Copyright infringement accusation on my ebay listing... Please help!

Tunstallstoven

Hi

I just recently posted these products on ebay:

http://www.ebay.co.uk/itm/371005470253?ssPageName=STRK:MESELX:IT&_trksid=p3984.m1555.l2649

http://www.ebay.co.uk/itm/371005471400?ssPageName=STRK:MESELX:IT&_trksid=p3984.m1555.l2649

The owners/manufacturers of the product have contacted me (quite sternly it feels) to say that I have breached their copyright and must remove the ads. It has got me a bit shaken I must say! At the same time though I cannot see how this could be an infringement otherwise many things would not be able to be sold on things like ebay.

If anyone could help me on this I would really appreciate it.

I should add that in the listings there was a link to the company websites. I have just removed these in case they are part of the issue.

Many thanks

Max

PS - this is what I thought would be the most appropriate forum. Please move it if that is not the case. Cheers.

bxboards

Ignore them or tell them if they bother you again, you will consider it restraint of trade, and act accordingly.

A lot of big sellers seem to want to bully people off the market, and it's really not on.

Copyrighting silicon sealant... :mad:

usefulmale

Have you actually made the product yourself and had containers made up to look like the originals?

If not, tell them where to get off. The clue is in the first four letters of copyright.

kurgon

Seagull27 wrote: »

I should add that in the listings there was a link to the company websites. I have just removed these in case they are part of the issue
QUOTE]
From their T & C;


You may not create any link to this website without prior written consent, nor may you restrict or inhibit the use or enjoyment of it by anyone else.

Tunstallstoven

Thanks for all the replies. @kurgon, yes, I think that must have been the issue.

I'll let them know that I have removed the link (not the listing) and see what they say.

I would just like to check though whether anyone thinks I might already be in any kind of trouble for having the link there in the first place?

Cheers

centretap

kurgon wrote: »

You may not create any link to this website without prior written consent, nor may you restrict or inhibit the use or enjoyment of it by anyone else.

Google that and there are a number of sites with similar wording.

I wonder if they have given Google written permission to link to their site? :rotfl::rotfl::rotfl:

antrobus

Seagull27 wrote: »

...I would just like to check though whether anyone thinks I might already be in any kind of trouble for having the link there in the first place?....

No.

Refer them to the Court of Justice of the European Union Case C-466/12 Svensson v Retriever Sverige AB, (13 February 2014) which has ruled that making a link to a publically available portion of a website, such as this one,

http://www.barrysookman.com/2014/02/13/when-hyperlinks-infringe-copyright-svensson-v-retriever-sverige/?utm_source=rss&utm_medium=rss&utm_campaign=when-hyperlinks-infringe-copyright-svensson-v-retriever-sverige

is not a breach of copyright.

celestius

I was threatened with court action once - my fault as I was using their photo of the product (along with 1000's of others on Ebay).
Don't see what you are doing here that would attract attention though...

Kayalana99

Is that your own photo?

Tunstallstoven

Kayalana99 wrote: »

Is that your own photo?

Indeed it is.

Many thanks for all the help and replies.

CKhalvashi

centretap wrote: »

Google that and there are a number of sites with similar wording.

I wonder if they have given Google written permission to link to their site? :rotfl::rotfl::rotfl:

I thought that.

Doubt it's enforcable in light of the EU judgement above.

CK