Trademark Infringement / /Copyright / VERO Issues - Cease & Desist letters.

[luv_lyf]

Thanks suspendednowwhat for your reply about what happened. I tried the same with Burberry and they are still contacting me. They say I need to pay them $500 and send them the invoices from people I bought from and sold to or they will pursue legal action. I don't really feel comfortable signing the info they sent. Any suggestions?

[ebayhateluv]

If it were "me"..I'd Ignore it---(and change up user id's/emails.etc)--UNLESS you are 110% certain you can defend the suit and have legit products...

[TMiles]

jpo. the only thing i have to say is shame on you for reporting the other seller. i guess karma is a "_itch."

keep your side of the street clean and do not go after other sellers.

[Squee]

Hiya JPO,

Sorry to hear about your situation - sounds like scary stuff! Thankfully I've not had anything of that nature happen to me but what I can advise on is that ANYTHING even remotely related to Tottenham Hotspurs will get you in the soup - they have some legal guys constanty trawling eBay for anything that they can get pulled. I'm pretty certain that other Prem Leagure clubs will be similar but for me it's Spurs that are the biggest stinkers.

Good luck!

Squee

[luv_lyf]

Thanks for the feedback!

[mjstallion]

Paypal currently does not submit data on income to the IRS.

[M-Michelle]

eBay suspended my account because they claim that I cannot sell celebrity media on CD-R because it’s copyrighted, yet eBay still allows SEVERAL other sellers to sell exactly the same thing on their eBay site.


You can see some of the other eBay seller’s here:
eBay Store - Renraku's Celebrity Photo House: Photo CD DVD
eBay Seller: stargazersinc: Entertainment Memorabilia items on eBay.com
eBay Seller: celebmania: Collectibles items on eBay.com
eBay Seller: wynterdawn: Entertainment Memorabilia, DVDs Movies items on eBay.com
eBay Seller: idk entertainment: Entertainment Memorabilia items on eBay.com
eBay Seller: zombie1214: Entertainment Memorabilia, Clothing, Shoes Accessories items on eBay.com

I bought CDs from some of the above sellers almost a year ago, and eBay it still letting them sell ‘copyrighted’ media, yet they suspend me for selling the same thing. What a bunch of hypocritical basters!

If these items truly are copyrighted does anyone know who (other than eBay cause they do nothing) that I can report these copyrights to?

[aspkin]

It's most likely these same sellers that are getting you suspended. :(

[aking]

Yea, I never understood that either. I got banned for selling some DVDs but there were hundreds of other sellers selling the exact same thing. Someone must have reported us.

If your selling something in a pretty competitive market, other sellers will report you to boost sales.

[aking]

What is it?

[kasabian]

Let me start from the beginning...

I used to sell merchandise on Ebay, relating to a reasonably famous pop star/musician. T-shirts, keyrings, posters..that kinda thing. All designed, made, printed myself.

I found myself doing quite well out of it, because to be honest there was nowhere else that had quality products relating to this pop star.

I decided to start up an online shop using bigcartel.com. Basically to sell all my products on my own site, minus all the ebay fees..etc. i just thought this would be nicer, neater, and easier for customers to find me through my own domain, rather than going through ebay each time.

Anyway, my website has been around for a few months now. BTW, When I say it's doing well...I don't mean it's a full time business. It's just a way of getting some extra money on the side.

Yesterday I got a scanned letter by email from a lawyer in Los Angeles (I'm in the UK), from a lawyer representing the company who owns the rights to the official merchandise of this popstar (Bravado International Group). It's basically a lawsuit.

Now in the UK, the laws are different than the USA. No one (famous or not) can copyright their own likeness/image/face/feature. This is confirmed and I was aware of this before even making my website. If I've created the images of this musician from scratch, then its absolutely fine. Also his name isn't a trademark.

But even though I'm pretty sure I'm in the clear, and this lawyer doesn't have a case against me, I'm still quite worried. I've never dealt with anything like this before and I don't know what to do or where to go. I haven't replied to the lawyer yet. I don't know if I'm meant to do that or hire my own lawyer to do that for me. I'm completely lost.

I was wondering if anyone else here has gone through something similar, and if so, what happened...and how did it end..etc..

many thanks

[badebay]

list of brand names and associates who monitor ebay for there own brands etc. and either report to ebay or instigate removal. sometimes associates have been known to be competitors and suspect. to see a list of vero members clik on the vero url in ebay.

[aking]

Originally Posted by badebay

list of brand names and associates who monitor ebay for there own brands etc. and either report to ebay or instigate removal. sometimes associates have been known to be competitors and suspect. to see a list of vero members clik on the vero url in ebay.

ok, where is this Vero link in ebay? Im looking now...

[badebay]

i had a brand name threaten me with action a few years ago. i refused to fill in the form they sent to say sorry , and report my suppliers. i basicaly ignored them. i didnt sell it anymore though and the matter blew over. not a word. i recon they tried to scare me off. if your lucky this will be scare tactics only. but i would not sell for a while. And get some legal advice. one visit to a lawyer who knows his stuff should be ok. off the record " dont you think you took a risk ??? america invented the word sue

[aspkin]

So they're suing your website? It doesn't sound good...

It's probably best you get advice from a Legal forum...

FreeAdvice Legal Forum

[aspkin]

Two second Google Search: vero - Google Search

eBay Guides - VeRO for Dummies - Copyright Rules on Ebay

[kasabian]

here is the letter I have been emailed:





:/

[kasabian]

I dunno if emailing the lawyer back and having a normal conversation with him is the way to go? I can explain to him that it's just a small website started by a fan (me) and I didn't mean any harm by it. I really don't know if I should grovel or what.

[aking]

Might be time to stop selling whatever u were selling

[djmuggs]

theres several reasons why youve been suspended and others have not.

1) they report you (since they are powersellers, ebay WILL listen to them more often)
2) they are power sellers, therefore dont get looked at by ebay as often
3) you own a new account, which to ebay can be a high risk account which therefore will be suspended for listing potential high risk items. (dvds, cds, name brand shoes & glasses)

[aking]

I guess you had to get in the ebay game early and become a power seller to remain in the game. DOesnt sound like its even possible to become a power seller now.

[philly387]

I would suggest talking to someone you know that knows the laws. Maybe you have a friend or relative that you can talk to?