Using product brand names in my eBay adverts
Discussion
Evening PH
Hoping someone with a bit of knowledge could help me with this.
I received a message from supposedly the manufacturer of items I have been selling on eBay, stating that I’m using their name and images in my eBay adverts. I have a few adverts for furniture i bought from a liquidation sale on eBay. The items are mostly display items, so none of it is classed as new, and the photos are my own (taken at my home of the product, with my phone camera).
This is just a little sideline to make a little extra cash, but this company is talking like they want to take legal action against me if I don’t remove the product name from the advert.
Do I have to comply? If I wanted to sell the tools in my van, could I get in trouble using Makita or Draper in the eBay adverts?
Any help with this would be much appreciated
Cheers
Hoping someone with a bit of knowledge could help me with this.
I received a message from supposedly the manufacturer of items I have been selling on eBay, stating that I’m using their name and images in my eBay adverts. I have a few adverts for furniture i bought from a liquidation sale on eBay. The items are mostly display items, so none of it is classed as new, and the photos are my own (taken at my home of the product, with my phone camera).
This is just a little sideline to make a little extra cash, but this company is talking like they want to take legal action against me if I don’t remove the product name from the advert.
Do I have to comply? If I wanted to sell the tools in my van, could I get in trouble using Makita or Draper in the eBay adverts?
Any help with this would be much appreciated
Cheers
DeanR32 said:
Do I have to comply? If I wanted to sell the tools in my van, could I get in trouble using Makita or Draper in the eBay adverts?
Sounds totally barking. If you're really not using their images, and not attempting to pass yourself off as being related to the manufacturer then surely no problem."For sale: Car, white, 2013, 30K miles. Not allowed to show photograph or name the make and model".
I had similar with Phillips a few years back. Selling some xenon bulbs and had a email from ebay saying Phillips had complained so i had to remove the listings, something to do with Intellectual rights ? or something along them lines. Of course i ignored the email and ended up getting banned for a week. Really was bizarre as when i checked many people were selling the same items and ive never had any problems ever since with any branded items.
Assuming they're relying on their trade mark, it's not just in eBay's guidance that you're allowed to call something by its name, it's the law: see section 10(6) of the Trade Marks Act.
The only restriction is that this is must in accordance with honest commercial practices. To do otherwise is still trade mark infringement. This only really tends to bite though when you're doing comparative advertising, e.g. "buy our anvils, Acme's are poor quality".
The only restriction is that this is must in accordance with honest commercial practices. To do otherwise is still trade mark infringement. This only really tends to bite though when you're doing comparative advertising, e.g. "buy our anvils, Acme's are poor quality".
I had something similar on ebay a while ago.
It was a fellow seller who sold similar items (the same items) at a more expensive price who reported me (& other selling the same items) for what he could.
among the list of things I was reported for were missuse of brand names, using other peoples photos (even though they had a piece of paper in the photo with the item containing the date and my ebay name) & using other peoples listings.
Eventually ebay decided it was time for a holiday and gave me a few week break from selling on there.
Touch wood its not happened recently.
Also on ebay but slightly different was a particular buyer who would report items so ebay removed them and then send a ebay message trying to buy the item for next to nothing.
He tried it with a few people who were selling model related items. He would message while the listing was live to complain about the listing and price so it was easy to put two and two together.
Ebay doesn't half seem to attract them and bring them out of the wood work.
It was a fellow seller who sold similar items (the same items) at a more expensive price who reported me (& other selling the same items) for what he could.
among the list of things I was reported for were missuse of brand names, using other peoples photos (even though they had a piece of paper in the photo with the item containing the date and my ebay name) & using other peoples listings.
Eventually ebay decided it was time for a holiday and gave me a few week break from selling on there.
Touch wood its not happened recently.
Also on ebay but slightly different was a particular buyer who would report items so ebay removed them and then send a ebay message trying to buy the item for next to nothing.
He tried it with a few people who were selling model related items. He would message while the listing was live to complain about the listing and price so it was easy to put two and two together.
Ebay doesn't half seem to attract them and bring them out of the wood work.
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