Diary of a Poor Person aged 46 1/2

mrscmr

SH ... pls come live in my house and talk sense to me....

night night all xxxx

savingholmes

mrs c pm me if you want and I will give you my phone number!

too_much_debt

fc123 wrote: »

Were they 'copies' of Umbro or the real thing from a wholesaler or were they your own design/make?
A main point in copyright is 'confusion to the customer' and the law about changing 5 things sort of holds unless the customer cannot tell the fake from the real thing. Hard to prove though.

I will confess to checking Ebay as we have had copies of my brand on there.....currently have some at the mo which she hasn't removed despite my reporting but she removed the tag saying 'same as *brand* but cheaper ''(:eek:) and I am now prepping a legal letter to her. If she doesn't remove then then I will threaten to sue her for breach of copyright. She doesn't seem to realise that making exact copies is against the law.

I did have a very large supplier copy of something we did last year and there about 30 sellers of the item on Ebay at the time and all got pulled when I reported the copyright breach. Some even linked to my own work to show the customer how identical it was.

You may find the brand has put someone onto Ebay and they are just clicking report item on anything similar...so you could appeal if your product is different. Hope that helps?

They don't say anything about Umbro, the label has a different name in, I'm thinking it is because it had the 3 Lions logo on, surely the Wholesaler is in the wrong too for selling them to me then. I have e-mailed asking if I can return the items for a refund (haven't mentioned they have been pulled on Ebay) hopefully they will let me and I can post them back tomorrow.

Just don't need this right now, surely Ebay should know that 99% of people wouldn't knowingly list something they shouldn't yet we get marked down for it. I e-mailed the guy at Umbro whose name was in the e-mail (it had his e-mail address) I said surely it would have been better to e-mail me using the 'Contact Seller' button asking me to remove them rather than reporting me and getting me into trouble, if I can't sell on Ebay I'm in real trouble. The stuff I have coming tomorrow doesn't have the 3 Lions badge on just says England and has a different looking badge but don't really want to try selling them just in case so will ask to send them back.

too_much_debt

Phew, that was lucky. Just noticed that only one of the original t-shirts had been pulled not the second one so have just ended that listing quickly, good job I noticed it otherwise I'd have had that one pulled too.

fc123

mrscmr wrote: »

im not here.. .this is a recorded message... but... not able to do a thing with car... it absorbed some neg equity in last car... bad move. stuck with it for the rest of my life.

Gutting....oh well..thinking of only the positive from tomo.....I reckon you can wipe the lot out in 3 years and keep hold of Cyprus. The income sounds good from it too...more than the mortgage?

You have the new Ebay shop which can only develop and your other work, the cutting back becomes really normal after a while. My OH jokes that he's turned into his Grandad.
The one thing I don't miss is eating out..not one bit and I used to love a curry on a Friday night or going out with freinds, We just entertain at home now and much better food and wine for a fraction of the cost. Just the washing up.

As long as DS1 is Ok, in a year he can start earning his own pocket money, cleaning neighbours cars and such like to buy his own treats. We put DD onto an allowance and includes her 'phone credit so she chooses whether to spend on texts or make up/clothes/junk food when out.

Our really good friends weren't bothered at all when we would say we couldn't afford to do big nights out and we just did something within budget.
One close one is looking forward to me moving back to London to our house (OH is back already) and said wow we can do xyz and I said only on a budget as I want to go MF now. She earns serious ££ (like £150 phr before costs) yet has a mortgage that she could clear in year if she chose to. She doesn't as likes hols and stuff.

savingholmes

hugs TMD - hope it works out tomorrow

fc123

too_much_debt wrote: »

They don't say anything about Umbro, the label has a different name in, I'm thinking it is because it had the 3 Lions logo on, surely the Wholesaler is in the wrong too for selling them to me then. I have e-mailed asking if I can return the items for a refund (haven't mentioned they have been pulled on Ebay) hopefully they will let me and I can post them back tomorrow.

Just don't need this right now, surely Ebay should know that 99% of people wouldn't knowingly list something they shouldn't yet we get marked down for it. I e-mailed the guy at Umbro whose name was in the e-mail (it had his e-mail address) I said surely it would have been better to e-mail me using the 'Contact Seller' button asking me to remove them rather than reporting me and getting me into trouble, if I can't sell on Ebay I'm in real trouble. The stuff I have coming tomorrow doesn't have the 3 Lions badge on just says England and has a different looking badge but don't really want to try selling them just in case so will ask to send them back.

The wholesalers are all at it...what did you pay? That would indicate whether it is allowed to use the England Logo....I think they have to pay for the rights to use it. The thing is the wholesalers sell loads of copies direct cash and carry then the stuff gets sold in markets, bootys and indie cheap shops.
Unless Trading standads in every town is on top of it, they can get away with it.

I had a call from a trading standards last week who was checking a new shop in her town to see if she was selling legitimate goods from me. She was. I found out the reason she did this was a rival retailer shopped her up out of spite yet she doesn't stick any hookey goods at all. Had she not had the spiteful report, they wouldn't do this.

The new EU copyrigt laws are really good now (esp for small people like me) so there will be a lot more cases going to court for copyright breach and clothing has always been a bit of a free for all.

Ebay had some high profile cases recently...did they win one and lose one? It is the responsibilty of the retailer to know whether goods are genuine or not. The legal bit is Ebay is like an agent but the courts argued that it was ultimately responsible for policing the goods sold on it's site.
Hence the report button
I have noticed much of the Chinese stuff seems to have gone.

AFAIAA all labels/brands check Ebay regularly so best to be on the safe side and not supply anything that you are unsure about.

fc123

too_much_debt wrote: »

They don't say anything about Umbro, the label has a different name in, I'm thinking it is because it had the 3 Lions logo on, surely the Wholesaler is in the wrong too for selling them to me then. I have e-mailed asking if I can return the items for a refund (haven't mentioned they have been pulled on Ebay) hopefully they will let me and I can post them back tomorrow.

Just don't need this right now, surely Ebay should know that 99% of people wouldn't knowingly list something they shouldn't yet we get marked down for it. I e-mailed the guy at Umbro whose name was in the e-mail (it had his e-mail address) I said surely it would have been better to e-mail me using the 'Contact Seller' button asking me to remove them rather than reporting me and getting me into trouble, if I can't sell on Ebay I'm in real trouble. The stuff I have coming tomorrow doesn't have the 3 Lions badge on just says England and has a different looking badge but don't really want to try selling them just in case so will ask to send them back.

What you could do is do a google of all the sports brands and see if the one you have is similar. Check out the legitamacy of using the 3 lions badge as I am 99% sure that no-one can use it. The union jack is different, I think anyone can use that.

too_much_debt

They were £3.50 a set, sold in packs of 6. I have asked them if I can return them for a refund, shouldn't think there would be a problem.

I looked at the website of the other Wholesaler whose stuff is being delivered tomorrow and those things don't have the 3 lions logo so I'm assuming they would be alright to sell although will ask if I can return them for a refund. One thing I ordered was tracksuit bottoms which just have England and the symbol that is on the 'Active' label, and also some t-shirts which have 'England' and a small St George's flag with one lion on (same symbol that is on the tag).

Wish I'd never bought the flaming things now, why didn't this happen yesterday early before I bought them.

too_much_debt

Sorry to hijack your thread mrscmr - I hope your son gets on OK at the hospital for his MRI scan.