Well im having a right do at the minute!
The problem i am hit with, i apologize for my poor layout of the facts...
I currently sell stickers via ebay, i am UK based
I had 10 listings removed for breach of "intellectual property rights" which from my understanding is basically from something you design yourself? and someone using that?
the stickers in question look like this:
the listings that were removed were of different models of cars.
this was the email i received from ebay:
"
Dear Dan,
Thank you for writing eBay in regard to:
190256323318 - Down Out Sticker, Volkswagen Mk3 Golf (Gti Vr6)
190256325045 - Down Out Sticker, Volkswagen Corrado (Vr6 G60)
190256323065 - Down Out Sticker, Volkswagen Mk2 Golf (Gti G60)
190256322381 - Down Out Sticker, Volkswagen Mk1 Golf Cab (hood down)
190256324292 - Down Out Sticker, Volkswagen Mk2 Golf Jetta (Gti)
190256327720 - NO FAT CHICKS Sticker (mk4 polo) funny sticker
190256323777 - Down Out Sticker, Volkswagen Mk4 Golf (Gti)
190256321793 - Down Out Sticker, Volkswagen Mk1 Golf (GTI)
190256325480 - Down Out Sticker, Volkswagen New Beetle
190256324058 - Down Out Sticker, Volkswagen Mk5 Golf (Gti)
When we receive a properly documented request from a VeRO participant
asking us to remove an infringing item, we are required by federal law
to end it.
We removed the listings because EuroCrew PR alleged the listings offered
an unauthorized copy of their copyrighted work.
We don't have any more information about how your item infringed the
rights owner's intellectual property or how you can avoid having your
item ended again.
We urge you to contact the VeRO participant and direct your questions
and concerns regarding the removal of your listing to the rights owner.
You can contact the rights owner at:
-------------------------
For more information on the eBay VeRO Program, visit:
_____________________________________________________
Thank you for your time.
Sincerely,
Logan
eBay Customer Support"
He is based in the US
So he is claiming intellectual copyright, which i can confirm that the designs are my own, and for reference they are totally different to his designs.
here is one of his listings:
http://cgi.ebay.com/ebaymotors/VW-New-Beetle-Turbo-S-Sticker-No-Fat-Chicks-Down-N-Out_W0QQitemZ300264052887QQcmdZViewItem?hash=item300264052887&_trkparms=72%3A727%7C39%3A1%7C66%3A2%7C65%3A12%7C240%3A1318&_trksid=p3911.c0.m14#ht_611wt_0I have many questions like how has he convinced ebay that he owns all rights to the style of sticker? it is nothing but a style, its like claiming you have copyright for every picture of a house, its stupid.
But to keep it in track, i contacted ebay asking questions but they keep saying email the rights owner.
Which again, they cant possibly the rights owner!
But more importantly my designs are different to his!
It is quite clear he has reported my listing as i am direct competition to him.
So i do as ebay say and email the seller:
"
These listings were removed from ebay on request from yourself, claiming intellectual copyright.
You have made a mistake, as my designs are not the same as yours, their are clear differences.
Please can you inform ebay of your mistake, so my listings can be reinstated.
If it was a genuine error on your part then i apprietiate that.
i look forward to your response
Dan Knight"
I was quite polite and to the point, now the response,
Here is the reply, im no law student but i can smell bullsh** a mile off
"
Hi Daniel,
I know your artwork is original but the art down n out with the design is copyrighted. Please I just want you to understand that it's illegal to prepare derivate works or reproduce works based upon the work someone have made and copyrighted. Also I paid for my artwork to be copyrighted long time ago by the names Down N Out & No Fat Chicks so no one can prepare derivate works or reproduce works based upon the work was original made. But I just want you to know that I'm just taking action on the stickers I copyrighted not the polos and others you are selling because that's fine with me and I dont have the rigths for the other designs. Any other questions please feel free to contact me. Have a nice day.
Thanks,
Alexxx"
Now i have highlighted the main facts, i have LOADS of questions about what he says
firstly, how can you copyright a style of drawing?
illegal to produce derivate works or reproductions? i have never even seen his designs, and mine arent even the same, just the style!
Paid for his artwork copyrighted, ok if so, in america? or UK? either way it would cost a PACKET im sure.
So now the artwork is copyright owned? not just intellectual copyright?
If so where are the markings, the little c in a circle?
he is basically claiming copyright on words!?!?!
is he a comedian?
That is where i am at, im still waiting for ebay to reply, but im not holding out.
They have somehow got a hold on the ebay system and are abusing it!
Ps also to add more confusion to the situation, the artwork that they are claiming to own, i am associated with the guy who designed them originally! and he freely lets people online have them, so they are claiming copyright on something they have found on the internet!
SO thats where things are, thats a copy of what i posted on a legal forum, but seriously, anyone got any ideas?!?!!?!??
