eBay

theclassof1984 · ‎01-29-2013

Hello,

I make and sell Star Wars helmets and props. About a month ago, a Ebay buyer purchased a certain helmet from me and I noticed it for sale about a week ago. This fellow molded it and is making copies of my item. The proof is irrefutable, the guy even copied my logo and some small flaws.I am fairly certain this is against policy and I have reported it, although the person I spoke to didn't give me a whole lot of confidence in their understanding of the situation. Question: will I ever get a response from Ebay which ever decision they make, if any? It seems that as long as they are getting their fees, they don't seem to act much.

recped · ‎01-29-2013

Do you have a registered trademark on your logo?

If you do then join the eBay VERO program.

http://pages.ebay.com/vero/intro/index.html

"What else could I do? I had no trade so I became a peddler" - Lazarus Greenberg 1915
- answering Trolls is voluntary, my policy is not to participate.

Anonymous · ‎01-29-2013

Check with your lawyer on the illegal use of your logo. Why would you get mad with Ebay? Look after this yourself.

foliums · ‎01-29-2013

Hmmm...do you have licensing to make Star Wars Items? Or are you in violation of intellectual property rights?

nuvistors · ‎01-29-2013

OP: do you have a license to make starwars masks ?

nuvistors · ‎01-31-2013

OP: do you have a license to make starwars masks ?

We are still waiting for an answer !

mr.elmwood · ‎01-31-2013

How do you claim copyright infringement when you are infringing on a copyright that someone is copying off of you? Pot meet kettle.

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theclassof1984 · ‎02-01-2013

I don't have copyrights, but that isn't the issue here. Sort out your emotions for a moment before responding. The buyer copied my helmet which he purchased from me here on Ebay and is selling them now as his own. Never mind the copyright issue, that isn't the point. The helmet itself usn't copyrighted in the first place, and if anyone has followed the Ainsworth case in England, they would know this.

theclassof1984 · ‎02-01-2013

Where do you read that I am claiming copyright infringement? Instead of getting on the bandwagon, read more carefully. Are yo a lawyer? The helmet is not copyrighted.

pierrelebel · ‎02-01-2013

"The buyer copied my helmet which he purchased from me here on Ebay"

Where the helmet was purchased is totally irrelevant.

Your helmet could have been sold by you through a retailer, a newspaper or magazine advertisement, online, etc...

The problem is with your buyer copying it.

See a lawyer and have him stop the buyer from copying your item if it is that important to you.

eBay, as the venue you selected to advertise your product, has nothing to do with it.

pjcdn2005 · ‎02-01-2013

I don't have copyrights, but that isn't the issue here. Sort out your emotions for a moment before responding. The buyer copied my helmet which he purchased from me here on Ebay and is selling them now as his own. Never mind the copyright issue, that isn't the point. The helmet itself usn't copyrighted in the first place, and if anyone has followed the Ainsworth case in England, they would know this.

I can understand why that would bother you but unless you have a copyright on a product, isn't it legally allowed for others to copy it? Obviously it isn't ethical or right but I doubt that ebay will do anything unless you are the rights holder on that design.

As far as the Ainsworth case..that was in the UK and Lucasfilm lost that suit. However, they did win the suit in the U.S. so chances are that you are infringing on their copyright in North America.

http://www.bloomberg.com/news/2011-07-27/lucasfilm-loses-u-k-supreme-court-bid-over-stormtrooper-helmet.html

The company, based in Nicasio, California, filed the U.K. case after winning a $20 million judgment against Ainsworth in a Californ...