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Author:  Roadkilled [ Wed May 18, 2011 7:55 am ]
Post subject:  Off topic but eBay
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
Author:  BroncoSport [ Wed May 18, 2011 8:12 am ]
Post subject:  Re: Off topic but eBay
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.
Author:  Roadkilled [ Wed May 18, 2011 8:22 am ]
Post subject:  Re: Off topic but eBay
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
Author:  RJRJRJ [ Wed May 18, 2011 8:51 am ]
Post subject:  Re: Off topic but eBay
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.
Author:  Roadkilled [ Wed May 18, 2011 12:29 pm ]
Post subject:  Re: Off topic but eBay
Thanks everyone for the help on this issue, I think I'll change it if I can

Jon
Author:  Otto [ Wed May 18, 2011 8:43 pm ]
Post subject:  Re: Off topic but eBay
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.
Author:  sharkman [ Wed May 18, 2011 9:26 pm ]
Post subject:  Re: Off topic but eBay
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.
Author:  Roadkilled [ Thu May 19, 2011 3:08 am ]
Post subject:  Re: Off topic but eBay
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:
Author:  sco [ Thu May 19, 2011 6:49 am ]
Post subject:  Re: Off topic but eBay
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.
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