posted on September 16, 2001 09:06:24 PM
I am not sure if you are aware that you are selling a product that is copywritten. My company xxxxxxxx has held a copyright on xxxx xxxxxxxxx out of ceramic since 1992 that are identical to these. Please let me know where you are getting these so I might
deal with the source if it is not us. Thank You xxxxx xxxxxxxx
So then I go into Ebay and do a search on this item and there are a coupla sellers that have them up for sale too. Could this be a competitor? Would this be considered Auction Interference??
posted on September 16, 2001 09:13:16 PM
What an excelent way to find out your wholesale source so I can compete with you. I wish I would have thought of that.
posted on September 16, 2001 09:22:13 PM
Ask for name, ph # and address of his company, so you can "tell " if it;s from him
Or no, then forward all info to safe harbor
Or tell him that you have a different source
If the name and address doenst match...
That's what I would do,
Cause Jim from Lanefamily just might be right...
posted on September 16, 2001 09:41:31 PM
I wouldn't reply to this person. I would send the message with the headers to Safeharbor and ask if this person was registered VERO with eBay, and if so why didn't this person go through proper channels.
This does sound like a way to find out who your wholesale source might be, or if this person does hold the copyright then I **think** to enforce it on eBay they have to be on record as VERO with eBay.
posted on September 16, 2001 10:28:37 PM
I'm a little confused here. It sounds, from your original post, that it is a ceramic widget in question here. If that is the case, then it is definately a scam by definition. According to the US Copyright Office (http://www.loc.gov/copyright/circs/circ1.html#wci), the definition of a copyright is:
Copyright is a form of protection provided by the laws of the United States (title 17, U.S. Code) to the authors of “original works of authorship,” including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works.
If this is a widget in question, it would never qualify for a copyright...it would have to be a patent. If I misunderstood and the item in question is a "work of authorship" rather than a widget, please disregard this entire post.
posted on September 17, 2001 08:33:11 AM
This is what I got this morning:
I am not a seller, I am the manufacturer and I do not sell direct to the consumer. I supply over 1500 retail stores including the
likes of Home Depot and Sears. I do not appreciate your tone. You might want to rethink your position. If you bought these
from me, one of my dealers or if they are used and made by me I have no problem. What I do have a problem with is that you
note they are new, which tells me another manufacturer may be infringing on my copyright. I have worked hard to create a
unique product and have every right to protect it. If they were not made by Nifty Nob it is a very serious legal issue and ebay I
am sure will be happy to comply. Forward this to whoever you like please include my comments as well. I have been in
business since 1992 and produce catalogs which state the copyright with the date which is enough in itself as well as the
NIFTY NOB name is a fully registered U S Trademark AND I hold specific trademarks as well. Furthermore there is a legal
term you might want to research called "Confusingly similar". I will not hesitate to pursue you as well if necessary. This was
a simple question..that did not require your combative tone.
posted on September 17, 2001 08:53:01 AM
Why not suggest that they do it right, Vero the item instead. If it's legit, you're in the wrong and opening the door to a lawsuit no matter what others may say.
posted on September 17, 2001 09:07:12 AM
Didn't Ebay win a major law suit brought against it by a company last week or the week before? The company tried to state that ebay sellers were selling it's copyrighted product on ebay and ebay did nothing to stop sellers from doing so (sorry I don't recall who the company was). This company also refused to take part in the ebay's VERO program of establishing compyright material. I feel the letter you received is in the same vane, I would pass the info onto ebay and continue on until you hear diffently.
I know that this lawsuit & ebay's request for it's additional stock sell-off came across the wire services on the same day. Perhaps you could search using that information.
posted on September 17, 2001 09:09:33 AM
Just a little background that came as a result of a Google search. They look legit, why not just answer their questions.
Nifty Nob
The Nifty Nob Company was founded in 1992 by Susan Zimmerman. She was remodeling her own kitchen and was looking for knobs in the shape of grapes. When she realized they didn't exist, she designed her own knobs using her art degree from Syracuse University. Soon family and friends began requesting shapes of their own and a company was born. Now, 6 years later, the Nifty Nob collections include over 400 designs, matching switchplate covers and hooks. They can be found in most Decorative Hardware retailers. Most collections are made of ceramic, but the collections are growing to include other mediums as well, such as Lava Rock, Glass and Solid cast bronze.
posted on September 17, 2001 04:16:48 PM
None of this makes much sense. Once you buy something it's yours to do with as you please. I have things I bought that I never used for one reason or another and I couldn't tell you where I got some of them. If I decided to remodel my kitchen and wanted to sell the old knobs it's nobody's business.
posted on September 17, 2001 04:30:57 PM
Is this person overlooking the fact that you might have bought it on clearance at the Home Depot and are just selling it on eBay?
I once had a Rep from a major manufacturer walk into my store and start questioning me on where I got a particular set of hats I was selling.
He told me I shouldn't have them ... figuring I had made them myself to sell. What he didn't count on was that I bought them from the local manufacturer, who they had licensed to make them.
If you bought them from a licensed source, send it on to SafeHarbor. I wouldn't worry about it too much.
BTW, my husband has an art degree. He has used it to run a very successful business since 1981.
posted on September 17, 2001 06:22:42 PM capotasto
As I stated in my post, I could not be sure as the item in question was not specified. However , the information I posted is straight from the copyright office. If that information is wrong, it is the US Government that is wrong not me. If my conclusion is wrong (and it may well be) each reader can decide that for themselves. It is my belief that every user is entitled to post their opinion on these boards which is exactly what I did. If you have an opinion which differs, I believe you are welcome to post it. But being as rude and inconsiderate as you were in your post is totally uncalled for.
posted on September 17, 2001 06:50:30 PM
Mrs. Santa Claus, my thoughts exactly. Once I buy something, I should be able to throw it in a garage sale, up on ebay, or take it to a consignment shop, (I sell clothes). Just because I am selling something, doesn't necessarily mean I have the skill to have created a fake one. (If you knew me, you would laugh your self silly at the idea!) Just means that I'm smart enough to know where to buy it dirt cheap, and where to sell it for more.
posted on September 17, 2001 07:25:01 PM
Well, I'm not a lawyer and I don't know all the rules and regs, but I did have a B&M for many many years and once about 15 years ago I was on vacation and saw the neatest "gadget" and decided I needed to carry it myself. I bought one because it had the manufacturer's address on it and so I contacted the manufacturer to see if they had a factory rep or a wholesaler that I could contact.
I received a very nice reply that said they only allowed their line to be sold through "authorized dealers" and I could make application to become an authorized dealer. The information required was a photograph of my store front, copy of my state sales tax ID, my EIN #, a certified letter from my bank showing I had a business account, a copy of my most recent profit/loss statement, and 5 references for manufacturers or wholesalers I dealt with. They really preferred I be D & B rated.
They also had very high minimum purchase requirements and I had to carry the entire line, not just the one item I wanted to carry.
If I had been in a larger area or had expected to do really well with it, I would have jumped through the hoops. I had done it before.
This manufacturer may be one of those that wants control of where and how their products are sold. I believe they can do that. At least as a NEW item.
From what I have gathered from your post, this person wanted the name of the place where you purchased them because you called them NEW. They wanted to make sure someone wasn't infringing upon their copyright or selling them for re-sale without authority to do so. If you have identified them as "Nifty Nobs" in your auction, they can call you on that.
