The Breitling Watch Source Forums

Breitling Watch Information Forums, Navitimer, Chronomat
It is currently Sat May 03, 2025 4:36 am

All times are UTC - 8 hours




Post new topic Reply to topic  [ 9 posts ] 
Author Message
 Post subject: Off topic but eBay
PostPosted: Wed May 18, 2011 7:55 am 
Offline
Breitling Enthusiast
Breitling Enthusiast

Joined: Thu Apr 09, 2009 8:43 pm
Posts: 62
Likes: 3 posts
Liked in: 0 post
Hi, I know this is a long shot and not really sure if I should put this in here but here I go :)

Trying to sell off my john ditchfield glass art collection on eBay (there like paperweights) well I have one that is like a john ditchfield but not. So in the eBay ad I've put "like ditchfield"

I've got an email from the ditchfield company today saying they will have it removed if I don't remove the ditchfield name!!!! Can they do this? I'm not trying to pass this off as a fake, it's just the best description I could think of to call it.

Anyway so my question is this. If I say something is "like" something can I be breaking trademark laws?

Thanks guys, didn't know anyone else I could ask and I know you guys are the best

Thanks, Jon


Top
 Profile  
Reply with quote  
 Post subject: Re: Off topic but eBay
PostPosted: Wed May 18, 2011 8:12 am 
Offline
Contributing Member
Contributing Member
User avatar

Joined: Sun Aug 26, 2007 6:45 pm
Posts: 1466
Likes: 0 post
Liked in: 0 post
Location: Kansas, USA
I wouldn't think that they have any grounds for their claim as long as you make it real clear that this piece ISNT one of theirs. They probably see it as a potential copyright problem and are trying to stop fakes. I would, very clearly, state (several times, very boldly) that this is in the style of Ditchfield.... but of a different maker. OR just list it as what it is.

_________________
Breitling Steelfish(black)
Breitling Steelfish(silver)
Panerai PAM 312
Bell & Ross BR03-92 Phantom
Steinhart BreitlingSource LE #5/15


Top
 Profile  
Reply with quote  
 Post subject: Re: Off topic but eBay
PostPosted: Wed May 18, 2011 8:22 am 
Offline
Breitling Enthusiast
Breitling Enthusiast

Joined: Thu Apr 09, 2009 8:43 pm
Posts: 62
Likes: 3 posts
Liked in: 0 post
Hi bronco,

Thanks for that, they are very keen at ditchfield as I've just got another email from them saying another of my listings needs to be changed as I have put "lazlo figure.lazlo used to work for john ditchfield"

Surely they can't have eBay remove that for using the ditchfield name, it's factual, lazlo did used to work for ditchfield.

Jon


Top
 Profile  
Reply with quote  
 Post subject: Re: Off topic but eBay
PostPosted: Wed May 18, 2011 8:51 am 
Offline
Wild Ling, You Make my Heart Sing!
Wild Ling, You Make my Heart Sing!
User avatar

Joined: Fri Apr 11, 2008 12:27 pm
Posts: 4302
Likes: 0 post
Liked in: 0 post
Location: Los Angeles
While they may not have legal grounds to remove your auction, these companies are usually set up as the trademark holder with ebay , and all it takes is a request from them and it will be removed.

_________________
-RJ


Top
 Profile  
Reply with quote  
 Post subject: Re: Off topic but eBay
PostPosted: Wed May 18, 2011 12:29 pm 
Offline
Breitling Enthusiast
Breitling Enthusiast

Joined: Thu Apr 09, 2009 8:43 pm
Posts: 62
Likes: 3 posts
Liked in: 0 post
Thanks everyone for the help on this issue, I think I'll change it if I can

Jon


Top
 Profile  
Reply with quote  
 Post subject: Re: Off topic but eBay
PostPosted: Wed May 18, 2011 8:43 pm 
Offline
King of Ling
King of Ling
User avatar

Joined: Sun Jun 29, 2008 11:14 pm
Posts: 1938
Likes: 0 post
Liked in: 0 post
Location: Australia
RJRJRJ wrote:
While they may not have legal grounds to remove your auction, these companies are usually set up as the trademark holder with ebay , and all it takes is a request from them and it will be removed.

:yeahthat
If it were me, I would tell them where to go, but ebay won't necessarily see it in strict legal terms.


Top
 Profile  
Reply with quote  
 Post subject: Re: Off topic but eBay
PostPosted: Wed May 18, 2011 9:26 pm 
Offline
All Roads lead to Breitling
All Roads lead to Breitling
User avatar

Joined: Sat Jan 09, 2010 6:01 pm
Posts: 8010
Likes: 3 posts
Liked in: 33 posts
Otto wrote:
RJRJRJ wrote:
While they may not have legal grounds to remove your auction, these companies are usually set up as the trademark holder with ebay , and all it takes is a request from them and it will be removed.

:yeahthat
If it were me, I would tell them where to go, but ebay won't necessarily see it in strict legal terms.



And now a northern hemispere lawyer weighing in - from a legal position their claim is pure bullshit. But they likely have an agreement with ebay that tries to ensure search results show genuine product only. Like Otta says, Ebay is a different animal. Like a platypus.

_________________
SHARKMAN


Top
 Profile  
Reply with quote  
 Post subject: Re: Off topic but eBay
PostPosted: Thu May 19, 2011 3:08 am 
Offline
Breitling Enthusiast
Breitling Enthusiast

Joined: Thu Apr 09, 2009 8:43 pm
Posts: 62
Likes: 3 posts
Liked in: 0 post
Had a live chat thing with a guy last night and he checked over the listings for me, he says they are fine and that eBay won't remove them. Will see how it goes and will keep you updated if there's any change.

Thanks again to everyone :bow:


Top
 Profile  
Reply with quote  
 Post subject: Re: Off topic but eBay
PostPosted: Thu May 19, 2011 6:49 am 
Offline
Breitling Connoisseur
Breitling Connoisseur
User avatar

Joined: Wed May 19, 2010 1:28 pm
Posts: 825
Likes: 0 post
Liked in: 11 posts
Location: Chicago, IL
sharkman wrote:
Otto wrote:
RJRJRJ wrote:
While they may not have legal grounds to remove your auction, these companies are usually set up as the trademark holder with ebay , and all it takes is a request from them and it will be removed.

:yeahthat
If it were me, I would tell them where to go, but ebay won't necessarily see it in strict legal terms.



And now a northern hemispere lawyer weighing in - from a legal position their claim is pure bullshit. But they likely have an agreement with ebay that tries to ensure search results show genuine product only. Like Otta says, Ebay is a different animal. Like a platypus.



Just so you know, I will be using "blank is a different animal. Like a platypus" the next chance I get.

_________________
--
sco
Breitling Chrono Superocean
Omega Aqua Terra 8500
Rolex Submariner Date Ceramic


Top
 Profile  
Reply with quote  

Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 9 posts ] 

All times are UTC - 8 hours


Who is online

Users browsing this forum: No registered users and 4 guests


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Jump to:  
 




Powered by phpBB® Forum Software © phpBB Group