eBay Listing Removed: Trademark Violation - Unauthorized Listing Content (416941185) |
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Dear Lorindalynn
You recently listed the following item:
Albion Mother Of Pearl Enameled Figures Bracelet c. 60
The listing was removed because it violated eBay policy.
The rights of the owner or an agent authorized to act on behalf of the owner, Yuman Design, Inc., notified eBay that this listing violates intellectual property rights. When eBay receives a report of this type of violation, we remove the listing to comply with the law.
Your item was removed because of a request we received from VeRO participant, Yurman Design, Inc. / Yurman Studios, Inc., asking us to remove the item for:
- Listing(s) contains unlawful use of trademark (for example, an unauthorized use of stylized logo in written text).
For more information on why your item was removed, you should:
- Contact the VeRO participant directly at sspagna@davidyurman.com with your questions or concerns.
- Wait 7 days for the VeRO participant to reply to you. Although most VeRO participants are willing to respond to polite email, please know that they aren't obligated to reply.
Your listing was reported for using a logo that infringes on the rights owner's trademark
Using someone's logo without permission is against the law. It can also be misleading for buyers. Creating a logo that's similar to someone else's can also be a trademark infringement. If you include logos in your listing descriptions, make sure you're authorized to use them.
Turns out this company in question has a modern trademark from an expired mark from the 1960's. Plus this jewelry manufacturer makes only fine jewelry not costume like what I specialize in. I was not really mad at this point just really confused? You have me the little "Mom & Pop" vintage jewelry dealer being shut down by a multi million dollar company under false pretenses. My item was made by a Chicago based company that went out of business in the 1960's, what's a girl to do? Thank goodness I know a very nice Intellectual Property Attorney who wrote the below letter for me.
Subject: Attention: MC019 eBay Listing Removed: Trademark Violation - Unauthorized Listing Content (416941185)
Dear S. Sxxxx:
My client received a notice from e-bay that your company objected to her use of the ALBION mark as being a trademark violation. I am an intellectual property attorney in Minneapolis. When she just informed me of your company's position, I would have to say that I was a bit shocked.
The item listed was circa 1960 as a mother of pearl bracelet the ALBION mark on the back of each link. It is our understanding that this mark was used by Albion Manufacturing out of Chicago Illinois during the 1950s and 1960s. Please see the providing link as proof of this fact.
http://www.illusions.com/costumejewelrymarksa.html
Have you contacted the owner of this link for its alleged trademark infringement? Probably not.
I understand that your company owns U.S. Trademark Registration No. 2959204 for the mark ALBION that recites fine jewelry and precious stones as the goods in the registration. You must be aware of trademark law to report a "violation" to ebay about the listing, I must also presume that you are aware of the fair use doctrine. The seller has every right to list this costume jewelry bracelet as what it is marked, just as I can use the Ford trademark to sell a Ford truck. There can be no allegation that the mark is counterfeit as it was produced over twenty years prior to your companies declared to date of first use of January 1, 1996. Further, by no stretch of the imagination could one confuse costume jewelry for fine jewelry and precious stones.
What your company merely did was adopt use of an abandoned mark. However, that does not allow your company to cause others to cease using the mark as imprinted on the jewelry by the previous trademark owner. Otherwise how does one refer to the goods of the previous trademark owner?
The unfortunate consequences of your company's actions is that the seller is now incurring additional costs and fees because of your legally baseless actions. I would like to suggest that you contact your trademark attorney to discuss your company's position. I will presume once you have spoken to your attorney, you will remove the alleged "violation" with ebay and do everything in your company's power to remedy your company's wrongful actions.
Best regards,
A really nice friend
Thank you for your message. eBay has been notified that item #370416389811, seller: lorindalynn, should not have been included in the Notice of Claimed Infringement.
I did receive an reply from the VeRo representive, shown below.
Then an email from eBay:
MC012 eBay Notice - Listing Reinstatement
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Hello lorindalynn (homesteadgallery@comcast.net),
We have restored the following listing:
370416389811 - Albion-Mother of Pearl-Enameled Figures-Bracelet c. 60
It now appears as an ended item.
To relist your item, click the "Relist" link in the listing. The listing will restart automatically.
If there were any bidders for your item, we emailed them to let them know the listing for Item number 370416389811 - Albion-Mother of Pearl-Enameled Figures-Bracelet c. 60
was removed in error. We've also explained how they can find your item again if you relist it.
We're sorry for the inconvenience this has caused you.
Sincerely,
eBay Customer Support
H571
Guess what! They did not restore my listing but I didn't care because I did win one for all of the little guys. So this gets me back to the question of "Where's The Police When You Need Them?" Who needs to police VeRO? Here's the moral of the story, just because someone says its so, don't give up proving them wrong when you know you are right. On the other hand, don't say its so unless you are ready to show proof. If you got nothing more than an opinion then keep your mouth shut, that seperates the professionals from the not so professionals.