Trillion 0 Posted December 23, 2015 Hello guys. This morning, my Paypal account was limited and made unable to accept payments through Ebay due to an Adidas logo that was on one of the Playstation light bar decals that I sell there. I quickly removed this and was then told that several of my other items breach Paypal's policies. All of these items are being sold by several hundred other sellers on Ebay, which is why I'm irritated. Here's an example of an item that I was selling being sold by other sellers on Ebay: http://www.ebay.co.uk/sch/i.html?_odkw=quattro&_osacat=0&_from=R40&_trksid=p2045573.m570.l1313.TR11.TRC1.A0.H0.Xquattro+decal.TRS0&_nkw=quattro+decal&_sacat=0 I am a fairly small-time seller on Ebay, and have only recently started doing all this. How is it that some of these other sellers have sold these items for years without problems, but within a month or so I am told that I can't sell them? Have I just been extremely unlucky here? They tell me I need permission to sell these items, which is fair enough, but you can't make double standards for other sellers on Ebay, and realistically there's no way that these guys have sought out permission to sell all of these items. Has a competitor reported me to Paypal? I don't imagine that Paypal routinely scans Ebay for items they don't want people to be selling, and if they did they'd have imposed limits on all of the other sellers with the same items. A little advise? Thanks Share this post Link to post Share on other sites
bikemike 711 Posted December 23, 2015 You got nailed for selling copyright stuff. Count your blessings they didn't go farther. The rest? they will get it, maybe bigger. 2 Share this post Link to post Share on other sites
Trillion 0 Posted December 23, 2015 With so many other sellers selling the same items, I naively assumed it would be fine. Is there a channel I should go through if I want to sell the copyrighted/trademarked items? It just seems so odd that the other Ebayers have had no trouble for years and within a short span of time I'm having issues. I have no problem removing the items. I do have a problem with other sellers still being entitled to sell those items when I am not. Share this post Link to post Share on other sites
Trillion 0 Posted December 23, 2015 I have found the trademark for Quattro here in the UK: https://www.ipo.gov.uk/tmcase/Results/4/EU000019414 It states: Class 12 Vehicles and constructive parts thereof. Class 37 Repair and maintenance of vehicles. Does this cover stickers? Share this post Link to post Share on other sites
KYSIGN 233 Posted December 23, 2015 You sold copyright designs and got a slap on the wrist. You could have been sued and still may be. Your auction was probably reported for copyright violation by a competitor. Share this post Link to post Share on other sites
knucklehead 530 Posted December 23, 2015 PayPal, and Ebay, aren't good ole PP & E anymore. The 'powers that be' (new chinese owners), are basically going to dictate, who sells what. Just the beginning! Share this post Link to post Share on other sites
Trillion 0 Posted December 23, 2015 You sold copyright designs and got a slap on the wrist. You could have been sued and still may be. Your auction was probably reported for copyright violation by a competitor. How do I make the distinction between what is and isn't copyrighted? I don't see the little C by many of the logos. Can we focus on the Quattro one for a second? I've looked up the trademark database and it only states vehicle parts and repairs. A sticker is neither of these. When I looked up Playstation, they had several trademarks covering anything you could think of. So it should be fine to sell the Quattro decals, right? Share this post Link to post Share on other sites
jaybyrd 3,770 Posted December 23, 2015 Copyright and trademark are altogether different things. Since I am not an attorney I don't want to offer advice except to say if you recognize I promise you somebody already owns it. 1 Share this post Link to post Share on other sites
MZ SKEETER 4,709 Posted December 23, 2015 Ebay does not go searching for offenders.. Offenders are reported TO Ebay, And it is Ebays responsibility to protect the owners items by removing them from their site... Those owners have already produced to EBAY that they own the item brands. The brand owner reported you...You were in violation of infringement. http://pages.ebay.com/help/policies/programs-vero-ov.html http://pages.ebay.com/help/tp/vero-rights-owner.html Share this post Link to post Share on other sites
Trillion 0 Posted December 23, 2015 Copyright and trademark are altogether different things. Since I am not an attorney I don't want to offer advice except to say if you recognize I promise you somebody already owns it. I see. Do you guys only produce original content then? I'd like to hear from people who have sold decals like the ones I'm trying to sell and how they went about doing it! I just want to know what channels I should go through to make sure I'm in the clear when it comes to this. Here is a listing which has sold slightly more than the particular item that I was selling which features several of the apparent copyrighted logos and icons that I was selling, and MORE: http://www.ebay.co.uk/itm/2X-Playstation-PS4-Controller-Light-Bar-Decal-Custom-Personalised-Vinyl-Stickers-/181920799424?hash=item2a5b531ac0:g:6WkAAOSwwE5WU7ou So that isn't legal, right? Share this post Link to post Share on other sites
Trillion 0 Posted December 23, 2015 Ebay does not go searching for offenders.. Offenders are reported TO Ebay, And it is Ebays responsibility to protect the owners items by removing them from their site... Those owners have already produced to EBAY that they own the item brands. The brand owner reported you... It's definitely not that Mz Skeeter, because I had this problem with another item I was selling a few weeks ago and Ebay simply removed it and I haven't relisted it. This is Paypal specifically who have restricted my Paypal account receiving payments, and not Ebay. Share this post Link to post Share on other sites
MZ SKEETER 4,709 Posted December 23, 2015 what was the other item? And are you on a non US Ebay account? Share this post Link to post Share on other sites
Trillion 0 Posted December 23, 2015 what was the other item? And are you on a non US Ebay account? I'm in the UK. It was a sticker similar to 'THE NORTH FACE' logo but instead of saying THE NORTH FACE it would say THE NORTH WEST or THE NORTH EAST etc. I completely accepted that since all of the other listings were removed too. Share this post Link to post Share on other sites
MZ SKEETER 4,709 Posted December 23, 2015 well. You were still selling copyrights after you already got nailed for it...So you didn't stop selling infringed items... Well they stopped you now. Share this post Link to post Share on other sites
Trillion 0 Posted December 23, 2015 I've done a bit of research and as far as I can tell only trademark is applicable here, and not copyright, since trademark covers logos and slogans, and copyright covers other stuff. I'm not certain that all of these designs are in fact trademarked. Please see: http://smallbusiness.chron.com/differences-between-copyright-trademark-3218.html It refers to America, but I'm sure the rules are more or less the same here in the UK. Share this post Link to post Share on other sites
slice&dice 2,450 Posted December 23, 2015 I'm in the UK. It was a sticker similar to 'THE NORTH FACE' logo but instead of saying THE NORTH FACE it would say THE NORTH WEST or THE NORTH EAST etc. I completely accepted that since all of the other listings were removed too. If you take a well-known logo or trademark and alter it slightly in an attempt to circumvent the trademark protection laws, that will STILL lead to issues with the trademark owner. Share this post Link to post Share on other sites
MZ SKEETER 4,709 Posted December 23, 2015 Paypal UK can also have their own set of rules to abide by the rules of the UK financial systems.. and may be different than the rules that Paypal US has. Paypal UK has their own site. https://www.paypal.com/webapps/mpp/preventinglimitations Share this post Link to post Share on other sites
eashonk 24 Posted December 23, 2015 I would be very concerned about the fact that it was paypal and not e-bay that is stopping you because that means that they probably have access to your sales and banking transactions with paypal which could mean that they are getting ready to launch a law suit. It's pretty dumb to blatantly sell trademarked or violate a copyright on the internet, especially e-bay and especially using pay-pal where all the transactions are tracked. If you're going to break the law a strictly cash no advertising policy is the way to go you dunce. 1 Share this post Link to post Share on other sites
pshawny 410 Posted December 23, 2015 Ebay owns Paypal. They have the right to shut down one or both accounts at their discretion. Basically, if you are making a design with a popular brand name, company name, or product name then you are most likely violating a copyright or trademark. Just stay away from all of the "fun stuff" that everybody will recognize and buy because they already know what it is. Buying licenses to legally reproduce trademarked designs will cost you a good chunk of change. You would want to have access to 100's of thousands of dollars before getting into that business. The other sellers that are selling infringing designs will most likely get removed eventually. Building a business on trademark infringement is never a good idea. Stay on the straight and narrow and you will be around a lot longer than them. Share this post Link to post Share on other sites
Trillion 0 Posted December 23, 2015 I would be very concerned about the fact that it was paypal and not e-bay that is stopping you because that means that they probably have access to your sales and banking transactions with paypal which could mean that they are getting ready to launch a law suit. It's pretty dumb to blatantly sell trademarked or violate a copyright on the internet, especially e-bay and especially using pay-pal where all the transactions are tracked. If you're going to break the law a strictly cash no advertising policy is the way to go you dunce. There's no need to respond in such an aggressive manner and with such rubbish. There are several larger businesses operating on Ebay selling these stickers and as I've explained I naively assumed this would be fine for that reason. I am not arguing that there's an issue now that I've read up on it, I'm simply confused at why other, larger sellers are allowed to continue operating selling the same decals that presented an issue for me. Break the law? Calm down mate, not exactly selling Cocaine on Ebay am I? Share this post Link to post Share on other sites
MZ SKEETER 4,709 Posted December 23, 2015 It doesn't even have to be a recorded trademark or logo,,As long as it was made before you did it, it is copyrighted...So are photographs. I nailed a former forum member for stealing my original designs. It was copyrighted the day it was made. The day that file was saved to my computer, gave it a recorded date. .And more proof was when it was uploaded to EBAY That ad had a starting date... and photographs were from my camera. It doesn't have to be a famous name. I got them removed from Ebay, Etsy, Facebook and Ecrater Share this post Link to post Share on other sites
Trillion 0 Posted December 23, 2015 OK so the stickers are a no-go without permission. I appreciate that and have learned from the experience! The question is why have I been targeted but other sellers can resume business as normal?! Share this post Link to post Share on other sites
MZ SKEETER 4,709 Posted December 23, 2015 OK so the stickers are a no-go without permission. I appreciate that and have learned from the experience! The question is why have I been targeted but other sellers can resume business as normal?! Ask the company who reported you. They are the only ones who could answer that question.. They have copyright lawyers that look for this stuff all day long. That is their job.to protect the brand. Share this post Link to post Share on other sites
MZ SKEETER 4,709 Posted December 23, 2015 copyright infringement costs millions...and millions. The United States is waiting on this guy. http://arstechnica.com/tech-policy/2015/12/kim-dotcom-to-be-finally-extradited-to-the-us-new-zealand-judge-rules/ Last week a couple truck stops were shut down about 90 miles away.. for copyright infringement of many Sports team and other brands clothing being sold in them. Many are Federal cases here now... Share this post Link to post Share on other sites
Trillion 0 Posted December 24, 2015 Noted everything. Just a bit shaken and frustrated that's all. Time to work on some original stuff! Share this post Link to post Share on other sites