i7s-tws earphones listing take down for design right violation

[dano]

With surprise i got in my business account an MC019 violation of design in i7s-tws earphones. There are many sellers they are selling them without problem.
I know very well trademark violation but never met before the design violation. So my question is, will be suffient modify and change photos and hide a part of the shape of these earphones? Do you never meet this kind of violation before?
Thanks.

[phaz0rz]

There was another user here a few days ago who had a similar "design mark" listing takedown from Apple. I've had the same kind of takedown a few years ago for generic i6 docks I was selling. I guess because the Lightning connector was showing in photos.

So my question is, will be suffient modify and change photos and hide a part of the shape of these earphones?

Probably not. If it were me I would do that just long enough to sell out of what's in stock then I'd move on to something else. You can try to play with the photos and continue selling the headphones but you would be fighting a losing battle. It would only be a matter of time before your listings are taken down by Apple again.

[ebaystealth1974]

So they can take an item down just because it LOOKS LIKE theirs? wth

[phaz0rz]

Originally Posted by ebaystealth1974

So they can take an item down just because it LOOKS LIKE theirs? wth

I think in my case it's because the Lightning connector is trademarked by Apple and was showing in photos. I'm pretty sure they even have the word "Lightning" when used in that context trademarked.

Apple has always been brutal about headphones. These were probably generic headphones designed to look just like Apple's. Whether or not Apple has legal grounds IDK but eBay tends to comply regardless.

[ebaystealth1974]

Originally Posted by phaz0rz

I'm pretty sure they even have the word "Lightning" when used in that context trademarked.

I called in, once, to raise my limits back in 2013 when I was selling cables. They told me I had to remove the word lightning from my title/descriptions. But it seems everyone is doing it nowdays...

[phaz0rz]

https://www.apple.com/legal/intellec...pletmlist.html

I guess if they enforced their whole list strictly there wouldn't be any Apple products being sold anywhere online. Or if there was it would have to be advertised as "White thin non-Windows laptop with super clear display + 1 year customer service"

[dano]

again down...sold over 700 units...again down..

**** eBay...**** Apple...

[phaz0rz]

Originally Posted by dano

again down...sold over 700 units...again down..

**** eBay...**** Apple...

Apple's enforcement on eBay has always been ruthless. If you can't handle their tactics you should sell something else before you end up with 1000 sets you're unable to sell.

[Pedroalva]

Lot of Chinese sellers keep selling those on Amazon/ ebay they should take down them for first

[KODE332]

you will get a perm ban if you relist the item

[bosas1]

Originally Posted by phaz0rz

I think in my case it's because the Lightning connector is trademarked by Apple and was showing in photos. I'm pretty sure they even have the word "Lightning" when used in that context trademarked.

Apple has always been brutal about headphones. These were probably generic headphones designed to look just like Apple's. Whether or not Apple has legal grounds IDK but eBay tends to comply regardless.

I've spoken to Ebay employees about this. If a company participates in the VeRO program (obviously Apple and every AAA brand do) they can just email Ebay and ask them to remove the specific listing. They do NOT have to provide a reason, it's basicaly an order to remove it. Ebay complies no questions asked.


WARNING ! LINK TO EBAY:
https://pages.ebay.com/seller-center...r-program.html

[ebaystealth1974]

Originally Posted by phaz0rz

Apple's enforcement on eBay has always been ruthless. If you can't handle their tactics you should sell something else before you end up with 1000 sets you're unable to sell.

Ummm, it's 1200. Get it right!

[phaz0rz]

Originally Posted by ebaystealth1974

Ummm, it's 1200. Get it right!

Me not catching your reference :

[ebaystealth1974]

The cables I got stuck with back in 2013 lol

[dano]

I noticed that little gallery image is helping some sellers to keep their listings up on eBay..
I'm also sure that competitors feedback to VeRO departements are involved in the situation..
It's really a crap, also because these headphones are totally different to the airpods one!

[dano]

Originally Posted by tinsoldier

Don't be ridiculous, they're a rip off of Apple design and technology.

I'm glad when listings like this get taken down TBH.

As i told in another post, we can call every android smartphone a phake of apple iphones..because apple invent and project that standard..

We can't apologize their method to keep market free of better items..and a with a cheaper price..

[dano]

Originally Posted by Pedroalva

Lot of Chinese sellers keep selling those on Amazon/ ebay they should take down them for first

Chinese should be far away from ebay and amazon...
Amazon and eBay will be damaged aswell...

[unkown5454]

Originally Posted by bosas1

I've spoken to Ebay employees about this. If a company participates in the VeRO program (obviously Apple and every AAA brand do) they can just email Ebay and ask them to remove the specific listing. They do NOT have to provide a reason, it's basicaly an order to remove it. Ebay complies no questions asked.


WARNING ! LINK TO EBAY:
https://pages.ebay.com/seller-center...r-program.html

This is 100% correct. I have been a victim of fa.ke takedowns this year from one specific company. When I told EB about it, Ve.Ro team said all they do is comply and that it is my responsibility to sue the company outside of EB if I want them to stop.