Ebay: Keep Calm & Carry On Copyright violation!!

patman99

There is always Ebid.


Right, I'm off to TM the phrase ' Money Saving Expert', see you in court Mr Lewis.

Crowqueen

patman99 wrote: »

There is always Ebid.


Right, I'm off to TM the phrase ' Money Saving Expert', see you in court Mr Lewis.

Nope, the law applies everywhere on the internet, you can't get away with listing things that violate copyright law on eBid either.

They may not have an active VERO programme, but that's no excuse for breaking the law.

And I think Martin has probably copyrighted his own website name.

soolin

patman99 wrote: »

There is always Ebid.


.

I don't think ebid would welcome the suggestion that if ebay wish to stick to the letter of the law and refuse to allow something to be sold then ebid don't care and will allow anything to be listed.

Ebid need to get away from this idea that is where you go if you fail on ebay, ebid need to build a reputation up for its performance - not just as a last ditch resort.

ReallyFabCardsLtd

I have to say, I think to trade mark such a British slogan that was not originated by them is shameful. I think the UK government should intervene. Frankly, it is so much much of a saying now, I wonder how he did it - other than by not being challenged as no one would surely think someone would try to make money this way. We have had a poster pulled off ebay supplied by the RAF for goodness sake - and it is so much more than just a slogan. In any event, how will he manage to police it - the jeanie is out of the bottle which is no doubt why he is jumping on the band wagon. in my view, only original comments should be subject to copywrite and only then, for a good reason.

Regarding VERO, in simple terms, ebay will simply reply on the authority of anyone claiming a copyright and it it policed by the 'owner' of the copyright so it is mostly down to them to identify the listings. Once identified, they are removed. Simple as. However, this can be challenged directly to ebay, esp where seller compliance is impacted (understandably frustrating as a seller assumes the item has been reproduced with permission - or the owner should at least identify that the source is not an official one before removing.

The manufacturer should be advised for they can then confirm the position. However, as with the comments on a previous post, can't imagine a crown would ever be sanctioned!

And for those of you who have asked how it can be challenged - the answer is formally via the IPO and I suspect the UK government should be made aware. You can of course ask the remover direct. I suspect, as copyright is automatic, anyone producing images before this particular registration, could continue to do so.

Would be great to hear other suggestions.

Crowqueen

ReallyFabCardsLtd wrote: »

I have to say, I think to trade mark such a British slogan that was not originated by them is shameful. I think the UK government should intervene. Frankly, it is so much much of a saying now, I wonder how he did it - other than by not being challenged as no one would surely think someone would try to make money this way. We have had a poster pulled off ebay supplied by the RAF for goodness sake - and it is so much more than just a slogan. I am thinking of starting a petition on our website - any other ideas? In any event, how will he manage to police it - the jeanie is out of the bottle which is no doubt why he is jumping on the band wagon. Only original comments should be subject to copywrite and only then, for a good reason.

It's not illegal to register a slogan like this, it's not public property either.

It's like any other fashionable item, it's to protect their idea to make it into a money-spinner.

It's not like it was well-known before they had the idea to use it as a design on some items.

ReallyFabCardsLtd

It has been well known for some years now and used by lots of retailers since it was rediscovered. In fact, it was just registered a few months ago. And in view of its history and sentiment, I think it is public property.

pitkin2020

From Wiki,
In 2000, a copy of the "Keep Calm and Carry On" poster was rediscovered in Barter Books, a second-hand bookshop in Alnwick, Northumberland. Since Crown Copyright expires on artistic works created by the UK government after 50 years, the image is now in the public domain.[6

So surely its now public domain as the crown copyright has expired on it not transfered/sold. Basically then anyone could take something that was designed for the government but after 50 years register it for themselves when they didn't create it or buy it.

ReallyFabCardsLtd

patman99 wrote: »

There is always Ebid.


Right, I'm off to TM the phrase ' Money Saving Expert', see you in court Mr Lewis.

pitkin2020 wrote: »

From Wiki,
In 2000, a copy of the "Keep Calm and Carry On" poster was rediscovered in Barter Books, a second-hand bookshop in Alnwick, Northumberland. Since Crown Copyright expires on artistic works created by the UK government after 50 years, the image is now in the public domain.[6

So surely its now public domain as the crown copyright has expired on it not transfered/sold. Basically then anyone could take something that was designed for the government but after 50 years register it for themselves when they didn't create it or buy it.

A point well made - but as they have now copywrited the slogan itself (KC and C O), I guess that they feel the poster made all those years ago, which they did not design, cannot now be reproduced without their permission. However, I suspect existing manufacturers could continue to do as copyright is automatic.

pitkin2020

ReallyFabCardsLtd wrote: »

A point well made - but as they have now copywrited the slogan itself (KC and C O), I guess that they feel the poster made all those years ago, which they did not design, cannot now be reproduced without their permission.

Perhaps we should all start copywriting any old slogan!

I can only find statements that say he TRIED to trademark the slogan, I haven't found an actual trademark for it. It sounds more like he is putting in a complaint to ebay CLAIMING to have the trademark and instead of ebay ACTUALLY checking its true they are just removing listings that are being complained about to save any hassle.

Maybe someone else can find some actual evidence this is trademarked rather than just say so.

pitkin2020

http://www.ipo.gov.uk/types/tm/t-about/t-faq/t-faq-expired.htm seems you can register an expired trademark but on other sites its very conflicting as they state that once a trademark expires it becomes public domain so therefore is free from any copyright. There have been a lot of applications for using the phrase anyway but I can't find out if anyone actually has the trademark or not.

From a personal view point I don't think it should be allowed to be trademarked by anyone after it has expired, that goes for any trademark. It should either be handed down through the family/business or put into the public domain.