trademark violation

[downsizing2018]

I just had two items taken off ebay for copy rite infringements.

1.  Vancouver Olympic games 2010 ballcap ball hat NEW with tags velcro adjustable
2.  Vancouver Whistler Olympic games 2010 ball cap hat velcro adjustable

I am so confused, there is 1/2 million listing with olympics in the title - not sure what is the tradmarked word............can anyone help?

thanx

[a52split]

The word "velcro" is trademarked and heavily policed on eBay.  Any mention anywhere gets you a trademark violation from ebay.

Likely your caps don't have authentic Velcro brand straps. 

You will have to leave that word out.  Just call it adjustable.

[ichopshop · Accepted solution]

I think Hook-and-Loop Fastener is the generic term.

Ian

[downsizing2018]

You are awesome - thank you!!

[greenmangoes]

I did not know that either.  It would be nice if eBay explained it the way you did.  I learn so much from these forums.

[lotzofuniquegoodies]

@downsizing2018  tyler@ebay 

The issue is the apparently very naughty V word in your title. Had this happen to me also very recently. There appears to be no flexibility with this issue. As per my research if it is not licenced as  "V" you "could" use  Hook & Loop as a substitute acceptable variation. With the email there should be a link to clarify the concern. Have attached the pdf I receiving when trying to understand what the exact infraction was.

-Lotz

PS. My extreme apologies for using the "V" word to anyone i have offended.    

You can also cause problems by using the "at" symbol in a listing. Personally, major overkill but maybe that's just me.

[tyler@ebay]

Hi @downsizing2018 - sorry to hear there was confusion over why a listing was removed! I agree with other folks here that it seems like it was probably removed due to the term 'velcro' being used. 

Whenever something is taken down we try to provide as much detail as possible as to why. This goes doubly so for any trademark or violation of intellectual property (IP). In the emails we send for such a removal, we'll always make sure to tell you which rights owner reported infringement, and the best way to contact them if you have any additional questions or want to discuss with them the proper ways to represent their IP.

I've included a sample email with the details blacked out. The green circles are where you should look for contact info and which rights owner filed paperwork to have your items removed.  

Thanks for the tag @lotzofuniquegoodies!

 

[lotzofuniquegoodies]

tyler@ebay  @downsizing2018 

Hello Tyler,

Has there ever been any thought to instead of causing the listing(s) in question to be poofed out existence, giving the seller the opportunity to fix or modify so it will pass eBay's acceptable rules? Some listings take a fair amount of time to create and would save sellers the time in having to re-create from scratch, when possible.  Example removing the term "Velcro" and replace with Hook & Loop. This would also give the seller a much better understanding of any mistake they have made. Quite often the email a seller receives for any issues leaves them in total confusion and only adds to their frustration.

-Lotz 

[greenmangoes]

Totally agree!! The listings take a long time to prepare so it would be nice if we knew exactly what the problem is. I remember getting an email like that some time ago - I had no idea what I was violating so I just dumped the product and moved on.

[tyler@ebay]

Hi @lotzofuniquegoodies - I agree that giving fair warning would be much less painful to the members involved, and it's something we do for other listing violations.

However, the Verified Rights Owner program will always be a complete administrative removal of the listing. This is as part of our compliance with being served the legal notice of claimed infringement. 

[lotzofuniquegoodies]

tyler@ebay @downsizing2018 @greenmangoes 

Hello Tyler,

During the number of years of selling, I don't recall it ever being a warning. It's always seemed more like a firing squad mentality. Shoot first, ask questions later. For your average seller, it's extremely difficult to know all the rules and the rules have changed constantly and a number are definitely left up to interpretation. Ask a CS rep and they usually have to confer with several other reps/supervisors/database and possibly the Pope to confirm a correct response. Call back to confirm and you will get an entirely different answer. Most situations are caused by an honest mistake. Just suggesting this should be taken into consideration. It's really difficult to know all the words in the English language that are considered copyrighted.

-Lotz

Ahhh Rules:

[tyler@ebay]

Hi @lotzofuniquegoodies - reporting copyright and IP infringement through the Verified Rights Owners program is something that we take seriously. When we are served the paperwork by a verified rights owner we are required to comply with the removal request. Because we don't have a 'say' in the matter, the administrative removal is made versus any other type of notification.  

It can be daunting to be aware of all IP requirements - that's why we encourage all VeRO participants to create and maintain a page with their details. 

If you are running into situations where you are contacting CS regarding a VeRO removal and you are getting multiple answers that conflict with one another please let me know so I can review the interactions!