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  #1  
Old 01-23-2012
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Default MC019 eBay Listing Removed - HELP! Am I in trouble?

Hi folks!

I've just received a MC019 eBay Listing Removed: Trademark Breach - Unauthorised Item email from ebay.

The item in question was a model of a famous brand of electric guitar and the email I received from eBay was to say they've removed my listing as the trademark owners had contacted them to say that my listing infringed their intellectual property rights.

Now as far as I knew the model wasnt counterfeit - it was just a scale model of a famous brand electric guitar. Anyway they've cancelled my listing and now I am worried that I might get suspended, I currently have 15 auctions that end next Sunday and this is my new stealth account thats only been running a couple of weeks. Will they ban me for this?

Also would it be alright if I relist the item and just call it a 'model electric guitar' rather than describing it as a 'model (famous brand) name electric guitar or will ebay see me trying to relist the item as ignoring their notice and ban me?

Cheers!

Johnny
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Old 01-23-2012
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how many breaches do you have on this account?

what are the other items,could they get you in more trouble

if it has a brand name,always a possibility its vero
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Old 01-23-2012
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Quote:
Originally Posted by johnnyleeds View Post
Hi folks!

I've just received a MC019 eBay Listing Removed: Trademark Breach - Unauthorised Item email from ebay.

The item in question was a model of a famous brand of electric guitar and the email I received from eBay was to say they've removed my listing as the trademark owners had contacted them to say that my listing infringed their intellectual property rights.

Now as far as I knew the model wasnt counterfeit - it was just a scale model of a famous brand electric guitar. Anyway they've cancelled my listing and now I am worried that I might get suspended, I currently have 15 auctions that end next Sunday and this is my new stealth account thats only been running a couple of weeks. Will they ban me for this?

Also would it be alright if I relist the item and just call it a 'model electric guitar' rather than describing it as a 'model (famous brand) name electric guitar or will ebay see me trying to relist the item as ignoring their notice and ban me?

Cheers!

Johnny


If the model is Not approved by the Manufacture,,then its a Counterfeit,,as for your other listings,,as long as they are not counterfeits you should be ok.

If the accounts does not recieve any more Violations it should clear in a Year,
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Old 01-23-2012
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Quote:
Originally Posted by johnnyleeds View Post
Hi folks!

I've just received a MC019 eBay Listing Removed: Trademark Breach - Unauthorised Item email from ebay.

The item in question was a model of a famous brand of electric guitar and the email I received from eBay was to say they've removed my listing as the trademark owners had contacted them to say that my listing infringed their intellectual property rights.

Now as far as I knew the model wasnt counterfeit - it was just a scale model of a famous brand electric guitar. Anyway they've cancelled my listing and now I am worried that I might get suspended, I currently have 15 auctions that end next Sunday and this is my new stealth account thats only been running a couple of weeks. Will they ban me for this?

Also would it be alright if I relist the item and just call it a 'model electric guitar' rather than describing it as a 'model (famous brand) name electric guitar or will ebay see me trying to relist the item as ignoring their notice and ban me?

Cheers!

Johnny
Unlikely to lead to a ban for a first violation, however if your other listings are similar then I would suggest you end them asap and realist without the brand name.

Brand names are big taboo unless your are 100% sure they actually made it. don't use them. Even if its genuine they can still request a take down. It's their name and they can and do have the authority to stop you using it in any way shape or form. Some rights owners just don't want their stuff being sold on e/b as it devalues their brand in their eyes.

BTW most top brand guitar makers don't make miniature models of their stuff bur Chinese factories do.
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Old 01-23-2012
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Hmm, well I do have some other brand name items for sale including a pair of Doc Martens which are genuine as far as I know as I bought them new from a well known high street retailer, I also have some trainers made by a well known brand, a vacuum cleaner attachment made by a well known British brand, er, some Game Boy stuff made by Nintendo... its not looking good for me is it..?

WTF so now we cant sell anything that was made by a well know manufacturer? I dont get it? What can we sell on ebay then? just generic non-branded goods? This is crazy, if this is truly the case then I am really packing it in!
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Old 01-23-2012
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Quote:
Originally Posted by johnnyleeds View Post
Hmm, well I do have some other brand name items for sale including a pair of Doc Martens which are genuine as far as I know as I bought them new from a well known high street retailer, I also have some trainers made by a well known brand, a vacuum cleaner attachment made by a well known British brand, er, some Game Boy stuff made by Nintendo... its not looking good for me is it..?

WTF so now we cant sell anything that was made by a well know manufacturer? I dont get it? What can we sell on ebay then? just generic non-branded goods? This is crazy, if this is truly the case then I am really packing it in!
Before you list anything research other similar items for sale and see how others are describing similar items. As I said before if you are not 100% sure about an items authenticity don't list it, especially a newish account.
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Old 01-23-2012
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Quote:
Originally Posted by johnnyleeds View Post
Hmm, well I do have some other brand name items for sale including a pair of Doc Martens which are genuine as far as I know as I bought them new from a well known high street retailer, I also have some trainers made by a well known brand, a vacuum cleaner attachment made by a well known British brand, er, some Game Boy stuff made by Nintendo... its not looking good for me is it..?

WTF so now we cant sell anything that was made by a well know manufacturer? I dont get it? What can we sell on ebay then? just generic non-branded goods? This is crazy, if this is truly the case then I am really packing it in!
You CAN sell brand names on eBay, but the trademark owners can remove the listings if they feel your merchandise is counterfeit or is otherwise unauthorized. Some will abuse their power and remove listings regardless.

If you bought something from a well-known retailer, then it is most likely genuine. If you bought a bunch of DVD's or computer software at a flea market, then it most likely is not.

As long as you are reasonably certain that your items are the real deal, then you should not end up in trouble, so to speak.
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Old 01-23-2012
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It is entirely possible to list branded goods. You will always get a few of these VeRO takedowns now and then. It is just part of the game on eBay. The trick is to find a product which gets the least takedowns and the highest sales and you should be fine that way.
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