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

Tunstallstoven

Thanks for all the replies (and laughs!!!)....

The messages keep coming and are becoming a little more threatening:

"Under the copyright, designs and patents act 1988 paragraph 17 section 1 and section 2. You are in serious breach of copyright by taking an image of our logo, device, design and text and as owners of the copyright we are entitled to compensation for goods sold. In addition can pose an injunction on you for future breaches. We need your name and contact details."

The unanimous opinion of the replies here have left me unworried. But I must admit that I am starting to feel quite "harassed" by them....

RainbowDrops

I think it's time for you to seek some professional advice, rather than the pseudo-legal advice some strangers on the internet can give you.

Maybe try CAB, or if you know someone who works in this field of law.

EssexGirl

Speaking as someone who knows practically nothing about "legalese"!! The messages you have been sent sound awfully like the spammy scamming emails used to get contact details out of not so savvy people.
Perhaps they are not from this company at all, just after your details? It might be a new twist on the scam that isn't well known yet?

jeddentad

found a couple of links that may lend some information for you:

'Company: Taking Pictures of Our Product Is Copyright Infringement'
http://pubcit.typepad.com/clpblog/2006/10/post.html

'Fighting an eBay VERO Takedown'
http://www.rickdrew.com/fighting_ebay_VERO_DMCA_takedown.htm

and then, for some fun reading, there's the Alice Starmore ebay saga:
http://www.girlfromauntie.com/journal/the-alice-chronicles-part-one/
(sorry, I see girl from auntie doesn't seem to have ever copied over the rest of the saga, which is too bad because it includes quite broad interpretations of what is copyright on the behalf of the copyright holder)

antrobus

Seagull27 wrote: »

..."Under the copyright, designs and patents act 1988 paragraph 17 section 1 and section 2. You are in serious breach of copyright by taking an image of our logo, device, design and text and as owners of the copyright we are entitled to compensation for goods sold. In addition can pose an injunction on you for future breaches. We need your name and contact details."
...

Actually it's sub-sections 1 and 2 of section 17 of the Copyright, Designs and Patents Act 1988 (the author clearly doesn't even know how to cite statute:)).

Quote s1(1) of the Copyright, Designs and Patents Act 1988 back at them...

Copyright is a property right which subsists in accordance with this Part in the following descriptions of work— (a) original literary, dramatic, musical or artistic works,
(b) sound recordings, films or broadcasts, and
(c) the typographical arrangement of published editions.


... and ask them under which heading they believe a tube of CT1 sealant falls.

jeddentad wrote: »

....'Company: Taking Pictures of Our Product Is Copyright Infringement'
http://pubcit.typepad.com/clpblog/2006/10/post.html

....

Of course that refers to US law. But you could equally well argue that taking a picture of a product for the purposes of resale was fair use under UK copyright law.

samsmoot

Seagull27 wrote: »

We need your name and contact details."

So they don't even know who or where you are? Sounds like another opportunity for a bit of fun - you could supply them with a name and address.

usefulmale

What email address are these shysters using? Can you give us the name and address of the company? What they need is a court order for ebay to reveal your info if they are serious.

bsms1147

Time for us to flood eBay with CT1 sealant.

Tunstallstoven

Once again, thanks for all the replies, the helpful info, the links, etc etc.... Very much appreciated.

RainbowDrops wrote: »

I think it's time for you to seek some professional advice, rather than the pseudo-legal advice some strangers on the internet can give you.

Maybe try CAB, or if you know someone who works in this field of law.

Is that because you think there might be some validity in their claims???

usefulmale wrote: »

What email address are these shysters using? Can you give us the name and address of the company? What they need is a court order for ebay to reveal your info if they are serious.

They are all messages through ebay. I'm happy to give the name and address of the company so long as I won't be doing anything wrong in doing so (see, they've got me all paranoid now!)...

usefulmale

Seagull27 wrote: »

They are all messages through ebay. I'm happy to give the name and address of the company so long as I won't be doing anything wrong in doing so (see, they've got me all paranoid now!)...

OK, so what is the ebay user ID they are using? Have I mis-understood because I thought it was solicitors contacting you via email? I wanted the name and address of the solicitors. I doubt that any solicitors would create an ebay user id to pester a seller. If its just a ebay user id and ebay messages, thats even more reason to ignore.