I sell a product whose *universally* recognised name is a registered trademark (That doesn't meet TM requirements). The ones I sell are a competing brand so when I use the TM'd name in the item title, the TM owner gets ebay to remove the listings.
The entire range becomes unprofitable without the important key-word in the title.
RE: ebay item titles (In case you don't know) - They are where the ebay search engine looks for keywords searched for by potential buyers. If the word's not in the item title, they don't find my listings.
"Trade mark protection is only available for words which consumers would recognise as providing an indication of the origin of products or services. Once a word has entered common use, it may be used in relation to products or services offered by a range of providers."
I don't want to challenge the trademark, just get the owner to realise they're lucky to have it at all and could leave me to it! I don't mind other ebayers listings being removed, lol :)
2007-11-28 19:17:37 · 8 answers · asked by iRant 3 in Business & Finance ➔ Small Business
OK, sod it, I'll say what it is:
Jubilee Clips
I'm the only person I know who uses them and actually calls them "Hose Clamps". *Everyone* I know calls them Jubilee clips and that precludes the product from having a trademark... except they already have it and I can't afford to challenge them just for a few ebay sales - I just want to be able to sell the damn things as well as possible.
Could do with a bit of leverage, that's all.
Thanks for answers so far, true.
2007-11-28 19:52:57 · update #1
I'm afraid it's not an unwarranted removal you have infringed their copyright. You are saying these are Jubilee Clips and they patently aren't made by L Robinson and Co the legal owner of that name. By using that name you imply they are Jubilee Clips when they are in fact only Jubilee "type" clips
My suggestion buy some real Jubilee clips or speak to their marketing department and agree a set of words as they have the de-facto standard for worm drive hose clips.
2007-11-30 05:49:38 · answer #1 · answered by Neil 3 · 0⤊ 1⤋
If you paid with paypal, you are covered. Actually this refund is usually automatic when Ebay removes an item. However, if this is not the case, you file a claim through paypal stating what you have just told us here. Good example of why to pay using paypal, and a further note, Ebay is going to all-paypal payments so that will be the only option.
2016-03-15 02:34:50 · answer #2 · answered by ? 4 · 0⤊ 0⤋
Nice try. You may want to retain a patent and trademark attorney for assistance in this matter. Since you don't describe the item or give it's name, I'll have to side with E-bay on this one.
Just because Kleenex (TM, Kimberly Clark) has come into common use as a word for facial tissue does not mean you can use that word to advertise your product.
2007-11-28 19:22:57 · answer #3 · answered by Anonymous · 2⤊ 1⤋
Can't you write " Jub Hose Clamps ilee Clips?"
Or maybe write "jubilee clips" in the same background color so that it only shows up "mysteriously" through description searches?
However, too many attempts could get your listings removed (fees not refunded) or even a suspended account. Be Careful!
2007-11-29 06:35:20 · answer #4 · answered by Erika 3 · 2⤊ 0⤋
eBay is Judge, Jury and Executioner on this .. they decide how to follow their guidelines and that's that ..
I assume you are allowed 'TM' in the body of your auction, just not in the title ?
If the product comes in a very wide price range, have you considered 'bundling' the lowest priced TM item with your alternatives at the higher end = this would allow you to put TM in the title ..?
For example "Vacuum Cleaner with Hoover bag" would get around a ban on the Hoover TM in "Hoover equivalent Vacuum Cleaner"
(a bit of ingenuity can usually find ways around restrictions, - for example Microsoft only 'allows' a Media Centre License to be sold with 'hardware' - so vendors 'bundle' the License with a free Mouse ....)
2007-11-28 19:24:53 · answer #5 · answered by Steve B 7 · 3⤊ 2⤋
You COULD try contacting the VERO member for this trademark - but I have to say, I think you are unlikely to get anywhere. Sorry :(
2007-11-28 19:27:54 · answer #6 · answered by Sal*UK 7 · 2⤊ 1⤋
Do what everyone else does. List it a 'NOT' being productX.
Other than that you and eBay are stuck with following the law and listing it as 'NOT' being productX may still be a violation.
2007-11-28 19:26:00 · answer #7 · answered by Anonymous · 0⤊ 4⤋
A good place to ask questions about eBay, is on the eBay discussion boards.
2007-11-28 19:30:28 · answer #8 · answered by Nightworks 7 · 0⤊ 2⤋