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EazyDuz |
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EazyDuz World Chat Champion
Joined: 12 Apr 2011 Karma :
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Posted: 20:54 - 13 Jun 2019 Post subject: WTF, 'trademark violation' on some kevlar jeans? |
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So I was having a clear out the other day. Came across some Kevlar jeans I never wear. The brand is Australian Bikers Gear, probably about 5 years old.
So I put them on Ebay. With the brand name in the title.
The photos consist of a shot of the jeans, a close up shot of a small scuff on the knee and a shot of the ABG label.
I get an email a few days later saying the owner of the trademark has filed a complaint and my listing has been removed.
So
1. Why would the owner of the trademark bother to do such a thing? Nothing bad was said about the jeans, the description just explained the size and the small scuff.
2. Is that even legal? So you're telling me if you wanted to sell, say, a pair of Nike trainers, Nike could potentially have your listing removed unless you don't state the brand Nike, and blur out the logo?
I've relisted the jeans but tempted to edit the description to say something like:
Had a trademark claim, since I cant say the brand directly, work it out from this sentence: Austrlian made bikers clothes, or some might say gear'.
Mind blown ____________________ To shreds you say? Tss tss tss |
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EazyDuz |
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EazyDuz World Chat Champion
Joined: 12 Apr 2011 Karma :
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Posted: 21:04 - 13 Jun 2019 Post subject: |
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To update. It wasn't Bikers Gear at all, it was fukin DuPont. The mere mention of 'Kevlar' got the violation. I had no idea what DuPont was until I looked over the jeans and found the culprit:
https://imgur.com/vWlKK7U
How petty ____________________ To shreds you say? Tss tss tss |
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Riejufixing |
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Riejufixing World Chat Champion
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EazyDuz |
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EazyDuz World Chat Champion
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Sister Sledge |
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Sister Sledge World Chat Champion
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Shaft |
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Shaft World Chat Champion
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Riejufixing |
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Riejufixing World Chat Champion
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Ste |
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Ste Not Work Safe
Joined: 01 Sep 2002 Karma :
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EazyDuz |
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EazyDuz World Chat Champion
Joined: 12 Apr 2011 Karma :
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Posted: 10:12 - 14 Jun 2019 Post subject: |
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Yep those are mine.
I have sent a rather angry email to DuPont.
Ebay live chat told me that they do not chase or get involved with the terms of the violation. Basically the trademark owner just has to prove they own the trademark and Ebay will bend over and do as they say.
Pathetic. If it gets removed again would this count:
'Motorcycle jeans, armoured with Kev Lar's skin.' ____________________ To shreds you say? Tss tss tss |
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Monkeywrenche... |
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Monkeywrenche... Nearly there...
Joined: 27 Mar 2015 Karma :
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Ste |
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Ste Not Work Safe
Joined: 01 Sep 2002 Karma :
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Posted: 11:00 - 14 Jun 2019 Post subject: |
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There are 498 listings on eBay in the motorcycle clothes section for used items which have the word Kevlar in the title or the description.
For some reason I don't think all of those will have sought permission from DuPont.
edit: typo
Last edited by Ste on 11:07 - 14 Jun 2019; edited 1 time in total |
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EazyDuz |
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EazyDuz World Chat Champion
Joined: 12 Apr 2011 Karma :
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Posted: 11:04 - 14 Jun 2019 Post subject: |
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Maybe that is it. Yes it would make sense for them to only target trash brands.
I've been riding in ABG kevlar jeans for the past several years, never had to 'test' them though, so during that time I may as well have been in Primark jeans.
Think i'll order some RST ones from sportsbikeshop ____________________ To shreds you say? Tss tss tss |
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doggone |
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doggone World Chat Champion
Joined: 20 May 2004 Karma :
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Posted: 11:09 - 14 Jun 2019 Post subject: |
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If you previously showed a detailed close up of the Kevlar™ label it's probably just that rather than writing the name.
In stock photos you have to be very wary of copyright infringement e.g. T shirt designs or even a smileyface® design on a balloon or something |
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EazyDuz |
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EazyDuz World Chat Champion
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Evil Hans |
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Evil Hans World Chat Champion
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Ste |
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Ste Not Work Safe
Joined: 01 Sep 2002 Karma :
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Pjay |
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Pjay World Chat Champion
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Motorhate |
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Motorhate Nearly there...
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Grubscrew |
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Grubscrew Scooby Slapper
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Ste |
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Ste Not Work Safe
Joined: 01 Sep 2002 Karma :
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Posted: 14:59 - 14 Jun 2019 Post subject: |
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Kevlar is an aramid.
The jeans have a label on them saying "this product contains Kevlar" so there's no need to describe it as anything else.
If eBay decide to be stupid and remove the listing again then just flog 'em on facebook (or BCF!), as someone will have 'em for a fiver! |
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steve the grease |
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steve the grease Crazy Courier
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EazyDuz |
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EazyDuz World Chat Champion
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EazyDuz |
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EazyDuz World Chat Champion
Joined: 12 Apr 2011 Karma :
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Posted: 19:04 - 14 Jun 2019 Post subject: |
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Lmao so I got a response from DuPont. To be honest I wasnt expecting one, but here we go:
Hello,
Thank you for your prompt response. After careful review, we felt that the listings violated eBay policy 2.1 (unlawful comparison). The items were listed as a Kevlar® branded product. We feel that the listing title / listing description should say, “made with DuPont™ Kevlar®”. Although the listing(s) may contain Kevlar® material, the title / description needs to distinguish that the products are made with Kevlar®” and not by Kevlar® so that the consumer is not misled.
You can find more information on eBay listing policies here: https://pages.ebay.com/help/sell/compliant-listings.html
If you are an authorized DuPont™ Kevlar® licensee, please provide us with identifying information as soon as possible for DuPont™ to review.
Thank You,
DuPont™ Brand Protection ____________________ To shreds you say? Tss tss tss |
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ocatoro |
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ocatoro World Chat Champion
Joined: 06 Sep 2012 Karma :
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Posted: 21:21 - 14 Jun 2019 Post subject: |
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dupont are properly anal about this stuff. and it's fair enough really. they made the original material and everyone and their dog tries to claim to be using it.
it's like the hoover thing... ____________________ CBT - 17/09/12 * Theory - 23/10/12 * Mod1 - 05/03/13 * Mod2 - 25/03/13 * BOSH!
Current - None but shed project H100 (first bike )
Past - ER5, '93 ZZR600, '92 CB400 SF, ZZR600 (again), yellow Monster 620, Blackbird - black Monster 620ie - '96 ZZR600 |
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Ste |
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Ste Not Work Safe
Joined: 01 Sep 2002 Karma :
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Posted: 21:26 - 14 Jun 2019 Post subject: |
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That was surprisingly painless if not slightly OTT with protecting their brand name.
Someone might buy them if you offer postage. |
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Old Thread Alert!
The last post was made 4 years, 318 days ago. Instead of replying here, would creating a new thread be more useful? |
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