Gumtree removed my ad

Pagemakers

I had an ad on Guntrree to sell a pair of my secondhand genuine Bose headphones.

Gumtree send me this and removed my ad. My question is can Bose prevent me from selling on my own headphones on a site like Gumtree?

Hi,

The 'Rights' owner of the item you're advertising has sent us an official signed document, asking us to remove your ad because it breaches their Intellectual Property Rights (copyright & trademark rights). We have strict policies about posting ads like this because of laws that protect the owner's 'Rights'.

Because of this, we've had to delete the following ad:

Bose Soundlink II Bluetooth Headphones

If you place this ad again, or ads similar to it, we may have to ban you from using Gumtree. We don’t want to place a restriction on your account, which is why we are asking you to comply with our policies. You can read more about this in our Terms & Conditions.

If you feel that we are unjustified in deleting your ad, or if you have any questions about the deletion of this ad, you can contact the owner of the Intellectual Property Rights directly on the following e-mail address:

Michelle Brownlee, Trademark Counsel, Bose Corporation
Bose@enforcements.markmonitor.com

We're more than happy to answer your questions, but since the ad was deleted at the request of the entitled party, it would be best if you contacted the owner of the Intellectual Property Rights as a first step.

Kindly view the link below if you want to know more about the collaboration between Gumtree and the owners of Intellectual Property Rights: gumtree.com/disclaimer.html

—Keith

bris

Bose can't stop you selling your own headphones no but Gumtree can delete your ad.


Bose will have a high counterfeit problem so Bose will put strict conditions on sites like Gumtree with legal action threats.


Gumtree are not targeting you specifically but will have software that looks for ads with restrictions.

naedanger

Pagemakers wrote: »

I had an ad on Guntrree to sell a pair of my secondhand genuine Bose headphones.

Gumtree send me this and removed my ad. My question is can Bose prevent me from selling on my own headphones on a site like Gumtree?

Bose cannot prevent you from selling your Bose headphones.

Did you only use your own text and images in the advert? (They can prevent you from copying text and images from one of their adverts.)

Pagemakers

I used my own text but a stock image. Maybe that's the problem.

Thanks

pinkshoes

Do you have some way to prove authenticity?

It is the same with GHDs, there are so many fakes that only so many people are authorised to sell genuine ones, so Gumtree do not allow these brands to be sold just in case...

naedanger

Pagemakers wrote: »

I used my own text but a stock image. Maybe that's the problem.

Bose are certainly legally entitled to ask you/gumtree to stop using one of their photos.

If you use your own photos (which I suspect buyers might prefer to see anyway, to help determine condition) then I don't think Bose would have a valid complaint. That said, they could still complain anyway.

Alternatively ask Bose or Gumtree what the problem was and see if they answer.

Pagemakers

I've asked gumtree and they say even with my own photo they can't allow the ad.

I've tweeted Bose and await their response.

naedanger

Pagemakers wrote: »

I've asked gumtree and they say even with my own photo they can't allow the ad.

Gumtree are essentially entitled to prohibit any adverts they wish. So if that is the reason you cannot really challenge it. (Have you checked to see if there are any other similar Bose items on sale through them. However even then Gumtree don't need to justify their practices to you.)

However Bose would have no grounds, as far as I am aware, for preventing Gumtree advertising your item, if Gumtree were willing to take your advert.

Pagemakers

Gumtree's reason for not allowing the re-publication of the ad is because of the notification they received from Bose and for no other reason.

naedanger

Pagemakers wrote: »

Gumtree's reason for not allowing the re-publication of the ad is because of the notification they received from Bose and for no other reason.

Unfortunately Gumtree are entitled to have that practice.

[Deleted User]

Lesson is to use your own photographs and text.

"Stock" photos show a brand new product and are misleading (as well as infringing copyright)

You should probably ask a friend or similar to sell your item with another account and photos of the actual item, otherwise you'll risk Gumtree blocking your account.