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A surprise trademark violation
 

I don't know what the hell it's going on lately with ebay. With one of my accounts I am selling only As seen on TV items. Never had a problem before - 100% feedback, 126 score accumulated mostly from one item. What a surprise yesterday when this item was removed for trademark violations???!!! / and I list not than 2 at a time/. Even if there was something wrong with what I sell, there is no way you can tell from the picture. What is going on - ebay now is just shooting in the dark or what? If they see that your sales are going good what...you must be doing something wrong?????? :shocked:

You were probably reported by your competition.

That, or the simple fact that this logo has actually been registered as a trademark at one time, and every once in a while they would enforce their trademark usage.

http://www.childsafetyzone.co.uk/images/asseenontv.gif

http://en.wikipedia.org/wiki/As_seen_on_TV_(marketing)

I do not know and cannot find a definitive answer to my own question: Was the trademark upheld or not? I remember back in the 70's when it happened, and I remember later somebody challenging the legality of the trademark. I do not remember the outcome and I can't seem to locate anything solid.

As much as you probably think its silly or ridiculous or impossible, these things can an do have legal power. Take the Moonwalk, for instance. Michael Jackson did patent the Moonwalk (or at least a portion of the routine named The Moonwalk - not the backward slide people incorrectly refer to as the moonwalk). If you are seen even attempting to perpetrate the Moonwalk, you could very well see yourself in court.

Maybe this is the reason for your recent difficulty. You may think you are listing 'safe' items 'As Seen On TV' when in fact THAT could be one of the worst VeRO no-nos of all time. Look around and see if you can find what I was unable to determine.

Yes, but I don't use this logo. I just sell "as seen on TV" items.

I will not be surprised. Lately feels like everybody went crazy and very mean in ebay. I don't know if it's because most are loosing sales or what is their problem? :confused:

Doesn't matter if you use the logo. Doesn't even matter if you refrain from saying the items are "as seen on tv".

If that trademark is still legally valid, and those people still have an interest, your listing is still actionable (that's a legal term). Which is not good for you.

Probably best if I pull another analogy out of my ass, to set the stage for you.

Let us make some imaginary substitutions and play out a scenario. I will play the role of "as seen on vt". You will play the role of the guy that runs a party store. For a product, let's use wedgee.

Ok, so I trademark "as seen on vt", the guy that gives the wedgees decides to franchise in under me, and here you come along trying to pass out his wedgees without my permission in your party store. I show up, I huff, and I puff, and I blow your hizzy down.

Why?

Because the guy that makes wedgees calls all the shots. The day he made the deal to franchise with me "as seen on vt", he gives me the right to call all the shots and look out for his interest because he's good at making them but I'm good at huffing and puffing. And you aren't allowed to play with his ball, especially in your playground, unless you get my OK in advance. If I don't say give somebody a wedgee, you must keep your hands out of his pockets. Even if you never say it was "as seen on vt" and even if you never scream wedgee. Too bad for you. That's how the law works. It's it and that's that.

Did that help you understand any better? Or would you prefer that I stuff it back up from where I got it?

lol. I sold a t shirt once with the COPS logo with the As Seen On TV logo off to the side. it never got popped for trademark violations. maybe I should bring that back. I'd bet it was your competition turning you in like HWGA said.

vicvelcro, First Sale Doctrine

Jonas, you are correct. However, we all know that VeRO and ebay elect not to observe that law, and instead will bump a listing and expect the seller not to pursue legal remedy. Most of the time, they are correct. But any seller who chose to follow all the steps should by all rights win a case. Courts don't always produce the correct outcome.

I believe knowledge is power. And if you possess enough information about a circumstance, you can write yourself into the script however works most favorably for you. Better to know and plan in advance, than be forced to react quickly after the fact.

Just my observation. We all know life ain't fair. I've heard it often enough that I feel no guilt when I repeat it back to the people who bandy it at me first.