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  #1  
Old 09-24-2007
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Question Need some advice regarding prevention of suspension

hi everyone..

i need some advice regarding prevention of suspension... basically i deal in custom made stuff for example watches, mouse pads, key rings.. and alot more.. the last time i got suspended was due to trademark violation.. i listed custom made music fan memoribilla.. got suspended by vero member baywatch something.. i did mentioned in my listings that they r custom made but still got suspended... how can this be trademark violation when i m stating that these are custom made meaning not affiliated with anyone... if using celebrity pictures is a problem then i still see a million users selling same custom products but making upto powersellers... did i do anything wrong regarding my listings or is there a proper way of listing custom made products which i m not aware of.. i have faced the consequences of getting suspended which i have to avoid at all cost again...

any valuable suggestion is highly appreciated..
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Old 09-24-2007
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Powerbid, I had visit Tabberone website before, and believe she also making ”custom made products”.
You can visit her website and reading on her articles. I hope this will help you, good luck.

Quote:
There are a variety of companies that interfere with the legitimate operation of small home-based businesses. These companies use legal jargon and various maneuvers to illegally shut down mom and pop businesses that have not violated any laws.
Tabberone's Trademark & Copyright Abusers' Hall of Shame
Tabberone's Trademark & Copyright Abusers' Hall of Shame.

Quote:
There are a lot of companies out there who use questionable tactics to coerce people into doing what these companies want them to do. While there are far too many people and companies infringing upon copyrights and trademarks, far too many rights holders have adopted approaches that infringe upon the rights of the innocent. If one percent of the people put into jail were proven to be innocent, the public would be outraged and demand some sort of corrective action. One study has concluded that as much as thirty percent of eBay auction terminations are "questionable". Tabberone has been in federal court more than 15 times to defend against "improper" eBay auction terminations and won the great majority of them.
Tabberone's Trademarks & Copyrights
Tabberone's Trademark page.
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Old 09-24-2007
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Thanks to music man i am on that site for about 2hours now researching... but i have learnt that tabberones is using brand purchased fabric to create her own merchandise, however i used celebrity images modifying them and using them in custom watches, mousepads, keyrings etc...

modee if the custom product is of jhonny depp then without mentioning the name no one would be able to find the product... i hope i was able to explain
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Quote:
Originally Posted by powerbid View Post
Thanks to music man i am on that site for about 2hours now researching... but i have learnt that tabberones is using brand purchased fabric to create her own merchandise, however i used celebrity images modifying them and using them in custom watches, mousepads, keyrings etc...

modee if the custom product is of jhonny depp then without mentioning the name no one would be able to find the product... i hope i was able to explain
Yeah to tell you the truth you really cant do that. That is a trademark vero violation. Your banking money off the celebrity name without their permission.That is illegal

Would if a new seller on Ebay used your Ebay powerseller name in their listings to sell his items and didnt give you any money. How would you feel???
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Old 09-24-2007
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thanks!! i was in false assumption that as i m making my own products that shoudnt be a problem thats not a problem as i can now focus my attention purely on my own creations.. it is only when u see a million other ebayers selling custom celebrity products u get tempted that maybe i m the one who is doing something wrong in the item descriptions...

can anyone also explain use of clipart images in custom products.. i wonder if they r also copyrighted or trademarked..

2ndly what if i donot use any images and use words like .. i love bon jovi in text.. is this also a violation? asking too many questions as i dont want to do any such thing which violate ebay vero policy and get kicked.. coz as everyone of knows ebay kicks first ask questions later..
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Old 09-24-2007
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Quote:
Originally Posted by Modee View Post
But I think you know this. What you appear to be saying is how could anyone find my listing and report me because I do not mention the name in the listing or auction title. Well, obviously someone did find it..
just re-read what modee said.. well no modee u have understood me wrong.. u mentioned earlier not to use any brand/celebrity names inorder to avoid being caught...so i asked how can potential buyers find my auctions if i donot list the name of artist/celeb the product is about... 2ndly i was unaware that if u make ur custom products it still can be troublesome if u use image of celebrity... what about quotations by famous writers? what about non-celeb pictures available all over the internet.. please bear in mind that i never use any pics for my custom products which have copyright symbol in it...

any ideas what free suff (regarding pics, text) can be used without violating law or infringing rights..???
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LOL?? Di you every read any of the links that was posted above?? Because I did and the last questions you posted is clearly answered within those links.

I do know the answer to your questions but I'm not about to take the time out to type for someone who refused to read.



Get you reading glasses on and read read reaaad!


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This is an interesting read. So how come ebay is awash in movie memorabilia - posters, programs, buttons, promotional stills, autographs, etc? Do these people all have special licenses with the studio to sell? I doubt it. Are you saying that if I bought a movie poster 20 years ago and tried to sell it now, and the actors are all featured on the poster (like about 80% of them out there), that that is a Vero item? Unbelievable. Are movies not subject to the same violations? I doubt it. Yet it would seem so by the content of this thread.

Good Lord, it's getting to where you have to retain an attorney or be one yourself just to sell on ebay now. Damn!
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Old 09-24-2007
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chris hanson thats what i have been doing for all day long and still am (recall i was here to seek all ins and outs not be suspended again atleast by vero) so u donot have to write anything and thanks for your help anyway...i suppose u r least interested in helping rather then making fun of .. more of acting like ebay isnt it hahaha

i requested any help possible not insults... after being on tabberones website for almost the whole day i only wonder why i didnt knew about that website earlier.. YES it has answered most of my questions.. opened my eyes and made me well aware of so many things...

thanks to aspkin for providing this forum and musicman a salute for u for providing me exactly wat i was looking for...

i still welcome insights from other ebay sellers who also sell custom products.. as far as i have researched almost every custom product seller is infringing in most to atleast one of their listings.. some of the custom product powersellers that were my inspirators before i see them now as also naru'd (checked them after visit to tabberone - makes sense why)
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Old 09-24-2007
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Quote:
Originally Posted by Jack View Post
This is an interesting read. So how come ebay is awash in movie memorabilia - posters, programs, buttons, promotional stills, autographs, etc? Do these people all have special licenses with the studio to sell? I doubt it. Are you saying that if I bought a movie poster 20 years ago and tried to sell it now, and the actors are all featured on the poster (like about 80% of them out there), that that is a Vero item? Unbelievable. Are movies not subject to the same violations? I doubt it. Yet it would seem so by the content of this thread.

Good Lord, it's getting to where you have to retain an attorney or be one yourself just to sell on ebay now. Damn!
Jack thats correct !!! when i started making custom products i didnt knew it is a violaltion coz if u check it in memoribilla section u will see tons of custom made products.. so that means if u see word hand crafted, hand painted, custom , desiged by self, exact replication etc these all are ⊗⊗⊗⊗, counterfeits , illegals (gosh ) doesnt it sound so wiered that they still thrive for so long... now as i m more aware of this i think i can easily point out so many sellers that are selling ⊗⊗⊗⊗ and can be veroed.. even those who are registered with ebay since late 90s:o
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I have known many people who make custom items over the years, and none (that I know of) have had their listings removed. No offense intended, but there has to be either something you're doing differently, or they have found a loophole. Not that I've noticed though. I have noticed that the specific details area is being filled out a lot more often now though. Perhaps that means something.
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jack if u read my first post that was my question.. what did i do wrong to have my listings removed and got suspension why me why not all those hunders n hundreds of sellers.. but now i understand that they r all wrong just coz they r not caught doesnt conclude that they r right.. its just a matter of time... now as we are ellaborating more on this let me refer to this page from tabberones hall of shame about an ebay member who was selling custom home decor items for kids.. Tabberone's Hall of Shame - AdorableDecor

read this in full and then check member id on ebay now.. shows powerseller status but recently got his id changed.. and currently not listing any items at the moment.. i can easily give various examples of current ebay sellers who are offering hundreds of infringing items at the moment but still are powersellers.... shall we call it its just a matter of time?????? luck???
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Another thing to consider - Do you have any direct competitors or enemies? Perhaps they're NARC'ing on you. I had it done to me a while back, and I conclusively proved almost without a shadow of a doubt that was the case. Ebay didn't care of course. All about the benjamins.
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Old 09-24-2007
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jack yes that could be the reason but thats not the point.. the point is it is illegal do it anyway... it is of no use to develop a bussiness which have weak grounds... i spent hours in designing my products, creating one good watch face takes approx 1-2 hours i made like 500 watches, let alone mousepads, keyrings and so many other stuff i was offering.. when the time came and the bussiness was flourishing within one day my account was suspended that time i was not even in my home country (UK) ebay is the sole income source for me.. now i m sure every1 here has been through this heartache... no one to turn to ebay give a damn to who u r and treats u like trash.. all the hard work gone to dust without even a warning... anyway before i get too sentimental lets come to the point and i have learnt the lesson if u keep doing the same thing over n over again u end up being in same place... thats why i started this tread to seek guidance and invest in those things which cant be challenged in terms of copyright of trademark..
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Okay i saw a website not too long ago that made them type of items. You could choose any picture you want and have It dropshipped. Bit I disgress

Powerbid you are using their names the wrong way. Look at the links that was provided, all the info is there. It also tells you how to word it. Its a fine line but you can beat it.

You also have to use pictures and words that is directly related to your listing..Like say"watch with Hulk Hogan picture inside it" not" hulk Hogan watch"..
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There's nothing illegal about selling something you got legally. Whether it's up to ebay's damned TERMS is another thing entirely.
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You all please read these links. Alot fo you is misinformed and this will clear it up..
What is a copyright?
Tabberone's More Topics page.
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Old 09-24-2007
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well chris i have been through all of those pages by now !!! i think u missed one point... tabberone is using licensed fabric with original images to craft her clothing etc..... what most ebay users are doing simply copying/printing copyrighted images into their own custom products.. theres a clear distinction... it automatically becomes illegal (now i know it for sure) once u copy/reproduce any image that is copyrighted... so whatever phrase u use in the ebay listing that wording is just to avoid being caught... it doesnt change the fact.... with this realization its really so difficult to produce any custom product without infringing someones rights isnt it? unless u r an spectacular graphic artist...
i think trademark infringement becomes a 2nd issue to this one... and might be a possibility if we donot use any images and start using wording...

the big question.... how come there are so many ebay sellers who are doing this without being caught.. i recently saw some adverts with copy right disclaimers from brand owners present in the custom products but still being offered for sale... (is this just a matter of time???? )

if u like to have some examples trying searching on ebay for custom products...

i hope this discussion continues with suggestions how to rightly sell custom products and still not infringe anyones rights...
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Old 09-25-2007
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you mean like this auction-- > Custom Boutique Newz Resell /Girls Pageant Product Wear - (eBay item 190155631708 end time Sep-25-07 11:39:29 PDT)


Notice the seller put " Mc D" for Mcdonalds
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Thank You for giving me props Modee! Makes me feel like my Computer Technology Degree didn't go to waste like I thought it did...lol
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Old 09-25-2007
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well chris hanson i dont know why u gave the entire link u could have just given item number.. i dont think its wise to give entire link here directly to ebay

now about what u reffered .. yes thats how u can avoid being caught by changing the wording etc but till when? this guy/gal will be caught sooner or later thats for sure as i have been following powersellers doing same and now they are narud.

go check ebollo, el_andyboy, s*s*g, they r just some i can list many more....

now let me give some item numbers currently active and in full swing clearly infringing items.. 220153413980 , 190155718960 , 190155718987 , 290161362632 etc etc

items like these are not in 100s they r in thousands and thousands must be 50% of ebays active listings share...

modee u mentioned something about celebrity right of publicity in uk and australia being limited.. can u please shed some more light into this matter.. or if u can give me some sort of info links what is it and what we as custom product makers do regarding that... thanks..
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Powerbid is this the website that you are using to to make and ship your products?? Create Product - Sell T-Shirts, Buy Custom Products



Like Tcho stated, the older the account the less you are to get caught because they push the older accounts to the bottom of the pile and newer accounts to the top. Thats why Power Sellers can get away with it for so long.
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