Did I infringe on a trademark?

Stinsok · #1 05-18-2009, 01:28 PM

I got an email from ebay today stating they had removed a link to an auction that closed a month ago. The auction was for a parts bass. The auction title was: Parts Jazz Bass w/ Audere Preamp. There was no mention of Fender in the title and the bass was equipped with an Audere preamp.

**Thor** · #2 05-18-2009, 01:30 PM

I don't see an issue based on what you have said. The 'Jazz' bass model name has
been used by others previously; Burns, for one, had a 'Jazz' guitar model in the 1960's.

MatticusMania · #3 05-18-2009, 01:33 PM

They probably just removed the link because the auction closed a month ago.

Stinsok · #4 05-18-2009, 01:34 PM

No, they sent an email stating they removed the link specifically for that reason.

MatticusMania · #5 05-18-2009, 01:36 PM

Weird. Ebay is lame.

Tony G · #6 05-18-2009, 01:36 PM

I'm fairly sure that "Jazz Bass" is a registered trademark of Fender. So that fact that you weren't selling a "Fender" jazz bass could be what the problem is.

Relic · #7 05-18-2009, 01:56 PM

eBay is getting ridiculous with this crap. I had an auction closed abruptly the day before it was set to end for a similar thing.
My auction title was :"Epiphone EB-3 bass. (body style like Gibson SG)"
they shut the auction down simply because I used the word "like" in the title. They claim that many auctions that use "similar to", "like", "same as" in the title are potentially misleading to a buyer so they are not allowed.
I filed a complaint, I spoke with like 3 different people there all to no avail.
They suck, they really really do.

seanm · #8 05-18-2009, 01:57 PM

Next time, it would probably be safe to say "jazz styled bass". Or even just leave it at "parts bass".

Relic · #9 05-18-2009, 02:00 PM

Quote:

Originally Posted by seanm

Next time, it would probably be safe to say "jazz styled bass". Or even just leave it at "parts bass".

well you cant use, "like" "similar to", etc etc, it wouldn't surprise me if "styled" is also on the black list for whatever stupid reason.

Papazita · #10 05-18-2009, 02:08 PM

"Electric bass-register string instrument, consisting of wood pieces, created, under license, by trees, and shaped by a third party. Also contains electronic elements manufactured by various other 3rd party companies. Parts purchased and assembeled by seller."

**Thor** · #11 05-18-2009, 02:39 PM

http://www.fender.com/resources/terms_of_use.php

Quote:

Originally Posted by Fender website

ACOUSTASONIC, ... F in Thick Script, F in Thin Script, FENDER in Thick Script, FENDER in Thin Script, FENDER-LACE, FENDER TWO TONE, FRONTMAN AMP, G, GOLD TONE, GUILD, the Guild guitar headstock profile, the narrow (Telecaster) Fender headstock profile, the wide (‘60s big Stratocaster) Fender headstock profile, the Fender (Stratocaster) headstock profile, the Fender bass guitar headstock profile, HIMASS, J BASS, JAGMASTER, JAG-STANG, JAGUAR, JAZZ BASS,
... ...and X700 STUART are among the trademarks and service marks of FMIC that may appear in this Web site, many of which are registered in the United States and other countries. This is not a comprehensive list of all trademarks of FMIC. All other names and marks mentioned in this Web Site are the trade names, trademarks or service marks of their respective owners.

So, yeah, it looks like they claim that as a Trademark or Service Mark. They also claim J Bass it looks like.

This may not make it so, though.

MJ5150 · #12 05-18-2009, 04:45 PM

Stop using eBay. It is the devil. Start your own eBay and call it DevilBay.

-Mike

PRUNEFACE · #13 05-18-2009, 05:03 PM

I haven't ever had an auction on ebay... I would try to just use Jazz when describing the body/pups to avoid this next time I guess (not that you did anything wrong...)

hippiesandwich · #14 05-18-2009, 11:29 PM

Quote:

Originally Posted by Relic

well you cant use, "like" "similar to", etc etc, it wouldn't surprise me if "styled" is also on the black list for whatever stupid reason.

Because people sign up for email alerts whenever certain key words appear in auction titles. Someone who is asking to be alerted every time a Fodera is listed in the bass section probably doesn't want to deal with an email for an auction titled "Mint SX bass just like Fodera MTD Smith". They call it keyword spamming for a reason.

**smperry** · #15 05-18-2009, 11:34 PM

Quote:

Originally Posted by hippiesandwich

Because people sign up for email alerts whenever certain key words appear in auction titles. Someone who is asking to be alerted every time a Fodera is listed in the bass section probably doesn't want to deal with an email for an auction titled "Mint SX bass just like Fodera MTD Smith". They call it keyword spamming for a reason.

There's also the sketchy way around this...

Mint SX bass with Fodera strings

Relic · #16 05-19-2009, 05:11 AM

Quote:

Originally Posted by hippiesandwich

Because people sign up for email alerts whenever certain key words appear in auction titles. Someone who is asking to be alerted every time a Fodera is listed in the bass section probably doesn't want to deal with an email for an auction titled "Mint SX bass just like Fodera MTD Smith". They call it keyword spamming for a reason.

I'm aware of that. Two problems I see with it though - 1, it's so incredibly easy to defeat the filtering that it's not even funny. 2 - according to them, they have absolutely no provision that allows for legitimate auctions that use those keywords.
They need to rethink that policy a bit. I have absolutely no problem with them issuing a warning or questioning an auction that they feel may be suspect, but to just to abruptly shut it down?