eBay and trademark violations

Wiley82

Hi i wasn't sure where to post this (didn't really want to use eBay's own forums) but just wondering if anyone can help or tell me how these things work.

I am an eBay top rated seller and today have had 2 listings removed saying it breached copyright law by WWE (i had seperate 2 listings with 2 wrestlers) yet nowhere advertised the WWE as a brand (like my sellers have done in auctions).

I've just looked at my eBay policy record and i'm still at medium and the only violation i have is 1 from a couple months back (which i admit i was stupid with).

These latest 2 violations (i don't think) haven't gone against my account which is the only thing i'm concerned about really (i lose my eBay business i lose my job), do eBay do that sometimes, remove listings but don't put it as a strike against your account?

Many thanks for your help.

techspec

Unfortunatley - the affect on your account me not be known until tomorrow - when ebay as updated. Or it may update when the seller ratings update (ie once a month).

This sort of offence is not uncommon.But i thought you were allowed ONE offence every 3 months, after which it resets. Hopefully, it won't lead to action.

I once bought a magazine - read it - and then put it on ebay. I received a strike for copyright infringement.

Unfortunately, its not usually the company themselves, its often a firm that acts as an agent to protect many companies - and they can be over-zealous.

simplydevine05

I had a trademark violation around 6 weeks ago and it did go against my account although I don't know how quickly it showed on my account. The silly thing was that like a lot of sellers on Ebay, I was selling a legitimate item and it was listed correctly. I followed Ebay's guidelines and sent a message to that particular company via Ebay to ask why they had thought I was selling something I shouldn't. Surprise surprise, no reply! I suspect, like another poster has said, someone decided to be particularly picky that day.
Like you I can't afford another hit so I made the decision not to sell this particular item via Ebay anymore.

Wiley82

Thanks for the replies guys.

I remember last time i got the violation it showed up on my account instantly and i would think all violations do (i hope it's that way any way).

I remember i got another violation last year and that never went against my account either, maybe it depends on the seriousness?

I actually make products (ie keyrings), so in this case i was offering a service of hand made products with 2 WWE characters which i clearly listed as unofficial.

As a business seller it really is diffcult abide by trademark laws though (espcially on eBay), if you sell anything i'm sure some person/organisation out there will think you are violating their trademark unless you are selling nuts and bolts

Even though they have been good to me, I cannot wait until i have my own website so i am less dependent on eBay.

Ambit_miffed

You can't reproduce images which are subject to copyright, even if you state it as unofficial. Wwe will hold all image rights to all their wrestlers and you can't reproduce this in an item you are selling unless you have their specific permission. Unless you have prior consent from wwe, you are breaking the law by selling those items