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

force_ten

I would say that posting a direct link to the product on their website was the problem

it could be seen as you using their website to increase sales of your items on e bay

if you use your images and have not cut and paste any info from their website or dont use direct links then you should not have anything to worry about

forgotmyname

They cannot claim the URL or a link to it in any way breaches their copyright.

As mentioned any search engine will find it. Its in the public domain. Like asking the council to remove the road name off your street signs.

Bit pricey though. If you sell at that price want to buy a pallet load?

Tunstallstoven

Hi again


I have received another email from the company. Is it ok to post it here for you guys to read (don't want to break any other "laws" by quoting their email/ebay message")?


Many thanks

bxboards

Seagull27 wrote: »

Hi again


I have received another email from the company. Is it ok to post it here for you guys to read (don't want to break any other "laws" by quoting their email/ebay message")?


Many thanks

Post it here - it'll give you more ammo for this to be public.

You are doing absolutely nothing wrong with your listing.

Tunstallstoven

OK, well in that case I'll post the first email they sent as well as the one they sent today...


"Re: Action Required

Dear Ebay Member,
We are the owners and manufacturers of the leading CT1 products.
It has come to our attention that you are using our logo, brand name, images and products for seller listings on ebay, without authorisation. This is copyright infringement and in violation of the U.K Copyright, Designs and Patents Act 1988
U.K Copyright law makes clear that any reproduction, distribution or display of a copyrighted work without authorisation from the copyright holder constitutes infringement. Copyright infringement is a strict liability offense: you are responsible for any infringing act on your account regardless of your intent.
We would like to advise you that in order to resolve this matter, we request for you to kindly remove your listings

Sincerely, "


That was the first one. Here's the second:

"It appears that you have not requested permission from us the manufactures of CT1 sealant to use our images and text which is copy written under European patent law. Although we imagine you have done this innocently the fact remains that you are in serious breach of copy right infringement and request you remove this advertisement immediately."


Look forward to your replies. And thank you very very much for the help.

King_Nothing

Me, I'd personally ignore them. I've never heard of something so ludicrous in all my life. Least I know never to buy or use CT1 if I ever need sealant now, lol.

usefulmale

Seagull27 wrote: »

OK, well in that case I'll post the first email they sent as well as the one they sent today...


"Re: Action Required

Dear Ebay Member,
We are the owners and manufacturers of the leading CT1 products.
It has come to our attention that you are using our logo, brand name, images and products for seller listings on ebay, without authorisation. This is copyright infringement and in violation of the U.K Copyright, Designs and Patents Act 1988
U.K Copyright law makes clear that any reproduction, distribution or display of a copyrighted work without authorisation from the copyright holder constitutes infringement. Copyright infringement is a strict liability offense: you are responsible for any infringing act on your account regardless of your intent.
We would like to advise you that in order to resolve this matter, we request for you to kindly remove your listings

Sincerely, "


That was the first one. Here's the second:

"It appears that you have not requested permission from us the manufactures of CT1 sealant to use our images and text which is copy written under European patent law. Although we imagine you have done this innocently the fact remains that you are in serious breach of copy right infringement and request you remove this advertisement immediately."


Look forward to your replies. And thank you very very much for the help.

They cannot stop you from photographing the product. Just about everything with an image on is copyright. If you are not copying anything they cannot touch you under copyright law. Notice that they haven't even mentioned legal proceedings. Ignore them.

King_Nothing

They wouldn't pursue legal proceedings, as it would be too costly for them, that's even if they could find a lawyer stupid enough to pursue it, they'd have to be able to demonstrate what damages they have suffered as a result, and since the items for sale have already been purchased from them themselves, it's stupid, they already have their money.

It probably will be the next threat from them though, but just like threats from parking enforcement companies, it'll be an empty threat, aimed at trying to get them to do what they want. Guy writing the message must have got his law certificate from the bottom of a corn flake packet. For the record; IANAL.

Tunstallstoven

OK, thanks all.... All good to to hear!


Perhaps I should add (just in case it changes anything, but I don't think it will) that I did not actually purchase the products. They were given to me by the Director of the C-Tec Eastern Diversion by way of compensation when I had an issue with using their product....


Cheers

bxboards

Seagull27 wrote: »

OK, well in that case I'll post the first email they sent as well as the one they sent today...


"Re: Action Required

Dear Ebay Member,
We are the owners and manufacturers of the leading CT1 products.
It has come to our attention that you are using our logo, brand name, images and products for seller listings on ebay, without authorisation. This is copyright infringement and in violation of the U.K Copyright, Designs and Patents Act 1988
U.K Copyright law makes clear that any reproduction, distribution or display of a copyrighted work without authorisation from the copyright holder constitutes infringement. Copyright infringement is a strict liability offense: you are responsible for any infringing act on your account regardless of your intent.
We would like to advise you that in order to resolve this matter, we request for you to kindly remove your listings

Sincerely, "


That was the first one. Here's the second:

"It appears that you have not requested permission from us the manufactures of CT1 sealant to use our images and text which is copy written under European patent law. Although we imagine you have done this innocently the fact remains that you are in serious breach of copy right infringement and request you remove this advertisement immediately."


Look forward to your replies. And thank you very very much for the help.

They are talking absolute rubbish - ignore it.

If you are sure this is coming from an official source I would actually be very tempted to escalate this, as what they are doing is an attempt at a restraint of trade, and could land them in hot water.

They either have a monkey for a lawyer, are completely incompetent or are just trying it on.

Just ignore it.