Ebay closed my auction...why?

Discussion in 'Budget Board' started by ceecee, Jun 15, 2004.

  1. ceecee

    ceecee DIS Veteran

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    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.
     
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  3. gary4jenn

    gary4jenn Mary Kay pays my way to Disney!

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    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
     
  4. swilshire

    swilshire DIS Veteran

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    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
     
  5. shame711

    shame711 Mouseketeer

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    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.
     
  6. momxx5

    momxx5 DIS Veteran

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    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.;)
     
  7. disneysnowflake

    disneysnowflake DIS Veteran

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    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.
     
  8. momxx5

    momxx5 DIS Veteran

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    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.
     
  9. maggiew

    maggiew DIS Veteran

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    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
     
  10. disneysteve

    disneysteve You have to enjoy life, not go

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    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.
     
  11. bethsg

    bethsg Mouseketeer

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    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!
     
  12. ceecee

    ceecee DIS Veteran

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    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.
     
  13. momxx5

    momxx5 DIS Veteran

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    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!
     
  14. disneysteve

    disneysteve You have to enjoy life, not go

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    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.
     
  15. drgnfly30

    drgnfly30 <font color=deeppink>Take my advice, never pay ful

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    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
     
  16. ceecee

    ceecee DIS Veteran

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    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.
     
  17. mrskay9

    mrskay9 Mouseketeer

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    How much do you want for the stamps!! Whatcha got?
     
  18. disneymom3

    disneymom3 <font color=green> I think I could adjust!! <br><f

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    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.
     
  19. BrianMonk

    BrianMonk <a href="http://www.wdwinfo.com/dis-sponsor/" targ

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    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.
     
  20. nicknamy1996

    nicknamy1996 Disney Junkie...

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    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..
     
  21. HappyMommy2

    HappyMommy2 <font color=green>He loves that Disney quasi-"futu

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    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:
     

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