Quote:
Originally Posted by IDK  What you should do is get an understanding of what TM infringement is. Lets say you have a coupon for half off Huggies diapers. Huggies is the brand. They own the right to that name. You can't use that name without the company's expressed written consent. Period. Especially if you are making a profit off their name.
Lets say you put out a brand called lorddamax jock straps. You get on ebay and see that I'm selling coupons for 30% off. First off, coupons are suppose to be free. So if you don't sell them, why should I? What if you didn't authorize that particular coupon? Or what if it's expired and the seller is just making duplicates? Once those coupons are sold the buyer my be refused by the retailer. That makes your company look bad. Would you really want to allow me to screw up your business just so I can make a few bucks? | Ok, that didnt exactly answer my question, and you kinda went off track.
By your definition, EVERY ITEM on ebay is subject to Vero.
"Lets say you have a coupon for half off Huggies diapers. Huggies is the brand. They own the right to that name. You can't use that name without the company's expressed written consent. Period."
That means:
Apple iPod 3rd Gen
Halo 2 for Xbox
Zhu zhu pet
Furbie
Cabbage Patch doll, like new condition...
ALL of them can be Vero'ed. Using your rationale of "you cannot use that name without permission, period."
You CAN use the name to describe what you're selling. You cannot use the name to make a counterfeit, and you cannot use the name in your own business, but if you have an actual pack of Huggies Diapers you sure as hell can legally list Huggies Diapers for sale.
Now, said company may not LIKE me selling their coupons, but that doesnt make it illegal or trademark infringement. Which is why I said I think the claim may be BS... they dont like me selling them, so they Vero'ed me knowing it kicks me in the ass for 7 days.
I came here to ask if it may be legit and if so what should I do and how should I proceed. Telling me it's a legit vero because I said I'm selling a "Store-X coupon" is absurd. Thats not trademark infringement. Thats stating what I'm selling.
I may not be a trademark lawyer but even I know that you can use a trademarked name to describe an item. I'm not counterfeiting coupons, merely reselling those I'm smart enough to collect in quantity online. Thats not illegal.
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sucks..
