I'd like to Punch Mr. Elf on The Shelf

[flyriver]

Sooo I was selling "Christmas Elves" without using the trademark name Elf on the Shelf. Nonetheless, their company continued to have my listings removed and account temp restricted. I emailed them and they answered with a generic non helpful response. I wrote back with my own defense and they never responded. I found a court case involving them and another company. The other company made a parody on elf on the shelf with a similar name and similar elf. The courts ruled against elf on the shelf. So, how in the world am I infringing on their trademark? How can I fight this BS!

[SaiJin]

That doesn't sound right.
if you have absolutely nothing to do with this, then I'd say try to look for a phone number to the company and call them directly?

Do you have backup accounts too so you are still selling?

[flyriver]

Originally Posted by SaiJin

That doesn't sound right.
if you have absolutely nothing to do with this, then I'd say try to look for a phone number to the company and call them directly?

Do you have backup accounts too so you are still selling?

I just don't feel llike jumping through all those hoops to find the person who actual has the ability to have them relisted. I sold the rest on a different platform.

[bjammin]

IT PUTS THE LOTION ON ITS SKIN

[rsot]

Originally Posted by SaiJin

That doesn't sound right.
if you have absolutely nothing to do with this, then I'd say try to look for a phone number to the company and call them directly?

Do you have backup accounts too so you are still selling?

Agree - seems like the company is able to fight the listings with some clever writing

[flyriver]

Originally Posted by rsot

Agree - seems like the company is able to fight the listings with some clever writing

I just checked and the "Brand Protection" company is located in Amsterdam. Seems like they planned a strategic location. Anyway if anyone else is interested these are the TM's that the company holds.

https://trademarks.justia.com/search...F+ON+THE+SHELF

[Bangduck]

you can try to submit a counter argument to eBay showing that the court ruled against Elf on a Shelf and hopefully they will remove your restriction. (Fingers crossed) They is a specific email/snail mail address they eB has to deal with copyright infringement stuff.

However in the meantime, i would get ready for the worst case scanario and start preparing other stealth accounts for usage. dont put all eggs in one basket.


I know, eBay is dumb that's a given, if one still wants to sell on eB all he can do is keep his EQ strong and cope with them in the best way possible.

[flyriver]

Originally Posted by Bangduck

you can try to submit a counter argument to eBay showing that the court ruled against Elf on a Shelf and hopefully they will remove your restriction. (Fingers crossed) They is a specific email/snail mail address they eB has to deal with copyright infringement stuff.

However in the meantime, i would get ready for the worst case scanario and start preparing other stealth accounts for usage. dont put all eggs in one basket.


I know, eBay is dumb that's a given, if one still wants to sell on eB all he can do is keep his EQ strong and cope with them in the best way possible.

I guess its worth a shot. Most likely though, ebay will not want to play attorney and make any redactions. Do you know their email for such a case?

[GreenBean]

Originally Posted by flyriver

I guess its worth a shot. Most likely though, ebay will not want to play attorney and make any redactions. Do you know their email for such a case?

I’ll get someone to look thro’ their bag of spoons and give you the right answer.

Anything else we should supply? Am I right thinking you are just a kid and not an adult?

For the future, you need to do any and all reasonable research to see if you have the right to sell an items.

Items with Trade Marks are often fatal for an account.

[GreenBean]

WARNING EBAY LINK BELOW

https://pages.ebay.com/seller-center...r-program.html


This is part of TM business.
OP, you are welcome.

[flyriver]

Originally Posted by GreenBean

I’ll get someone to look thro’ their bag of spoons and give you the right answer.

Anything else we should supply? Am I right thinking you are just a kid and not an adult?

For the future, you need to do any and all reasonable research to see if you have the right to sell an items.

Items with Trade Marks are often fatal for an account.

I did a fair amount of research. It was actually a copyright removal and not TM. Even with the information I provided, am I right in assuming you think i am infringing?

[GreenBean]

Originally Posted by flyriver

I did a fair amount of research. It was actually a copyright removal and not TM. Even with the information I provided, am I right in assuming you think i am infringing?

Yes and yes.


Yes because you used what seemed to be an innocuous Elf.

Yes, because you have not demonstrated to me you fully knew what the Mr Elf company wanted.

That said, I will happily re-read the thread.

[flyriver]

Originally Posted by GreenBean

Yes and yes.


Yes because you used what seemed to be an innocuous Elf.

Yes, because you have not demonstrated to me you fully knew what the Mr Elf company wanted.

That said, I will happily re-read the thread.

If you can find a TM or Copyright for the design of an elf doll, within their published TM's and Copyrights, only then would I be inclined to agree with you.

https://trademarks.justia.com/search...F+ON+THE+SHELF