posted on May 1, 2001 09:58:01 PM new
What next? And no, this wasn't one of MY auctions.
We regret to inform you that your listing: XXXXX Shabby Chic XXXXX has been ended at the request of XXXX and Shabby Chic, a member of eBay's Verified Rights Owner (VeRO) Program, because they filed a sworn statement that your listing contains material which violates their copyright, trademark or other rights. In the interest of protecting all eBay members, we end such listings to avoid any association with potentially infringing or unlawful items.
In their notice to eBay, the rights owner indicated that they objected to your use of their trademark "Shabby Chic". The trademark holder may object that your use of its trademark creates the misimpression that your product was produced by the trademark owner or that you are endorsed by the trademark owner. The trademark owner may also object because it feels that your use of its trademark dilutes (reduces the distinctiveness) of its trademark.
We understand that sometimes mistakes can be made. If you feel that you have the right to use the mark "Shabby Chic", and that your item was ended in error, please contact the VeRO Program Member directly by emailing them at [email protected] If the rights owner agrees that you can relist your item, please have the rights owner email us so that we can allow you to relist. Please do not relist the item using their trademark
without contacting the VeRO member first to gain an understanding of why the they object to your use of the trademark, or to clear up any mistakes that have been made. If you are not able to come to an agreement with the rights owner, and if you believe that you have the right to use the term "Shabby Chic", please let us know by emailing us at [email protected].
We may be able to help you with a Counter Notice procedure. We also understand that even if your item is infringing, you may
have been unaware of that fact, and may have listed the item with the best of intentions. Unfortunately, even if this is so, you
still could face potential liability, so ending the listing is still necessary. Please review our Prohibited, Questionable & Infringing Items at:
http://pages.ebay.com/help/community/png-items.html and Why Was My Auction Ended Early By eBay? at: http://pages.ebay.com/help/community/png-endauction.html to learn more.
All Bidders have been notified and any associated fees have been credited to your account. **Keep in mind that listing of prohibited, questionable or infringing
items, or the re-listing of ended items without the approval of eBay, can result in your suspension from eBay. Thank you for
your cooperation.
posted on May 1, 2001 10:02:23 PM new
Well they do have a Trademarked name. Guesse they can restrict the use of it if it is no a true Shabby Chic item.
JB
posted on May 1, 2001 10:28:24 PM new
Something wrong.. I just did a search on "Shabby Chic" and came up with 5466 listings. I use the the wording all the time in my discription.
posted on May 1, 2001 10:28:59 PM new
What a concept! Just think...the first person to run out and claim ownership of about a dozen words: the two just mentiond, along with "rare", "antique", "L@@K", "WOW", "ram", "unique", "period", (along with a
few more that elude me at the moment) will be able to halt 99% of the auctions on eBay. Just think of the sales opportunities that will create!
Next thing you know, we'll all be listing items in Swahili because all the English words will be taken up by vero's.
posted on May 1, 2001 10:33:13 PM new
Hi,
I got the same info probably from the same place. From what I understand the Vero is comming from the well know queen of shabby chic. Can you trade mark a term. It would be like trade marking Gothic, County & Western, Deco,Retro and countless others. Where does it stop??? Is there someone here that has more knowledge on this type of trade mark???
posted on May 1, 2001 10:34:14 PM new
Interior designer Rachel Ashwell coined the term "shabby chic" to describe the decorating style she used in her home and client's homes. She also wrote several books on her design style (first was in the 80s). She is the one who has registered the trademark.
Seems fair to me...she originated the style and the name...she promoted it. Its her baby
posted on May 1, 2001 10:36:28 PM newSomething wrong.
Indeed, something VERY wrong.
It seems to me that any weenie that signs up with the VERO program, and claims ownership of ANYTHING, can go around having auctions yanked as they see fit.
And the most amazing thing is that eBay would allow someone to join the VERO program using something as generic as Shabby Chic.
posted on May 1, 2001 10:43:17 PM new
Reddeer...that is the whole point...she coined the phrase and style. In order for her creation to NOT become generic she has trademarked it and is obviously vigorously working to keep HER creation from becoming a generic term.
posted on May 1, 2001 10:47:58 PM new
Well good for her. I hope she takes great pleasure in stomping out the 5000+ auctions that show up each week on eBay, using her creation.
One would think she would be flattered?
I wonder how many trade marks Martha Stewart has on "phrases & styles".
posted on May 1, 2001 10:48:51 PM new
Rachel Ashwell pretty much invented the term "shabby chic" as it applies to a certain, very specific decorative style. She wrote three books (as Amy mentioned) with the phrase in the title, owns a chain of retail stores called "Shabby Chic," produces several lines of linens and other decorative objects under the name "Shabby Chic," and even has her own show (on HGTV) called "Shabby Chic."
If anybody has a right to trademark the name, it's her. I'm fairly certain that most of the thousands of eBay listings with the words "shabby chic" in the title are launched by sellers who are fully aware that they're capitalizing on Rachel Ashwell's shtick. I've done it as a seller myself.
Rachel
(but not Rachel Ashwell)
[ edited by RachelX on May 1, 2001 10:49 PM ]
posted on May 1, 2001 10:58:36 PM new
Reddeer...all those auctions can dilute the marketability of Ms Ashwell's designs and products. I don't see how she should be flattered by someone profiting from her creative talents.
Not much different from one of us complaining about another seller stealing our ad copy or pictures.
I have to admit I have used the term before too. i thought it was a generic term. Now that I know otherwise I will respect her ownership of the term and not use it anymore.
Anyways...I seem to remember a number of threads here at AW complaining about various terms that were overused in auctions...tems the posters BEGGED other sellers not to use. You know, terms like L@@K, Retro, SHABBY CHIC. Now all those posters may get their wish about the shabby chic one...it might become MUCH less common!
[ edited by amy on May 1, 2001 11:00 PM ]
posted on May 1, 2001 11:08:41 PM new
Yes, Shabby Chic has become a decorating style a term to describe this type of look or style just as many other before it. To name a few Disco, New Age, New Wave, Punk, Gothic these were terms that were never used before to describe a style until it came into fashion. So does that mean that you cannot use a term to describe a certain style like, Early America, Victorian, Southwestern, Homespun Country, Art Deco, Art Nouveau, Asian Style, Arts-N-Crafts, Country industrial, French country and many others.
I think this term Shabby chic has become the same as these others.
And as far as Rachel Ashwell she did put books out on how to find this stuff at flea markets and how to create it yourself and many people used this phrase and she has become very popular. What would have happened if no one used this phrase early on Nothing, its only now that its become a problem because of her product line of NEW and expensive stuff, which I find funny because that's not how I see shabby chic to be.
posted on May 1, 2001 11:11:41 PM new
So, does this all mean that Rachel Ashwell is a Shabby Chick? I would imagine that the ones that get their auctions closed by her will be calling her something worse.
posted on May 1, 2001 11:20:43 PM new
There is a craft person on Ebay who belongs to the VERO program that uses the phrase 'Shabby Chic'--but I don't know if they get items pulled that uses those words or the actual style of the craft
what was the item that got pulled??---seeing that it has been deleted we can't look it up
posted on May 1, 2001 11:26:37 PM new
Reddeer...oh dear!! Got to work on being more opaque!
Autumnwood...I think the difference is that she created the style by writing the books and defining it by that name. If she had called it "English cottage style" (which is very much like what she does) she wouldn't have been able to trademark it as that was already a generic term for a generic style.
Terms like Art Deco, Art Nouveau, Early American were applied after the style was developed...and applied by non-creators of the style. These terms refer to design periods...and design styles that were general styles.
posted on May 2, 2001 04:28:44 AM new
I just wish Chippendale, Sheraton, Hepplewhite and especially Duncan Phyfe were still alive to protect their trademark. If I see another 1940's item listed as a real "Duncan Phyfe" item, I may just find the VERO owner or relative and teach them how to stop those auctions. LOL
Personally, I dispise the "Shabby Chic" look. This Rachael and her followers are ruining alot of wonderful antiques to achieve this look.
However, I still wonder how someone who teaches people to create the Shabby Chic look won't allow them to refer to it as Shabby Chic.
posted on May 2, 2001 05:35:23 AM new
"I think the difference is that she created the style by writing the books and defining it by that name. If she had called it "English cottage style" (which is very much like what she does) she wouldn't have been able to trademark it as that was already a generic term for a generic style."
Very knowledgeable posts by Amy.
Generic or "merely descriptive" terms cannot be trademarked, but the coined term "shabby chic" can be protected.
If Rachel Ashwell did not protect it, then it would become public domain, as happened with "escalator" and "aspirin".
posted on May 2, 2001 05:48:08 AM new
"What a concept! Just think...the first person to run out and claim ownership of about a dozen words: the two just mentiond, along with "rare", "antique", "L@@K", "WOW", "ram", "unique", "period", (along with a
few more that elude me at the moment) will be able to halt 99% of the auctions on eBay. Just think of the sales opportunities that will create!"
And this isn't even a new idea. Quite some time ago on these very forums (in the good old days!), I contacted VeRO and laid claim to everything that starts with "H".
