posted on February 13, 2002 08:40:01 AM new
I have sold some fabric etc. on ebay that has the classic Burberry plaid pattern....I have not stated that they are Burberry, just that it is the Burberry style pattern. The items are small scale...$9-$20 in price. Today I got letter via FedEx from an attorney from Burberry...telling me to stop, asking me to send them the $$ I made, existing inventory, and tell them where I bought the product. Their attachment has a picture of the trademarked plaid, stating that this plaid cannot be reproduced. As nearly everyone knows this is a very trendy plaid right now, sold everywhere. This is so very strange as this plaid is sold everywhere from Target to WalMart, to who knows where. Wonder if they are cracking down on the bigtime stores as well. I have put a reply on their letter stating I don't have anymore stock as I don't, and letting them know I bought it at Joann's Fabrics....but I really resist sending these people the $9. from the attached auction sheet they included in the letter. Advice anyone???? I remember a crackdown a couple of years ago where Waverly was dumping on people for selling Waverly fabrics that were legally purchased, is this similar???
posted on February 13, 2002 09:03:09 AM new
I have seen other individuals bothered by large companies for selling product that might have a trademark infringment. I think cease and desist means stop selling (which is fine) but I think they have to sue you to get you to send them any money. I wouldn't give them a cent.
[ edited by ahc3 on Feb 13, 2002 09:03 AM ]
posted on February 13, 2002 09:20:03 AM new
Hi susiegirl, was this done through the ebay vero program, I am assuming that you do sell fabrics on ebay. I would think if you responded with what you wrote here, that this is the only one, it might even have been some you have left over from something personal you made, I am sure they will leave it alone. You do not have anymore to put up, I am sure you're auction will be watched. If they are subscribers to the vero program, I understand they have that right. Someone once wrote in that they received an email to stop, I wonder how they got your personal info. I was under the impression it can only be given out if you are involved in a transaction. That is why I believe they are vero participants.
Reenie
posted on February 13, 2002 10:30:08 AM new
Curious me - I went to Burberry website. Here's what their trademark policy states:
[i]We blow the whistle on counterfeiters
We have used the Burberry check since 1924 and it is registered as a Trademark throughout the world. Our Burberry name and equestrian knight Insignia are also registered trademarks.
Anyone who uses our name, our equestrian knight insignia or checks Identical or confusingly similar to our Burberry check without our Permission is counterfeiting our trademarks and will hear from our Lawyers.
18-22 Haymarket London SW1Y 4DQ
[/i]
So - what was the return address on the letter you received?
posted on February 13, 2002 11:46:49 AM new"Anyone who uses our name, our equestrian knight insignia or checks Identical or confusingly similar to our Burberry check without our Permission is counterfeiting our trademarks and will hear from our Lawyers."
When you say "coke" or "xerox" or "burberry pattern" everyone automatically knows what your talking about...even if it's not really a coca-cola product, or the copy wasn't done on a Xerox machine and the plaid or check is not really Burberry.
I think these companies should be flattered, but instead they do not like it used to describe anything but their product line! In all fairness, I suppose we really shouldn't describe something using a branded name if it isn't really a product from that manufacturer.
I would send them a letter back, apologizing for the inappropriate use of their trandemarked name and promise to never ever mention "Burberry" again even if it is!
As for sending the money, I'd act like I never read that part!!!!
posted on February 13, 2002 12:38:26 PM new
An eBay search for the word burberry yields 1,284 results. Funny they'd go after a $9 item when there are a lot of higher priced items.
Don't patents run out over the years? A letter from an attorney is not a letter from a court of law. Lawyers are bullies but everyone knows that there are no lawyers in Heaven.
posted on February 13, 2002 01:08:28 PM new
If you're not selling any more of this stuff, why would you need to respond at all? Usually, the less you say to a lawyer the better, especially if you're putting into writing!
posted on February 13, 2002 01:32:10 PM new
I hope I am not intruding. I do know about this since it has happened to some of my friends.
What you ran into is what eBay calls: Keyword Spamming.
When you access eBay's listing policies
http://pages.ebay.com/help/community/png-list.html
more than half way down you find:
(from the eBay site)
Terms and Conditions contradictory to any eBay Policy
*Misleading listing titles
*Key word spamming
Excessive use of key words, including (but not limited to) brand names, which are referenced for the purpose of attracting or diverting buyers to a listing will be considered key word spamming and is not permitted. Please "click here" for further clarification on this policy.
Policy: These types of listings are not permitted and will be ended. The insertion fee will be automatically credited for that listing.
"Click Here" takes you to:
http://pages.ebay.com/help/community/png-wordspam.html
which explains it further. The entire page is too long to include here but this part does refer to the situation at hand:
(from the eBay site)
However, some uses of other brand names may be considered by the owners of the relevant trademarks to be infringements of their rights. For example, use of phrases such as "Chanel-like," "Movado-style," "Gucci?," "Prada" (in quotes) or "This "X" brand bag has leather just like a Coach bag" will likely lead to increased scrutiny of your listing by rights owners and the implication that the goods you are offering are not authentic. In such cases, the trademark owner may submit a sworn statement to us concerning the alleged infringement through our Verified Rights Owner (VeRO) Program and request that your listing be ended early by eBay. For more information about our VeRO Program click here. We realize that many of you prefer to use a brand name for comparative purposes to best illustrate your item's particular style. However, we encourage you to first contact the trademark owner in question for their guidance as to what they consider to be permissible, before making any questionable use of a brand name.
****
In other words by stating Burberry style you have cashed in on the name Burberry and the Burberry style and reputation to sell your non-Burberry item.
While it might seem perfectly acceptable to use Kleenex, Xerox, Jello in our everyday verbal conversations when you start selling it is a different story. If you attempted to sell a 3M or Kodak Xerox (rather than copy) Machine someone is going to have a hissy-fit.
For the record it is a common practice on eBay. Most people don't think about what they are doing when they do it. We are only trying to describe the product not offend anyone. Many other trademark holders have cried foul. For Burberry's part by stating it is Burberry style they probably have concern that it is implied Burberry quality as well.
Not all that long ago TOMY was spewing threats to everyone who sold Pokemon products claiming the product must be counterfit even if you (as the seller) went to Japan yourself and bought them off the store shelf. Since TOMY couldn't (or wouldn't) prove that they weren't counterfit and unless you were willing to prove each was authentic, you couldn't sell them on eBay. Best we could figure is that TOMY America didn't hold the license to Pokemon and Pokemon was cracking down on TOMY.
For the most part the letter seems to be full of Huff & Puff in an effort to scare you out of your wits and never, ever do it again. I mean, what are you going to do? Hire a lawyer and fight it over a $9 item? Still I would attempt to verify the validity of the lawyer and ask eBay to explain why your address was provided to them.
posted on February 13, 2002 01:46:54 PM new
Respond
Thank you for your interest in my auctions. We will no longer peddle anything even remotely like your client's c**p in our auctions. I will gladly send you all of the fees we have collected from them if you will in turn send me all of your fees collected from your client to harass legitimate sellers like me.
posted on February 13, 2002 02:06:01 PM new
Someone asked how they got your address..hmm..maybe from someone trying to run you out of business? What was the return address?
posted on February 13, 2002 02:17:06 PM new
Did you sign for the FedEx letter or was it just left? If there is no signature, pretend you didn't get it and just ignore them until they have written proof you received one. They might just blow it off. Don't make it easy for them. If you did sign, ask them how they got your address and to provide proof that they are who they claim to be. But don't make it easy for them!
posted on February 13, 2002 03:47:26 PM new
this is a canned letter they sent out to many ebay sellers,i doubt if they will come after you anymore.
i have a question on folks who reproduce prints of alberto vargas,andy warhol?
how do they get away with it>or do they get a letter too??
posted on February 14, 2002 07:38:38 AM new
"this is a canned letter they sent out to many ebay sellers,i doubt if they will come after you anymore."
I'm not so sure. I googled "Burberry" and "copyright infringement" and came up with lots of stories from all over the world about Burberry aggressively pursuing their rights.
As far as paying hundreds of dollars for a lawyer to generate one letter, I've no doubt that someone came up with a list of auctions selling unauthorized items, eBay supplied names and addresses, and the whole shebang went through a word processor. Easy as pie.
If it helps, I was recently contacted by one of America's largest department stores and asked to remove the link to them that appeared on my AboutMe page. This wasn't even an auction; I was simply suggesting that if you need to use a credit card when buying jewelry, buy from ***** instead of us, because we don't do CCs. I removed the link and now the store is happy. Another example of something that seems harmless, but the store has every right to govern the use of its name. I learned something.
posted on February 14, 2002 09:20:12 AM new
REMEMBER AN ATTORNEY IS AN OFFICER OF THE COURT, ANYTHING YOU COMMUNICATE TO THEM CAN BE USED AGAINST YOU.
I personally feel you should not answer their letter at all. If they are truly interested in recouping the $9.00 you collected in fees it will be their responsibility to take you to small claims court and file suit against you.
I seriously doubt anyone would waste his or her time over $9.00. Again I would not respond. Toss the letter in the trash and forget about it or put it away some place “just in case you ever need it” but do yourself a favor do not respond to the communication.
posted on February 14, 2002 09:57:45 AM new
Well, where you got in trouble and brought attention to yourself is when you said the fabric was BURBERRY style. That's a big no no.
posted on February 15, 2002 05:36:18 PM new
An attorney is only an officer of the court if there is a case before a court that they are handling for the plantiff. This is undoubtedly a form letter created by a mail order diploma legal clerk or secretary.
I told the distinguished "officer of the court" representing my ex, largely along the same lines as suggested above, when he tried to weasel me out of my property. He wanted a set of dishes we got--I told him he could have them in exchange for my grandmother's engagement ring. I never heard from him again.
If you choose not to answer the bottom feeder, fine. If you call his bluff, he won't bother you. A thief in a three-piece suit is still a thief. Most thieves will not willingly get into a fight with someone who fights back.
