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WTF, 'trademark violation' on some kevlar jeans?

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EazyDuz
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PostPosted: 20:54 - 13 Jun 2019    Post subject: WTF, 'trademark violation' on some kevlar jeans? Reply with quote

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
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EazyDuz
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PostPosted: 21:04 - 13 Jun 2019    Post subject: Reply with quote

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
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Riejufixing
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PostPosted: 21:21 - 13 Jun 2019    Post subject: Reply with quote

EazyDuz wrote:
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


Their lawyer has gone bonkers. E-mail them and explain what's happened, with the trade mark attribution pictured. It will use their time, and time is money.... but you want an explanation, right?
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EazyDuz
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PostPosted: 21:26 - 13 Jun 2019    Post subject: Reply with quote

Riejufixing wrote:
EazyDuz wrote:
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


Their lawyer has gone bonkers. E-mail them and explain what's happened, with the trade mark attribution pictured. It will use their time, and time is money.... but you want an explanation, right?


Insanity isn't it. The Email from Ebay had this in it:

The rights owner or an agent authorized to act on behalf of the rights owner, E. I. du Pont de Nemours and Company (DuPont), notified eBay that this listing violates intellectual property rights. When eBay receives a report of this type of violation, we remove the listing to comply with the law.

We encourage you to contact E. I. du Pont de Nemours and Company (DuPont) directly if you have any questions.

You can send an email to:
brandprotection@mm-dupont.com





What I dont understand is there are hundreds of 'kevlar jeans' both new and used on Ebay. You telling me these lawyers are going through these with a fine tooth comb all day filing complaints?
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Sister Sledge
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PostPosted: 21:42 - 13 Jun 2019    Post subject: Reply with quote

You'd actually think that DuPont would love the attention of things selling because of.
Is the complaint about the image or the listing of their product??

Reminds me of the time I attempted to list some old brass gun cases (big brass thing that bullets/shells go on top of).
EBay pulled the listing because it's a weapon that can be re-activated! Yeah except for this you'd also need a battleship to go with it.
Fire extinguishers are more dangerous because they have a lid.
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Shaft
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PostPosted: 22:05 - 13 Jun 2019    Post subject: Reply with quote

EazyDuz wrote:

What I dont understand is there are hundreds of 'kevlar jeans' both new and used on Ebay. You telling me these lawyers are going through these with a fine tooth comb all day filing complaints?


It's possible, they have the money to pay people to sit there looking at this stuff and copyright protection and IP is important to these companies.

The other possibility is, ABG gear doesn't (or didn't then) actually contain kevlar and DuPont have got the arse about it.
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Riejufixing
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PostPosted: 22:49 - 13 Jun 2019    Post subject: Reply with quote

EazyDuz wrote:
What I dont understand is there are hundreds of 'kevlar jeans' both new and used on Ebay. You telling me these lawyers are going through these with a fine tooth comb all day filing complaints?


I knew a lawyer in brand protection (some sort of fashion thing, Kath Kitstone?). She went about the place looking at anything from market stalls to online retailers, looking for counterfeit goods and taking action. However, this was new stuff, not second-hand. I'd send 'em an e-mail and ask them all about it, not that I'm awkward about this sort of thing or anything... Middle Finger to 'em.
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Ste
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PostPosted: 07:03 - 14 Jun 2019    Post subject: Reply with quote

The eBay VeRO people are dicks. Laughing

I'd email DuPont asking what their objection is to you using the word Kevlar in your item description for a pair of jeans that are kevlar lined.

The manufacturers page https://bikersgearaustralia.com.au/mens-kevlar-chino-mcycle-jean-black-11824.html says the jeans have a Kevlar® Fibre Protective Lining and I think those are the same as the jeans you've listed. https://www.ebay.co.uk/itm/123801453277
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EazyDuz
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PostPosted: 10:12 - 14 Jun 2019    Post subject: Reply with quote

Ste wrote:
The eBay VeRO people are dicks. Laughing

I'd email DuPont asking what their objection is to you using the word Kevlar in your item description for a pair of jeans that are kevlar lined.

The manufacturers page https://bikersgearaustralia.com.au/mens-kevlar-chino-mcycle-jean-black-11824.html says the jeans have a Kevlar® Fibre Protective Lining and I think those are the same as the jeans you've listed. https://www.ebay.co.uk/itm/123801453277


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.' Laughing
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Monkeywrenche...
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PostPosted: 10:38 - 14 Jun 2019    Post subject: Reply with quote

I'm going to go ahead and guess that they are going after chinese knockoff shit on ebay that doesn't really have their kevlar in, technically are you retailing this product? in which case they require you to have written permission to use their trademarks.

https://www.dupont.com/products-and-services/fabrics-fibers-nonwovens/fibers/articles/trademarks-licensing.html
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Ste
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PostPosted: 11:00 - 14 Jun 2019    Post subject: Reply with quote

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. Razz

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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PostPosted: 11:04 - 14 Jun 2019    Post subject: Reply with quote

Monkeywrencher wrote:
I'm going to go ahead and guess that they are going after chinese knockoff shit on ebay that doesn't really have their kevlar in, technically are you retailing this product? in which case they require you to have written permission to use their trademarks.

https://www.dupont.com/products-and-services/fabrics-fibers-nonwovens/fibers/articles/trademarks-licensing.html


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
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doggone
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PostPosted: 11:09 - 14 Jun 2019    Post subject: Reply with quote

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 Tut Tut
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EazyDuz
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PostPosted: 11:20 - 14 Jun 2019    Post subject: Reply with quote

doggone wrote:
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 Tut Tut


I didnt. It only had the ABG label up where the belt would go.
I took the small label pic just for this thread. It couldnt be seen from the photos from the original ad
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Evil Hans
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PostPosted: 12:05 - 14 Jun 2019    Post subject: Reply with quote

I think one likely explanation is that DuPont are having a crackdown on the folks selling things that aren't Kevlar branded but have the word Kevlar in the description, and including you was just human error.


If something is genuinely branded as something, and you are selling it second hand then there is no infringement if you use the brand name.
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Ste
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PostPosted: 12:30 - 14 Jun 2019    Post subject: Reply with quote

Evil Hans wrote:
If something is genuinely branded as something, and you are selling it second hand then there is no infringement if you use the brand name.

Minor details like that aren't important when eBay are removing listings.
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Pjay
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PostPosted: 12:36 - 14 Jun 2019    Post subject: Reply with quote

EazyDuz wrote:
doggone wrote:
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 Tut Tut


I didnt. It only had the ABG label up where the belt would go.
I took the small label pic just for this thread. It couldnt be seen from the photos from the original ad


Maybe relisting with the label is the way forward?
They may see that and leave you alone.
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Motorhate
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PostPosted: 14:47 - 14 Jun 2019    Post subject: Reply with quote

Do yourself a favour and just called it "Aramid" or something. I think that's what Hood Jeans do. It's basically the same stuff.
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Grubscrew
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PostPosted: 14:57 - 14 Jun 2019    Post subject: Reply with quote

Flipping heck, what the hell is going on .
Love the Kevs lar!
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Ste
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PostPosted: 14:59 - 14 Jun 2019    Post subject: Reply with quote

Kevlar is an aramid. Wink

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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PostPosted: 15:09 - 14 Jun 2019    Post subject: Reply with quote

Ebay = the next Myspace. I think they are losing punters both buyers and sellers all over the place. I've just had a message telling me that they are reducing their fees, yeah because they are too high and people are baling out. Like Ratners and Ryanair if you shit all over your customers, eventually they catch on.
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EazyDuz
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PostPosted: 16:46 - 14 Jun 2019    Post subject: Reply with quote

steve the grease wrote:
Ebay = the next Myspace. I think they are losing punters both buyers and sellers all over the place. I've just had a message telling me that they are reducing their fees, yeah because they are too high and people are baling out. Like Ratners and Ryanair if you shit all over your customers, eventually they catch on.


Seems to be the case with Amazon as well.
Was looking for a Drift helmet cam, stumbled across 'OnBuy' dot com.
Its basically Amazon with cheaper prices and UK based. Ordered the camera brand new for £50 less than anywhere else, with paypal.
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EazyDuz
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PostPosted: 19:04 - 14 Jun 2019    Post subject: Reply with quote

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
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ocatoro
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PostPosted: 21:21 - 14 Jun 2019    Post subject: Reply with quote

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...
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Ste
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PostPosted: 21:26 - 14 Jun 2019    Post subject: Reply with quote

That was surprisingly painless if not slightly OTT with protecting their brand name.

Someone might buy them if you offer postage. Razz
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