posted on January 5, 2001 10:55:01 PM
My son desperately wanted one of these widgets, and we were both excited to find one for a "BIN" price that was about $10-$20 less than these widgets were typically going for. The seller had no negs, and 50ish positives. Excitedly, we bought it and used PayPal... my child emptied out his Christmas money into my purse.
The picture wasn't the clearest, so afterward I went surfing to various retailers to find the exact model. I found a page with an archive and history on these widgets, and could not find a match, even going back several years. (After examining several hundred different models of this widget, I now consider myself a widget expert...) I began to have my suspicions. I then noticed that only the model name was used in the listing, not the manufacturer's name. I checked the sellers feedback and purchased items, and it seems they more than likely purchased this widget on ebay from another seller very recently. Once I saw the other seller's listing, I knew this was a counterfeit widget.
I've already paid for the item, but haven't received an acknowledgement from the seller. At this point, I would like to know what my best recourse would be. I have not seen the exact widget, but seeing now that they left the brand name out of the listing, and only used the model name, (which I'm sure is trademarked) I'm 99% sure this is counterfeit, and if this is the case, I do not want my son to waste his money. Advice?? Any way to do this without getting a NEG? (I'm pretty much a newbie!)
posted on January 5, 2001 11:58:34 PM
I took a look at what I believe is your bid history and what appears to be the item you are talking about. You seem to have bought three of what you thought were that widget. 3? Does your child have three arms.
No, you are not the victim of a counterfeit. To be a counterfeit, the item would have to display the brand name, logo or other symbol making one believe it was the real widget. You have purchased a knock-off. Just like those dumb robotic dogs which were so hot at Christmas. There's a shortage of that dog, but there's other robotic dogs out there with 6 variations on the spelling of the name.
The seller did not advertise this was an X-brand widget. The seller did not display, in text, what brand the widget was at all. In the second picture of the widget the manufacturer's name is visible. I then used that name along with the product name and ran another search on ebay and came up with many being sold under that manufacturer.
With regard to your trademark comment. I noted that on the "real" widget there is no trademark symbol next to the product name.
In conclusion, you bought a knockoff. It was not misrepresented in the seller's text or photographs. You bid on and won exactly what was represented. You got overexcited and fell prey to what you thought was a great deal. This was my complaint about the BIN system. You noted that the manufacturer's name wasn't in the auction and you did your homework after the fact. You bought the item and now you should pay for it. Consider it a learning experience to do your homework or ask questions before placing a bid.
posted on January 6, 2001 12:25:51 AM
I had bid on 2 other widgets for my son. He got anxious, and when he found one with BIN, we chose to not bid further on the other 2. (We did not meet the reserve price.) I only purchased one. No, my child does not have 3 arms. Maybe you should have examined things more closely, as well.
So, does that mean that if I sell something (for example) like a "SoundBlaster" sound card, because I haven't used the name CreativeLabs, I'm ok if it's not authentic? That doesn't seem right.
The item does display the logo, of sorts, although it is the name of the model of the widget. That brand name you say is in the second picture, is the model of the brand name I was trying to buy.
Yes, I'm sorry I didn't do my homework. My son was extremely excited, and as a parent, I sometimes get caught up in the joy of my children. I still think this shouldn't be allowed.
Anyway, thanks for your support.
[ edited by krayonne on Jan 6, 2001 12:37 AM ]
posted on January 6, 2001 12:39:34 AM
The second picture displays the name of the product and immediately below that is the name of the manufacturer, all in the same area of the same picture. I used the manufacturer's name and the product name from the picture.
"I had bid on 2 other widgets for my son. He got anxious, and when he found one with BIN, we chose to not bid on the other 2. I only purchased one."
Actually, the bidder list for you shows as 3 won but the auctions show you never met the minimum reserve.
As for your Soundblaster comment... Where does this advertisement state it is Widget Brand? There's hundreds of sound cards out there which are Soundblaster compatible. I guess you bought a Widget X Compatible. They both perform exactly the same function.
Because your AW ID and eBay ID are the same, it has made identification of the Seller in question possible. The requirements outlined in the CGs as follows must be met before this discussion can continue.
1. Email the Seller with a link to this thread and the CGs, inviting them to join the discussion. This invite must be CC'd to [email protected]
2. Email your name, address and contact telephone number to [email protected]. (Because the Moderators do not have access to your personal registration information, this is the only way we can confirm this particular requirement is fulfilled).
The thread is then locked for 24hrs to allow the invitee time to consider participating. Provided the CGs are met in full, it will be unlocked after that 24hr period.
