I just got an e-mail from eBay stating that my auction for the Vince cashmere sweater has been removed by eBay because "because the intellectual property rights owner notified us, under penalty of perjury, that your listing or the item itself infringes their copyright, trademark, or other rights.
We have credited any associated fees to your account. We have also notified the bidders that the listing(s) was removed, and that they are not obligated to complete the transaction.
If you relist this or any other similar items on eBay, your account likely will be suspended.
If you believe your listing was ended in error, or have questions regarding the removal of this listing, please contact the intellectual property rights owner directly at:
shop**style.com shopl*style@"
WTF?! I stated on the listing that I had bought the item from Shopl*style.com and that's it. This is copyright infringement?! Wow, I am really pissed off about this, I've shopped at that site a number of times and they actually have the time to go hunting eBay for people reselling second hand items?
It's also funny how eBay chooses to crackdown on this sort of non-violation and half the stuff for sale in their clothing and accessories section is of suspect authenticity.
And I am being threatened if I relist? I wonder if I can relist without mention Shopl*style.com?
ARGH!!!
-- Edited by Mia at 18:49, 2005-04-06
-- Edited by Mia at 18:50, 2005-04-06
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"Don't be cool. Cool is conservative fear dressed in black. Don't limit yourself in this way." - Bruce Mau
screw them. if they're going to get nasty over your promotion of them then they're idiots. relist it and don't use their image or their name at all. besides, enough of us are watching that sweater so you don't need their image anyway.
I'll let you know if they contact us asking us to remove the negative mention of them here... this happened with another company and I removed the post about them all together. I think they have some type of search-bot that looks for mentions of their company name on a daily basis - I think that's how your mention may have been found.
if you want, you can edit your post so you don't give them more free impressions on stylethread!
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"Fashion can be bought. Style one must possess." ~ Edna Woolman Chase
So...If I relist without the sample pic from their site and without mentioning their name, it should be OK? I am just worried because of the warning that I may be suspended if I relist.
Over the past year or so, I've probably spent in the neighbourhood of $1000 at that site, and now I will never (it'll be a cold day in Hell) buy anything from them again. How absolutely petty - in no way was my auction threatening them or their business or fraudeulently claiming any kind of connection. What a joke.
Detroit - do you know any lawyers? There are ways to badmouth people/companies that don't contravene libel laws etc. - I have to say that, even not counting this incident, i HATE the legal strongarming of the little guys that occurs on the net.
I am going to go and try to find out how to relist the sweater.
__________________
"Don't be cool. Cool is conservative fear dressed in black. Don't limit yourself in this way." - Bruce Mau
quote: Originally posted by: Mia "So...If I relist without the sample pic from their site and without mentioning their name, it should be OK? I am just worried because of the warning that I may be suspended if I relist. Over the past year or so, I've probably spent in the neighbourhood of $1000 at that site, and now I will never (it'll be a cold day in Hell) buy anything from them again. How absolutely petty - in no way was my auction threatening them or their business or fraudeulently claiming any kind of connection. What a joke. Detroit - do you know any lawyers? There are ways to badmouth people/companies that don't contravene libel laws etc. - I have to say that, even not counting this incident, i HATE the legal strongarming of the little guys that occurs on the net. I am going to go and try to find out how to relist the sweater."
yes, you should be ok relisting without their pic or using their name. I think the biggest problem they had was using their copyrighted image - and frankly, more and more I am beginning to understand that because of stylethread... They dropped a nice amount of cash to have their merchandise photographed then paid someone to post it on their site. They didn't spend that money to help you make money, or cause them to lose a sale by someone buying the sweater from you at a discount vs. buying the sweater from them... see what I mean?
regardless, they were in a way getting advertisement from you too, but it's up to them if they want to exercise their rights.
" I am just worried because of the warning that I may be suspended if I relist." did they say the warning was if you relisted that item or relisted using the copyrighted image? I would imagine that you would be totally fine relisting without using their image or store name. If you want to make sure, contact eBay and confirm with them - but I think the picture is the problem.
I don't really think there is any thing the company can do about freedom of speech in badmouthing. Now that I think back, when I contacted it was because... here's the email (modified - the guy was not from a company named stupid ass nor is his site stupid ass, but I couldn't think of a better name for his product)"
"I am writing about a post at your forum, "what do you think?" regarding our product, StupidAss™.
While we appreciate the notice taken of our product and the link to our site, we do object to the extensive copying of our copyrighted material that is included within that forum post. It would not trouble us so much if one element or some text were copied, but "detroit" copied our entire homepage (and badly, at that). Our actual homepage can be seen at StupidAss.com I do ask that you remove the "copy" of our homepage from your site. If you have any questions about this, please feel free to contact me. Thank you.
Ira Dolt, President
StupidAss™
so, as you can see it wasn't so much the context (I didn't say anything negative) they just didn't like the form in which I publicised their stupid ass product. It's their copyrighted material they didn't like me using...
-- Edited by detroit at 19:19, 2005-04-06
-- Edited by detroit at 19:20, 2005-04-06
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"Fashion can be bought. Style one must possess." ~ Edna Woolman Chase
I could definitely understand (and yeah, it probably was the pic, I didn't think of that at first) IF this sweater was still for sale but it's from last year and long gone from their website!
A seller I was buying perfume samples from recently had all her auctions suspended by eBay because of some very minor rule infringement - it just does kind of grate that their so faux-concerned about this sort of thing. Why are half the designer handbags they're listing fakes? They've got their priorities all mixed up!
Anyway, I am gonna relist and will post the link here in the eBay section.
__________________
"Don't be cool. Cool is conservative fear dressed in black. Don't limit yourself in this way." - Bruce Mau