Question Re: Apple Cables

[tamk45]

Quick question, I appreciate any feedback in advance.

I'm an eBay seller, using a regular (non-stealth) account. For the past year I've sold a particular type of charging cable for Apple products. I've never advertised or implied that they are genuine Apple products. For the last few months, I've also sold the new style connector that Apple offers on the iPhone 5 and new iPads.

Recently I received an MC999 VeRO complaint and my listing of the new-style connector was pulled. I contacted the address provided for Apple and surprisingly received a very prompt response, which indicated that 'Lightning' was an Apple trademark. I didn't realize that, and I had been using it in my listing description. Obviously I know not to do that now. I wrote back and stated that I appreciated their reply and would cease using Lightning in any listings.

They also included the following sentence, "Apple also owns proprietary rights in the technology used in its Lightning and 30-pin accessories, as well as other related intellectual property."

Now I have been selling 30 pin accessories for a long time (without issue - and Apple did not flag my listing of the same product in 30 pin format) - and I know plenty of established businesses that produce 30 pin accessories.

Is there really anything different about 8 pin (lightning) cables? These have been good products for me, and I would hate to unnecessarily walk away from them. At the same time, I don't want to wade into any trouble with eBay or Apple. I'm certainly not misrepresenting what I'm selling. I certainly understand Apple desiring to protect their trademarks. But to to kill the entire market for 3rd party cables? That seems a little absurd to me.

I'm going to get in touch with eBay in the next day or two and communicate that I have corresponded with Apple and that I will be modifying future listings to ensure there is no infringement of their trademarks. But am I otherwise safe to re-list, assuming I clear this with eBay? Or are these products I should stay away from, for the sake of my account?

Obviously the most anywhere here can do is offer their opinion, but this appears to be a pretty knowledgable group. I greatly appreciate any thoughts or feedback anyone may have.

[GreenBean]

Originally Posted by tamk45

Quick question, I appreciate any feedback in advance.


I'm going to get in touch with eBay in the next day or two and communicate that I have corresponded with Apple and that I will be modifying future listings to ensure there is no infringement of their trademarks. But am I otherwise safe to re-list, assuming I clear this with eBay? Or are these products I should stay away from, for the sake of my account?

.

Preferable to avoid relisting for several reasons.

You will not be able to rely on the word of ebay that they are happy/satisfied with your actions. You may certainly get one person to say what you want to hear. But listing again may trip flags again and thus endanger the account.
Well done for realising the issues. Long term for your account I would suggest avoiding these products.
Account is flagged. Subsequent issues could see permanent suspension.

Apple themselves as IP owners enforce their rights to their items and how they are sold.
Bear in mind you have you own real details & so should nuture this account to the best of your ability.
Good Luck

[zoneout]

I would stay away. The difference with lightning cables is that there is actually intelligence built into them to detect which way they are plugged in. 30-pin is just a dumb cable. At $40 a pop Apple is not going to be giving in to knock-offs.

[Ukdirect]

Avoid anything apple, they inforce their IP rights more than anyone else on eBay.

I've got burnt with the lightning adapters on eBay myself, if you need to shift any remaining stock get then listed on Amazon

[zoneout]

Amazon doesnt care about vero?

[Ukdirect]

It's not that they don't care it's just not enforced as much, plus you can list your items against someone else's listing so it's not your listing that gets taken down

[Sandy D]

Originally Posted by zoneout

Amazon doesnt care about vero?

Oh yes they do. Especially big names like Apple.

[NGALO1983]

What I noticed is that certain words on your title page will get you hit with a MC999 What if I sold an actual apple? Like the apple that we eat? Would Ebay take down my listing because I used the word "Apple" in my title listing? I already know the answer to this but this is for you to think about....

[GreenBean]

@NGALO1983

Beware the ebay bots.

Words are flagged too often.

Look for a thread by imjustme.

He had a takedown for........
drumroll................

Having the word RED in his description

[zoneout]

Right, but its usually not ebay that is scanning the listings. Its usually these big companies like Apple, Gucchi, Rolex, whatever either have internal employees whose job it is to protect their assets or they hire law firms to do it for them. Its only after these people complain that ebay takes action.