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

usefulmale

The devil is indeed powerful but resist! If you just ignore, they with either have to escalate to legal action, which I can't see happening, or just stop pestering you altogether.

fifeken

All quiet for over a week.

Is the OP in jail?

shaun_from_Africa

fifeken wrote: »

All quiet for over a week.

Is the OP in jail?

Only if it's one of those cushy jails with internet access for its guests.

Seagull27
Last Activity: Yesterday 9:58 AM

fairydiamond

Just wondering, did you actually tell them where you got the items from? They could check with their manager and maybe they would shut up?

I'm not saying you should have to do this, it just might make them leave you alone?

Tunstallstoven

I'm still alive and still have my freedom.... They have left me alone for the last week or so because the listing came to and end; but probably not for much longer. Some idiot won the auction on ebay but never paid/got in contact so I had to relist them yesterday. I'm awaiting their next message....

Yeah, I could explain it to them I guess. But their actions and attitude have left me little desire to do that. And what's more annoying is that if their product had not been crap in the first place, and had their technical department been willing to get involved with investigating the product defect, I would not have been given more of the product by way of compensation.

A company I shall most definitely be avoiding in the future!

lickybits

i have had this happen to me too.

but normally eBay removes the listings and tells me the reason i.e copyright infringement, the fact eBay hasn't or they haven't asked eBay begs me to wonder why?

leave the listings on until eBay removes them.

forgotmyname

Seagull27 wrote: »

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....

Respond to the breach of copyright as fair use advertising a product that you own.

Agree with them that they are entitled to compensation for goods sold. They were compensated when they sold the goods were they not?

Ask them how many times you have to pay for the same item when reselling it. Trade depot but it from them, Then resell to a builder, Does the builder need to pay the trade depot and the original company?
Then the builder charges a customer for it, Does that customer also have to pay the company also?

Tell them if they dont want the logo showing then they should remove the logo when they sell the product.

Tunstallstoven

Still not in shackles.... But have had a few more ebay messages from them. About one every other day on average. Mostly copy and pastes of prevous emails; although they have come up with a new one today:

"On the basis of your refusal to answer our questions on where you acquired such a large amount of our stock we can only deduce that this stock is stolen or maybe counterfeit. We are giving you one last opportunity to verify legitimacy today as failure to do so will leave us no option but to report this to the authorities including the revenue commissioners."

I guess I could just put them out of their misery and explain where I got them. But their attitude makes me feel like I don't want to do that and should continue ignoring....

RHemmings

antrobus wrote: »

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.




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.

Interesting discussion relevant to (and consistent with) this post can be found here: http://www.seqlegal.com/blog/product-photography-and-copyright-law

usefulmale

Seagull27 wrote: »

Still not in shackles.... But have had a few more ebay messages from them. About one every other day on average. Mostly copy and pastes of prevous emails; although they have come up with a new one today:

"On the basis of your refusal to answer our questions on where you acquired such a large amount of our stock we can only deduce that this stock is stolen or maybe counterfeit. We are giving you one last opportunity to verify legitimacy today as failure to do so will leave us no option but to report this to the authorities including the revenue commissioners."

I guess I could just put them out of their misery and explain where I got them. But their attitude makes me feel like I don't want to do that and should continue ignoring....

These jokers just get funnier with every message.:rotfl:

They don't know your name and address (they asked for it previously; I assume you didn't give it).

So now they are going to report you to the 'authorities'. In which area? And what the hell are 'revenue commissioners'? I can't see plod or HMRC dropping everything and looking into your 10 tubes of adhesive, can you?

On no account put them out of thier misery. I assume you have paperwork about how you came to possess the adhesive? If they ever do carry out these ridiculous threats, your victory will be even sweeter when you show that paperwork to the 'authorities'. Meanwhile, continue to ignore.