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View Full Version : Ebay closed my auction...why?


ceecee
06-15-2004, 11:00 PM
I listed some sunscreen (from a popular company) and Ebay took the auction off saying "the intellectual property rights owner notified them and it infringes their copyright or trademark" WHAT is that all about??? Is it the exact title of the product like "sun defense" or can't I sell it at all. Many had previously sold and now it looks like all the sun defense are gone. Other products from the same company are listed. I am afraid to relist because it said my account could be suspended.

gary4jenn
06-15-2004, 11:41 PM
I'd send an email to ebay and ask them! I had to send them an email about my sellers fees. I had a response w/in 24 hours

swilshire
06-16-2004, 05:29 AM
I was bidding on a Lands End blanket a year or so ago and the same thing happened. The seller said that Lands End had complained and apparently all auctions than mentioned their name were pulled.

You can probably relist and just leave off the name. If you include a picture, would that infringe on their copyright?

Sheila

shame711
06-16-2004, 07:37 AM
Did you use an actual picture of the product (from your camera) or did you use a picture off the web that the company had prepared? I see it all the time, but if you use their picture it could be considered copyright infringement if the company had the picture copyrighted (which most of them do). To be safe I always take a picture of the product with my digital camera.

momxx5
06-16-2004, 08:04 AM
That is too bad that happened. I can see the "infringement" of the company trademark coming up if you use the company's name or their pictures.

Do people really buy suncreen on the internet? I just cannot imagine. I guess I learn something new everyday.;)

disneysnowflake
06-16-2004, 08:27 AM
This kind of thing makes me mad.

I had a bunch of rubber stamps I bought over the years from those home parties.

I tried to sell them on ebay, but they got pulled. Apparently, the company who sells these items at home parties pays to have trolls watching auctions.

I was told they would rather have their customers buy from their company instead of buying from someone who already bought.

So, I am still stuck with those rubber stamps. I swore I'd never buy another item from this company and I haven't.

If I can spend a lot of money on items from a company I should be able to resell it anywhere and any time I want. If they don't like it then I'll not buy from them again.

momxx5
06-16-2004, 08:48 AM
I am sorry, but I am inclined to agree with what can and cannot be sold on a public forum. The original companies are in business to make money - they spend money on research, product developement, marketing, time etc and usually have a registered trademark. Why should other people be able to profit on their goods?

I know items are re-sold all the time - yard sales, thrift stores, etc but on E-bay, more than just the seller is profiting - Ebay, paypal, etc is getting a cut.

Obviously it is within this companies rights to have the auction closed down. I think most companies do not have the resources to police what is being sold on Ebay.

maggiew
06-16-2004, 08:51 AM
Originally posted by disneysnowflake
This kind of thing makes me mad.

I had a bunch of rubber stamps I bought over the years from those home parties.

I tried to sell them on ebay, but they got pulled. Apparently, the company who sells these items at home parties pays to have trolls watching auctions.

I was told they would rather have their customers buy from their company instead of buying from someone who already bought.

So, I am still stuck with those rubber stamps. I swore I'd never buy another item from this company and I haven't.

If I can spend a lot of money on items from a company I should be able to resell it anywhere and any time I want. If they don't like it then I'll not buy from them again.

I sold some rubber stamps on eBay awhile ago. They did pretty well too. But I didn't list names (like the home party name brand). But I just said, "Lot of birthday rubber stamps" and then described them in the auction. I also took my own picture.

Maggie

disneysteve
06-16-2004, 09:20 AM
Originally posted by momxx5
The original companies are in business to make money - they spend money on research, product developement, marketing, time etc and usually have a registered trademark. Why should other people be able to profit on their goods?

Obviously it is within this companies rights to have the auction closed down.

So do you think that nothing should be allowed to be resold? What about thrift shops, consignment shops, yard sales, auctions, etc. All of these places resell used items. Are they all violating the rights of the companies?

I think that once you buy something, it is yours to do with as you please as long as you aren't misrepresenting the merchandise or doing anything that makes the manufacturer look bad. If we ban the resale of used items, we would be buried in trash within a couple of years.

bethsg
06-16-2004, 09:28 AM
How many of us have sold a car in an advertisement in the newspaper. I agree if we paid for it, and we own it... the we can dispose of at our will, whether we choose to sell it, give it away , or trash it. It's called the American way!

ceecee
06-16-2004, 10:11 AM
I did use a website photo.....I'm just worried if I take my own and relist my acct will be suspended. This is $30.00 sunscreen and it is just too "oily" for me, but I know some people love it! HOW do you contact Ebay??? I must have spent 30 minutes trying to find an email address.

momxx5
06-16-2004, 10:27 AM
As I mentioned in my post....

Yes, items are sold at yard sales, flea markets, thrift stores. I know that Ebay is one big garage sale. However Ebay, paypal etc are all also profiting for the sale.

And because the action was shut down there obviously was grounds to do so - some sort of trademark infringement or mis-representation. Ebay just doesn't go around shutting down auctions they have reasons for doing so.

I don't want to debate the whole thing. I just wonder at what point is it unethical? People have been know to copy pages out of craft books for resale. Is that proper to do?

I know lots of people make money. Yes someone's trash is another man's treasure. Yes it is the American way and No we do not need anymore trash in the landfills.

I guess I'm just amazed at what people sell and how they represent their items. AND I know most people are honest and looking to see nice unwanted items and other are happy to buy them. Its the ones who feel so upset when they cannot pull a fast one. Not meaning the OP!

disneysteve
06-16-2004, 10:41 AM
Originally posted by momxx5
People have been know to copy pages out of craft books for resale. Is that proper to do?

No, duplicating copyrighted material and selling it is illegal.

However, cutting the pages out and selling them individually is fine. I've sold many ads from old magazines on ebay. Its only when you duplicate the material that you violate the law.

drgnfly30
06-16-2004, 10:49 AM
CeeCee - I'm pretty sure it was the company photo that you used that prompted the ending of your auction. You can email Ebay for specifics though.... I have had 2 auctions ended in my dealings with Ebay so I have read up a bit on the ins & outs. I'm an Longaberger consultant as well & I know for a fact that auctions that have pictures scanned from the LB catalog can be pulled for the copyright infringement rules.
I did have a current Stampin Up catalog posted that got pulled becuase they told me that I wasn't allowed to sell a catalog that people could then order from - even though I wasn't a SU consultant (my 2002 catalog sold without a problem) However, the rubber stamps confuses me... I recently sold all my Stampin Up products on Ebay without a hitch!
Good luck
Christine

ceecee
06-16-2004, 02:17 PM
Thanks Drgnfly: I really didn't know you couldn't use those types of photos, from now on I will take my own. I certainly am not trying to sell someone something unethical!!! It is new and I just can't use it....like a lot of other things people are selling. I did email Ebay to see what the reason was.

mrskay9
06-16-2004, 03:29 PM
Originally posted by disneysnowflake
This kind of thing makes me mad.

I had a bunch of rubber stamps I bought over the years from those home parties.

I tried to sell them on ebay, but they got pulled. Apparently, the company who sells these items at home parties pays to have trolls watching auctions.

I was told they would rather have their customers buy from their company instead of buying from someone who already bought.

So, I am still stuck with those rubber stamps. I swore I'd never buy another item from this company and I haven't.

If I can spend a lot of money on items from a company I should be able to resell it anywhere and any time I want. If they don't like it then I'll not buy from them again.

How much do you want for the stamps!! Whatcha got?

disneymom3
06-16-2004, 04:36 PM
I have sold a lot of stamps from the company I would assume you mean with no problem at all. In fact, I look for them at garage sales to resell!

Hmmm, interesting.

BrianMonk
06-16-2004, 04:39 PM
Yes, items are sold at yard sales, flea markets, thrift stores. I know that Ebay is one big garage sale. However Ebay, paypal etc are all also profiting for the sale.

Newspapers also make a profit off garage sales.

"Space" at flea markets is also commonly sold for profit.

Thift stores also take a cut to make a profit.

Maybe not a direct profit from a particular product in some cases, but a profit nontheless.

I don't think it's the fact ebay is making a profit that's the issue the auction got shut down but probably the listing that used copyrighted or other similar material.

nicknamy1996
06-16-2004, 04:57 PM
Originally posted by momxx5
I am sorry, but I am inclined to agree with what can and cannot be sold on a public forum. The original companies are in business to make money - they spend money on research, product developement, marketing, time etc and usually have a registered trademark. Why should other people be able to profit on their goods?


That is one of the most confusing posts I've read in a while. We are not talking about stealing their items and selling them nor are we talking about making items like theirs, naming them with the same name or even a similar name and then selling them. These item were already sold by the manufacture and they have made their cut. Whatever happens after that is our business..

HappyMommy2
06-16-2004, 10:52 PM
Interesting. I've bid at ebay many times and have seen all sorts of pictures, brand names, etc. in the product descriptions. I'd be interested to know what the actual rules are regarding this type of thing.

I'm also not understanding the idea that multiple parties can't benefit from the resale of goods. My brother recently advertised his Ford truck (and definitely used the word "Ford") in the local newspaper's "for sale" classifieds, and it sold. The newspaper clearly profited from the sale (ad fees), as did my brother. I can't imagine that Ford would complain. :confused:

robsmom
06-16-2004, 11:13 PM
could they be worried about tampering. You are selling an open bottle of their product. maybe they don't want to run the risk that you did something to it? although again the used car analogy that someone gave would make sense. the car makers don't know what you did to the car when you had it. bet it is the picture you used.

gopherit
06-17-2004, 02:55 AM
Originally posted by momxx5
I guess I'm just amazed at what people sell and how they represent their items. AND I know most people are honest and looking to see nice unwanted items and other are happy to buy them. Its the ones who feel so upset when they cannot pull a fast one. Not meaning the OP!

ITA! Not all ebay sales are bad -- many sales are quite honest and simply intended to unload something that may be of use to someone else. But there is also a very real edge to ebay that seeks to exploit. People have made careers on ebaying -- it's amazing -- and some much less honestly than others. Take, for example, meal vouchers for Disney. If Family X buys 10 vouchers and can't use 2, I think it's lovely that ebay exists as a forum for them to unload those. I aslo suppose it's acceptable if I buy one and then post it on ebay and folks who know about Hotwire but don't want to join are willing to pay an extra buck or two to buy it from me. Fair 'nuf. But then you see the auctions for "ebooks" telling people how to buy vouchers... even going so far as to encourage these people to buy vouchers for the purpose of selling them at inflated prices on ebay to make a buck! And what, pray tell , is in this fantabulous "e-book" of wisdom they are selling for 5 bucks a pop? The HTML address and instructions to join Hotwire! I look at some auctions and am just ill at not only what gets sold, but at how many people are buying. I think about the poor soul who just bid $25 bucks for a breakfast voucher, who soon will learn that even CRT is only 19.99 per head, most other buffets are 16.99, and that the person who sold them the voucher got it for only 18.25 and that they could have, too, if instead of typing the "disney meal voucher" search words into ebay they had typed them into their internet browser instead! Of course, if someone buys an ebook off these scam artists for the purpose of scamming others -- well, what goes around comes around and they get what they paid for.

Inthe case of the original poster and the sunscreen, sounds like more of the Family X scenario -- probably the product could be posted with no product namebrand and then be sold without ebay raising a ruckus. Ebay may have jumped the gun on her, or the company may have been burned in the past and has to take a very rigid stand -- no name-calling of their product on ebay, or no sales of it, period. One could easily envision a situation that would provoke that -- say someone gets their hands on last year's product at a discount, then sells it on ebay using the company name. Now someone buys that product -- and the product stinks to holy heck because the oils have gone rancid over time. Well, now that person thinks -- Jeez, Company x makes a crappy product. Bad press for Company x. Or what if the product makes the person break out in blotchy hives? Is Company X liable? It was after all their product. And in some cases of "name-brand calling" sellers are using the name as a selling tool and in fine print then admit they don't even actually have that product -- it's "like" that product.

claudia
06-17-2004, 08:17 AM
this will explain why your lising was removed.....please do not relist your item until you read through this, as more than likely you will be suspended for it.
http://pages.ebay.com/help/policies/questions/vero-ended-item.html

TJNKRISS
06-17-2004, 10:31 AM
Sounds like you copied someone elses ad like copy and past or a picture from another ebay ad .This will get you kicked off every time

mtblujeans
06-17-2004, 01:39 PM
What about all the Mary Kay or Avon Reps (or used to be Reps) that are selling on-line through eBay? Does that mean that the company just does not object? Or is it OK because they take their own pictures of the items?

I'm taking a look at your link....