-2015

Had an item taken down on VERO by these guys. These are not branded products, but are built to 'fit' a certain model of a brand product, so hence the title would say MY OWN BRAND ITEM to fit THIS BRAND OF PRODUCT as AFTERMARKET REPLACEMENT, basically a replacement part.

Yet this Marker People had it removed for unauthorised content.

Its starting to look like I have someone after my account as after almost a year of trading with over £40K, 99.9% , and a near perfect selling account, I've had neg feedbacks , dodgy PayPal transactions claims, and now this Vero takedown.

Ebay is the 'spare parts' go to for most things, so this is a completely new one on me. Veros are pretty serious, so Im thinking my account might now be on the downward spiral.

Anyone had an experience with these people? Im tempted to call them and up and have a chat, but I am not sure if it would be too risky as it would alert them to the rest of my stock.

Callidus · #2 09-02-2015

I don't see how this product you are selling can be VERO'd then if it's not a branded product and isn't a 'copied' design of any original.....

wired · #3 09-02-2015

Quote:

Originally Posted by Callidus

I don't see how this product you are selling can be VERO'd then if it's not a branded product and isn't a 'copied' design of any original.....

EXACTLY. Hence my confusion!

'Trade Mark Violation'

But there is no trademark. Its a brand free product, white box good. Not even a copy or replica of anything.

slapped · #4 09-02-2015

Believe it or not if someone exploits a brand or a branded product for their own gain it can be considered copyright infringement.

wired · #5 09-02-2015

Quote:

Originally Posted by slapped

Believe it or not if someone exploits a brand or a branded product for their own gain it can be considered copyright infringement.

So in theory, anybody selling anything is in violation of something?

slapped · #6 09-02-2015

I did not say it was fair, I just know that that's the way it is,,a Long time ago I had a factory in Singapore make specially tinted anti-glare,anti-sun iPhone screen protectors that allowed users to use their phones in the brightest of lights, there was NOTHING even Close to it available on the market, and as far as I know that is still true to this day. I wound up in court with Apple. I Lost the case.

wired · #7 09-02-2015

Quote:

Originally Posted by slapped

I did not say it was fair, I just know that that's the way it is,,a Long time ago I had a factory in Singapore make specially tinted anti-glare,anti-sun iPhone screen protectors that allowed users to use their phones in the brightest of lights, there was NOTHING even Close to it available on the market, and as far as I know that is still true to this day. I wound up in court with Apple. I Lost the case.

Yeah I wasn't arguing, merely summarising! but hell of a story, I guess the reason these companies stay on top is to squash the little man. Half of ebay would dissapear overnight if they acted on all listings..

Fan Belt for Ford Focus

VERO takedown for using Ford.

FAN BELT

Who is going to buy it now?

Im still in debate whether to contact these Marker people, or ebay.

Callidus · #8 09-02-2015

Quote:

Originally Posted by slapped

I did not say it was fair, I just know that that's the way it is,,a Long time ago I had a factory in Singapore make specially tinted anti-glare,anti-sun iPhone screen protectors that allowed users to use their phones in the brightest of lights, there was NOTHING even Close to it available on the market, and as far as I know that is still true to this day. I wound up in court with Apple. I Lost the case.

Wow, that is some story...How has that infringed their copyright though? Makes no sense to me.

dealagreeproceed · #9 09-02-2015

Quote:

Originally Posted by Callidus

Wow, that is some story...How has that infringed their copyright though? Makes no sense to me.

my thoughts exactly... doesn't sound right...

slapped · #10 09-02-2015

Quote:

Originally Posted by Callidus

Wow, that is some story...How has that infringed their copyright though? Makes no sense to me.

The reason is that the only way to market and sell that product is to let people know that it is for an IPHONE, that's where the "infringement" occurs.

As far as Apple was concerned in my case their position was simple, the simple fact that their IPHONE exists is the ONLY reason that I was able to sell the product that I produced,,I HATE to admit, but, that's true

Callidus · #11 09-02-2015

So surely Garmin are infringing Apple's copyright? Why couldn't you approach Apple and do a 'deal' for the product if there was nothing on the market whatsoever at the time / currently?

JamesNorth101 · #12 09-02-2015

I would imagine a company like Garmin have agreements with Apple to avoid issues like this

Callidus · #13 09-02-2015

Obviously they do but the point was mainly aimed at why such a niche product that Slapped had couldn't be discussed with Apple directly to retail it via a similar agreement.

JamesNorth101 · #14 09-02-2015

Interesting question

@Slapped - Did you out of question ever discuss anything like that with them?

jeffweico · #15 09-02-2015

I think that the copyright and trademark laws have gotten out of control. It is one thing for them to stop people selling counterfeits of their products, I understand that. But when they start going after people for making things that merely WORK with their product, that is ridiculous. That just stifles innovation.

Still, we know how to fix this problem. A new stealth account. Stop selling these on your current account and use it to sell other things. Put the item back up under a stealth account.

And we have a PERFECT EXAMPLE here of a LEGITIMATE NEED for stealth accounts - to level the playing field for the little guy. Because what happened to Wired is COMPLETE B.S.!!!

slapped · #16 09-02-2015

Quote:

Originally Posted by JamesNorth101

Interesting question

@Slapped - Did you out of question ever discuss anything like that with them?

Yes, but AFTER they caught me, and to be quite honest what Apple wanted in order to "License" me was in my opinion was ridiculous, I would have been saddled with all of the burden/Risk and they would have made all the money, so I abandoned it,,,,one of you guys can try if you like,,

taerese · #17 09-02-2015

Some of the copyright act in UK have been in force since the 50's 60's and even the 70's. They are totally outdated and don't fit for the 21'st century. They are costing the economy loss of billions in potential revenue and even jobs. And it get me wondering when our policy makers will begin to look into them

I had an experience, I wont go into details, as far back as 2010 when one of my businesses was been approached by investors for possible millions of ££ in capital investment. I was travelling the pole of the country from north to south pitching to board of directors of various companies. It was the height of my career, I got mentioned in various newspapers (free publicity) and even BBC ones invited me to an interview which I turned down for the copyright reason.

All of a sudden I began to receive various letters of cease and desist from the top industry players.

The American company whose business model I copied and brought to UK has IPOed on the NASDAQ in 2013 or 14. The CEO of its biggest competitor also approached me at the time and he even travelled to UK to discuss investment in me.

Everyday I look to the sky and think if I will ever get an opportunity to become a millionaire again.

taerese · #18 09-02-2015

Quote:

Originally Posted by slapped

Yes, but AFTER they caught me, and to be quite honest what Apple wanted in order to "License" me was in my opinion was ridiculous, I would have been saddled with all of the burden/Risk and they would have made all the money, so I abandoned it,,,,one of you guys can try if you like,,

I can understand what they wanted. They will put you in a position you have to kiss their feet if you want to succeed. They want to play the flute for you to dance to it. And they want to be able to cut you out at anytime. Phone4u is an example that came to my mind now

Like the sayings, if you want to dine with the devil, you must have a long spoon. As a small business, if you want to be really successful in disrupting an industry then you need to have the capital ready for every legal tussle.

An ordinary person without capital would not have been successful with UBER

wired · #19 09-02-2015

Quote:

Originally Posted by taerese

Everyday I look to the sky and think if I will ever get an opportunity to become a millionaire again.

Or look to the sky and be content with what you do have and what you have achieved

wired · #20 09-02-2015

So does anyone think a call to these nobbers is worth it?

slapped · #21 09-02-2015

Quote:

Originally Posted by wired

So does anyone think a call to these nobbers is worth it?

Maybe, it cant hurt, they might give you certain guidelines that would be ok with them in so far as an Ebay listing

wired · #22 09-03-2015

So, ive been in touch with them. They want the item number that was taken down. My concern is with this, as they will then see my shop and find all my items, being replacement parts , are for branded products. So could I be chancing 100 VERO takedowns if they get funny?