ebay copyright infringement

miss_lisalou

I have checked ebay's Vero list and neither this product/company are even shown on there. Obviously I just don't have the sixth sense needed to know that I shouldn't have tried to list the item.

Taffy, there is one other seller with several of the same items listed, and they are obviously the manufacturer behind it who complained to ebay about me...clearly not wanting to lose a few quid on that one potential buyer who would win mine at a much cheaper price. Pure greed

StaffsSW

taffy056 wrote: »

But is it legal for a company to restrict you selling something that is yours, and not theirs? concert tickets are an example of stuff that should not be resold on, and I bet they have exclusions specifically in their terms about this, so unless its brought to the attention of someone at the point of sale, isn't that not legal ?

Yes it is legal, but morally unfair in a lot of cases.

Technically it is forbidden to resell second hand tomtoms - if you read the instruction manual there is an End User Licence Agreement which will state that the product is only to be used by the original purchaser, and can not be transferred. Admittedly TomTom do not really enforce this on most products, but do actively search for the mobile phone versions of the product being sold.

I've also dealt (briefly) with some suppliers and distributors who expressly forbid their products being sold on ebay, or at least only sold at a set price with no auctions.

toffe

i have had experience of this, only my case was worse than yours because the compnay claiming i was infringing their i.p. had no i.p. rights over my product whatsoever.

Basically it was Apple claiming that i could not sell a certain mp3 player which looked alot like their ipod, the problem here was that the item i was selling was on the shelves of woolworths, staples and several other high street retailers and still is today. (well not at woolworths obviously)

what Apple were claiming, Amazingly, is that i could not sell an mp3 player with a circular control button on it as they owned the i.p. for it. this was a lie, they only owned the i.p. for a touch pad control button (and they were being sued for stealing that technology at the time) mine was a press button control pad, the same thing you'll find on your sky tv remote, apple do not own any i.p rights or copyright for this arrangement of buttons at all.

but the fact is, if you get a vero report against you you get your listing pulled, no questions asked, ebay do not want to know, so it's unlikely you will be able to list the item again.

I tried to appeal the matter with ebay but it was a waste of time, i wouldn't mind Apple have a history of infringing others trademarks so any claim they make should, in my opinion, be taken with a pich of salt but money talks and thats the way of the world, ebay are much more affraid of the multibillion pound big boys than they are of you, so you lose, end of.

patman99

Someone I used to work with got his listing for a Burberry coat pulled, mind you, his starting bid was only 99p!!!!. He also had the same thing happen with a YSL coat, so I bought this from him for £2.00. Best bargain I've bought in years.

I also had this happen with an emporio armani watch, so I re-listed with a close-up of the makers mark, but made no mention of the actual name in either the title or the description. The auction ran it's course, and I made £50.

You just have to be crafty about your listings. Companies that look on ebay for their items do so by searching for them by make/name. So by not using the name or make, then their search will not pick-up on your item.

StaffsSW

patman99 wrote: »

So by not using the name or make, then their search will not pick-up on your item.

But neither will potential buyers...

mustrum_ridcully

stevew8975 wrote: »

Yes it is legal, but morally unfair in a lot of cases.

Technically it is forbidden to resell second hand tomtoms - if you read the instruction manual there is an End User Licence Agreement which will state that the product is only to be used by the original purchaser, and can not be transferred. Admittedly TomTom do not really enforce this on most products, but do actively search for the mobile phone versions of the product being sold.

I've also dealt (briefly) with some suppliers and distributors who expressly forbid their products being sold on ebay, or at least only sold at a set price with no auctions.

A lot of people are of the opinion that an EULA could be classed as an unfair contract under British law (including the National Consumer Council).

The Unfair Terms in Consumer Contracts Regulations 1999 (SI 1999 No 2083) provide that a term which has not been individually negotiated in a consumer contract is unfair (and hence non-binding on the consumer) if, contrary to the requirement of good faith, it causes a significant imbalance in the rights and obligations of the parties to the detriment of the consumer.

Whether they are right or not is upto the courts to decide.

Hughesy84

Companies can ask ebay to remove thier items if they dont want them on their! Most dont as it generates interest in their own sales.

Iv had it done with GHD straightners which I bought for £150 and had the receipt to prove it. I emailed the place it said but no reply!

miss_lisalou

But how can they have the right to do this? The manufacturer has already made their profit from the original sale of this item to myself/the buyer - how can they therefore then be justified in restricting an individual from selling-on that item, which they have purchased and now rightfully own outright? There is no contract that has been entered saying I agree not to sell this item on, so how are they seemingly managing to get around a loophole on copyright legislation?

mjm3346

e-bay have the right to decide not let you sell ...would they be bothered most by the loss of revenue from you or a large company?
Comes down to money and you don't count - nothing personal neither do I or any other individual.