| louispn | 11-01-2008 08:57 PM |
How to fight Big Company in VERO
Hi,
I had this Trademark Violation alert received from eBay. I've got some advice from another forum, but not enough. So hopefully someone here can help. Sorry for a long message below.
Here's my question:
I'm asking on behalf of my roomate. She sells some t-shirts with own design or slogan or words, etc.
Then she had these t-shirts with the wording "100% Jeep Power" and "Got Jeep". And she just received a trademark violation from eBay. She was told there was an automobile company with the brand name "Jeep" and they reported to eBay.
She didn't imply any linkage with her t-shirts and that automobile brand. I'm just wondering if those Big companies can really stop people from using those generic words in different products.
Anyone can advise what I can do to overrule them? Thanks.
Then someone commented:
Just take a look at the Trademarks that the U.S. Patent and Trademark Office has approved with the name Jeep. As you can see, they approve these trademarks and I see no evidence of infringement with them and Jeep. I would send that page to eBay and tell them to reconsider. I've studied trademark law and I know there are exceptions. Consult with an attorney.
Then I posted some additional questions, but no one responded:
Thanks so much for your advise. Sorry that I'm not very familiar with the trademark law. But I've gone thru the uspto.gov site and checked the "Jeep". I found a number of Jeep items, and also a "IT'S A JEEP THING...YOU WOULDN'T UNDERSTAND." record. But not any one exactly the same as "got jeep" or "100% jeep power". Do you mean that actually the "Jeep" owner has no rights to stop people from doing other designs with the word "Jeep" as this word is also a generic term existed long time ago (I guess during the past War time)? I saw some other trademarks with the word "Jeep", too, but not actually owned by the "Jeep" owner CHRYSLER LLC. E.g. I saw one "EARTHSTAR JEEP TOURS" owned by Niewolny, Shane INDIVIDUAL, just filed not long ago 18 Mar 2008. So does it mean that every one has rights to create new designs with the word "Jeep" as long as that design is not filed in the uspto.gov by anyone?
I'm not sure if eBay will help as they always leave their hands off. They just don't care about small sellers and only want to avoid problems with big companies. I tried sending messages to the right owner based on eBay's contact message, but they just didn't respond.
But I know there's an appeal procedure thru eBay using the "Counter Notice" form:
**detail from eBay**
A Counter Notice is a form provided by eBay in compliance with the requirements of the federal Digital Millennium Copyright Act. The form is a legal document that requires you to, among other things, certify under sworn penalty of perjury that your listings were not infringing and were removed by mistake or misidentification. When you sign a Counter Notice, you will also have to consent to federal jurisdiction and service of process. Please read this form carefully, so you fully understand what you agree to if you choose to submit it to eBay.
Once a valid Counter Notice is submitted, eBay will provide a copy of the notice to the reporting party and will advise them that the listings will be reinstated after 10 business days if we do not hear from the reporting party that they have filed an action seeking a court order to restrain you from re-listing the items.
**end of detail**
But I'm just worried if I go thru this procedure, then that big company may take other legal steps and bring me lots of trouble. I'm not sure if they'll ask me for huge sum of money after they've gone thru some court procedure. I have no idea how I can fight with them with no money and no experience. I'd like to fight for my rights, but just can't afford the consequences if it turns out that I'll need to pay back a huge sum due to whatever reasons I may not understand. What's your suggestion what I should do now?
Anyone can advise what I should do now?
Many thanks. | 
