Tabberone is pronounced tab ber won |
|
The Tabberone™ Archives These articles concern what we consider major trademark and copyright issues. They are usually reproduced with the original source referenced. Bear in mind, these articles are copyrighted and commercial use without permission of the authors may be considered infringement. The intended use here is educational, commentary and non-commercial. The reason they are reproduced in the Tabberone™ Archives, as opposed to just providing a link, is because links disappear and pages are removed. That presents a messy confirmation process that is annoying to the browser (you) but also presents a credibility issue. We do not claim any rights in these pieces. Do not regard the absence of a copyright statement or © to mean the article is not copyrighted. Some sites do not have a copyright statement. When an article or a comment is posted on the internet by the copyright owner, the owner is seeking a world-wide, 24/7 audience; sometimes for a limited amount of time, sometimes indefinitely. In essence, an internet posting intentionally relinquishes one's copyright for exclusivity because the owner has posted it on the internet to been seen by everyone, everywhere. The Tabberone™ Archives non-commercial duplication of the posting is simply a continuance of the original wishes of the copyright owner. We post these articles for reference, for commentary and for confirmarion of our position. |
Source: http://ipaction.org/blog/2007/06/trademarks-on-ebay-worse-than-dmca.html November 18, 2008 - Content has not been altered. Links and advertising have been removed. |
Friday, June 22, 2007 Trademarks on eBay: worse than the DMCA
Some manufacturers of physical goods are abusing eBay's "Verified Rights Owner" (VeRO) program to stifle not unlawful counterfeiting, as the policy is meant to
address, but perfectly legal reselling of new or used goods. Infoworld tells the story
The DMCA is (rightly) widely reviled for its suppression of scientific research and free speech. But as many of you who follow these issues know, the DMCA
has its good side: the safe harbor that creates a standard protocol for copyright owners to protest infringing content, and for the posters to send counter-notifications
when the takedown request is improper. While it's far from perfect, and though some content companies still sue when they don't like the way the
notice-and-takedown system works, it's allowed online content hosting services from discussion forums to blogging sites to social networks to thrive with
reduced fear of legal liability.
In the world of trademarks, there's no such protection, and eBay has implemented a policy that gives all the presumption of truth to the complaining trademark
holder, without a way for sellers to respond. Ed Foster writes in the Infoworld article, "It's pretty scary to think there are actually circumstances where one would
be better off if the DMCA applied, but that does seem to be the case here." Foster explains how eBay automatically pulls auctions that receive complaints
without any independent investigation, and often terminates the seller's account. Worse, there is no way for the seller to appeal; eBay simply refers the seller to
the trademark holder, who must withdraw their complaint before eBay will allow the auction to proceed.
And if the trademark holder refuses to respect the actual law about what is and is not trademark infringement? Then the eBay seller is out of luck.
posted by David Alpert at 10:28 AM
Paid for by Information Policy Action Committee ("IPac") at www.IPaction.org and not authorized by any candidate or candidate's committee.
This work is provided under a Creative Commons License
|
General Articles | Cease and Desist Letters | Federal Court Cases | FAQs & Whines | Glossary | Hall Of Shame | Contributions
Corporate Lawyers |
Definitions |
Federal Court Cases Alphabetically | by Federal Circuit | by Subject | by Court Quotations |
Federal Statutes Copyright Act 17 U.S.C. 5 | Digital Millenium Copyright Act 17 U.S.C. 12 | Lanham Act 15 U.S.C. 22 |
VeRO (Verified Right's Owner Program) VeRO Commandments | VeRO-Verified Rights Owners Program | Counter Notice Letter Counter Notice (pre-2003) | Counter Notice present | On-Line Survey from 2004 | Articles about VeRO | What To Do If You Are Veroed |
Original material by Karen Dudnikov & Michael Meadors is © 1999-2019 |