posted on October 11, 2000 10:38:15 PM new
Well, it finally happened. I had a really good auction going that was supposed to end tonight. After the auctions ended, I went to see how they all did. The one was missing. I checked my emails and had the notification from eBay that my auction had been ended through the VeRO program by the Estate of Selena Quintanilla Perez.
The item is not an illegal Selena knock-off product. I never claimed it was an official Selena product.
I had used the name Selena in the auction, because it involved white roses. It is a well known fact that Selena is associated with white roses, because she loved them so much. I wrote in the TOS 'Attention Selena Fans'. In addition, I wrote that this item would have been something she loved.
There were several links in the cancellation email that I could look at to see where I had infringed, but I could not find out how I infringed. Is it illegal to invoke someone's name? I sure hope not because I do it all the time. I have something up now that 'Carmen Miranda would have loved.'
I had a similar problem a while back invoking the name 'Fantasy Fest' in my auctions, but the problem was easily solved by use of a disclaimer.
The cancellation letter said if I had any questions, to write to this email address that I recognized as from the Quintanilla family. I wrote to them asking specifically why they thought I infringed. I'm bummed because I have lots of this item to sell, and came up with a great marketing angle.
Maybe I'm just dense, but I thought it was OK to name events, places, and things as long as you aren't claiming 'official'. Input or suggestions on how to fix this problem?
Sheesh, my own daughter is named Selena, along with a zillion other girls.
posted on October 12, 2000 12:15:25 AM new
Ebay policy states that the description of an auction should only contain info related to the item being auctioned. By saying atten Selena fans, it misleads people to believe that when they click on the item it will be related to the singer Selena. You are using her name and fame to sell your item. This is considered spam by ebay since it would redirect people to your auction who might not have looked at it in the first place.
Since it was Selena's estate that closed it down it sound's like they object to her name being used as an AD.
As for using names, places and things as long as you don't say official, this is not only incorrect, but since you know the item not to be official, some states may consider this deliberate fraud.
While you might think this is great marketing, there is nothing worse than searching for an item and getting hundreds of auctions pull up that are unrelated. All it takes is for one ebay user to send the auction number to safeharbor and you get another warning for spam.
posted on October 12, 2000 01:51:29 AM new
You can only invoke someone's name IF the item is directly linked to the person, like in this case, either a CD or Cassette by Selena, or something more personal like an autographed picture you got yourself of her.
Saying "White roses were a favorite of Selena" is gonna get you into trouble in many cases.
I suggest you try and dig up in the AW archives about another Dead Artist, Jeff Buckley and read up on it.
His mom, who oversees his estate, and goes by the name of jeffdefender on eBay (yes, I can say this, as this is public knowledge and is mentioned in a few AW stories, including the one above), caused quite a stir, and raised serious questions about eBay's VERO program.
Why? Because someone thought it was okay to mention another music act sounded and could be liked by Jeff Buckley Fans. And his mom didn't like it one bit.
:\\\"Crystalline Sliver cannot be the target of spells or abilities.
posted on October 12, 2000 04:36:50 AM new
Not to knock your 'angle' or anything but how do YOU know Selena would have loved your item?
Defamation of Character comes to mind and that may be why the Perez family felt the need to question the auction. Basically, they don't want you saying what Selena would have loved or not loved the item is the impression I'm getting.
No matter how special your item is, her family probably doesn't appreciate you using the 'Selena would have loved this angle' to sell your product.
I doubt you were infringing on any copyright other than her name and assuming she would have loved the item. She can't defend herself so her family will. You would be able to relist, I assume, just drop her name and YOUR opinion of her likes/dislikes.
posted on October 12, 2000 05:14:18 AM new
What you did was attempt to ride on the profitability coattails of another party (in this case, the Selena estate) in order to increase bids on your item.
Dumb, really dumb, particularly when you'd already run into VERO trouble on another auction.
Putting a disclaimer in is, IMHO, a bit like those auctions that read "NOT Chanel". IOW, it's keyword spamming.
posted on October 12, 2000 09:22:25 AM new
Sorry, but I'm going to agree with most other respondents on this one.
"At least" the Jeff Buckley case was making a comparison between the sounds of one band and Buckley -- and that is controversial and questionable enough, from what I saw while lurking. Whether it is ultimately right or wrong, it was "at least" making the case that one's "sound" was like another's sound, to try to describe the other band. The Selena case is just saying one person happened to like something -- far weaker ground, in my opinion.
(I don't want to drag the Buckley discussion further into this tent, just to say this Selena/roses case seems far more clear-cut.)
If I were a seller, a similar case would be if I came in auctioning a model of a DC-9, and saying "Selena once flew on a DC-9, and so did Tommy Lee Jones, Mariah Carey, Sandra Bullock..." (I have no idea whether any of them actually has, it's just hypothetical). So now I'd be making a DC-9 model show up in tons of other searches that it really has no meaningful relevance to.
We could easily end up with Selena's and other celebrities' names mixed up in auctions for just about anything conceivable. Flowers, airplanes, cars, pet supplies, furniture, clothing, just about any music, etc. -- just because they liked it, drove one, flew in one, wore one, whatever.
Searching for any one thing would become a completely cluttered mess. On eBay, this is spam, plain and simple. eBay has the right rule here, and as much as I think VEROs are sometimes abusing their power, this is one case where I completely agree with the VERO.
Offline, there are rules and lawsuits over uses of a person's name or image in advertising -- not just celebrities'. Among other reasons, that is why radio stations and sweepstakes have to state, in some form or another, that if you participate in a contest and win, you are giving them the right to use your name and/or image for further advertising of their contests. There has to be a form of permission ("fine print"-style or otherwise) given.
Selena fans will know she liked white roses, and if they want to surround themselves with things relating to Selena, including items involving white roses, they can go and search for "white rose" or "white roses"
Now if Selena had made a pot with white roses on it, and that was for sale -- or sung a song called "White Rose" -- that would be a completely different matter, and those items could (and should) be advertised with the mention of "white rose."
(P.S. I'm not a Selena fan, so I'm not some "defender" either, just defending against what I would call an inappropriate way of advertising. )
----
What's being done in the name of direct marketing nowadays is crazy.
The above are all just my opinions, except where I cite facts as such.
Oh, I am not dc9a320 anywhere except AW. Any others are not me.
Is eBay is changing from a world bazaar into a bizarre world?
[ Changed an "all" to "most" ]
[ edited by dc9a320 on Oct 12, 2000 09:23 AM ]
posted on October 12, 2000 10:05:18 AM new
Thanks for all the thoughtful replies. We sure have lots of different viewpoints.
kellyb1--it's not uncommon for Selena fans to seek out white rose items. To fans white roses symbolize Selena. My ad turned out to be effective marketing copy, because the ad got lots of hits and bids. Several of the bidders ended up emailing me afterwards desperately wanting the item. I do know what you mean about pulling up an auction with a keyword, and having the item totally unrelated--it is very annoying. But this item really is related to Selena (even though not an official Selena product) by the white roses.
Crystalline_Sliver, thanks for the informative post about Jeff Buckley (who was Jeff Buckley, anyway?) The point about saying that Selena would have loved the white roses...although I believe this to be true, I see your point. If I get to relist this item I would take that part out. I have some other ads that say the same thing, but with a different name. In the future I will change that, too.
angellenne--ditto, I would drop that line about her loving the roses. I see the light.
macandjan--I did write to the estate of Selena. The email directed me to do so, so I'll see what they say if they bother to reply.
HartCottageQuilts--yes, that is exactly what I did, 'ride the coattails of profitability'. I did it in a way that I thought was legal. This was the first time I had a VeRO problem. I guess I didn't make myself clear about the other problem I had about the Fantasy Fest. Those auctions weren't cancelled. The president of Fantasy Fest emailed me and told me that Fantasy Fest was a copyrighted name. She was really nice about it, and directed me to their website and all. I had to make sure that the items I was selling weren't being sold as official Fantasy Fest items, which was satisfied with the disclaimer. If the disclaimer were meant to act as keyword spamming, I wouldn't have put Fantasy Fest in. But for what I was selling there was a legitimate need for the item at F.F.--just like the people selling costumes for F.F. I'm hurt you would call that dumb, I really did come up with this marketing idea thoughtfully. I really don't want to commit copyright infringement. I've been copied many times and know how it feels. But how far does it go? Can we really not say Elvis or whoever in our ads? (BTW, I still would love to see your quilts on eBay)
figmente--I believe the VeRO went too far. I notice that the family went through and cancelled a bunch of auctions, not just mine. I can understand why the family would do this, but compared to the other items mine stands apart. The others were unlicensed Selena items.
figmente & dc9a320--I see your points about the keyword spamming, you make them clear. But the 'white roses' and 'Selena' truly is a meaningful connection.
Thanks for the opinions. I'm still trying to find a way that gets across white Selena roses without stepping on anyone's rights. I just thought I had the right to say a name if the situation rang true. Hopefully if the family responds I can come up with the right solution. In the meantime I'm still not sure what to do.
I think I need to research some more. I did read the links in eBay's cancellation letter, and I didn't find anything that would have required my auction being cancelled (other than the 'Selena would have loved this' comment, which I can understand). But to say just 'white Selena roses' I believe would be OK. I'll have to dig deeper.
posted on October 12, 2000 10:06:44 AM new
Exactly, dc9a. And the VERO angle can be argued by the fact that this seller is attempting to capitalize on the Selena name - whether the product is a copy of a Selena-copyrighted product, it is in a sense a "knockoff".
You really pushed the envelope on this one, mzalez. Let's set aside the VERO issue. Your auction is a prime example of keyword spamming.. For that reason alone it should've been pulled.
posted on October 12, 2000 10:22:42 AM new
Well, I guess I'm as insensitive as MzAleZ.....I did the exact same thing, auctioned an article of clothing and came right out and said "Selena Fans" in the auction title. That was two year ago, though. But I was living in the southwest during the whole Selena craze, and when I saw this item (it was a hat), the first thing I thought of was, it looks like one Jennifer Lopez wore in the Selena movie. (No one would have paid attention to using Jennifer Lopez's name back then!)
The great thing was (and I thought it was great, because I hit the target market right on the nail AND made someone happy!) was that the person who bought it was a Tejano singer from Corpus Christi, TX (Selena's home town).
Sorry if that was profiteering off of Selena's name. Never thought of it that way, but I guess I was wrong. Hmmm.
posted on October 12, 2000 10:54:05 AM new
I'm going to disagree with most of the others....
I've not seen the auction, and I'm not an attorney. But I am a VeRO member, and have gone through the VeRO process with eBay from that end. Based on what the poster has said, here's my take:
Although Selena's family no doubt holds intellectual property rights to her likeness and to items manufactured with her name or likeness, I don't think they can preclude someone from mentioning her name while lawfully selling an item that has a tenuous but legitimate connection to the singer. Heck, the names of public figures are mentioned all the time in eBay auction ads because the item might be of interest to a fan for one reason or another. I sell magazines, and frequently list names of individuals that are either referenced in the magazine, or have some connection that might be of interest to a bidder, for example. No IP violation there. If there was a Selena tie in, I'd mention her name. Heck, might even put it in the title, if I wanted.
As to it being "spam" or keyword abuse, I don't see that either. If there is a legitimate connection to the singer, it seems like a legitimate keyword.
posted on October 12, 2000 10:58:12 AM new
HartCottageQuilts--I'm learning, I learning! btw, the 'dumb' I could take, but 'really dumb' was too much, sob sob)
ohandrea--in the movie, which hat was it? Sounds really neat.
I honestly still don't think it was wrong to sell white roses to Selena fans. It's not a case of 'Selena had roses just like this'. The white roses are very meaningful and connected to Selena, so I don't believe it would be keyword spamming.
But if there are laws against this, I guess I have no argument. It's just that in what I've seen so far, it doesn't spell it out for me. Like I mentioned before, the links eBay provided me weren't convincing.
Apparently my way of thinking goes against the consensus. I really am trying to understand.
posted on October 12, 2000 11:01:34 AM new
magazine guy, I would like to relist the auction, but take out the part about 'Selena would have loved this'. That part I can understand.
I would like to relist calling attention to Selena fans. Do you think that would be alright?
However, I'm not going to do anything until I hear from the family estate and eBay, too. I've decided to write to eBay and have them pre-approve the ad in this case.
posted on October 12, 2000 11:17:25 AM new
Your Bero'd auction had SELENA right in the title along with White Rose.
Why not put something like in the text only
"White Rose--makes me remember Selena." Nothing about a tribute or that she would like them. It is your opinion of the item only. I have no idea if this would pass the Vero or not
posted on October 12, 2000 11:19:18 AM new
mzalez:
You may not hear back from the Selena people. And I doubt eBay will pre-approve an auction that involves an IP dispute- more likely they will defer to the VeRO folks who claim that your item is infringing.
You should have received information on how to appeal this if you wish. Probably not worth it for a small ticket item, but perhaps it is if you plan on selling lots of these, or building on the concept somehow. Problem is that the appeal form requires you to certify under penalty of perjury that your item isn't infringing (it mentions "perjury" several times and appears to be designed to dissuade folks from appealing). And truth is that you really don't know because this is a complex area of law in which attorneys and courts don't always agree.
posted on October 12, 2000 11:20:31 AM new
I am a Selena fan, and I just want to clarify HOW special the white rose is linked to her.
In the movie, they tastefully dealt with her death by having her on stage singing and dropping a WHITE ROSE, instead of showing the actual graphic shooting.
In the end of the movie, fans are holding candles, pix of Selena, and WHITE ROSES.
In books with photo coverage of her funeral, all the sprays were white roses. It wasn't that she "kind of liked white roses," she was indeed STRONGLY associated with them, almost like a middle name. These are just some examples, and I'm sure there are many more.
As far as the vero stuff, I can't comment on all that... I don't know what to think! But the white rose connection with Selena is NOT a casual connection... like Selena once picked a white rose, Selena once rode a DC-9, Selena once wore a certain brand of clothing, it's NOT that casual.
posted on October 12, 2000 11:56:18 AM new
Zazzie, I considered that, but then I don't think it would matter if the problem were in the title or the text. Wouldn't it still be a problem if in the text only? I'm wondering if it would be OK to have 'Attention Selena Fans' in the title.
magazineguy, eBay didn't tell me how to appeal. They said to write the VeRO program member, who had an email address of the family's company. Here is the only letter I received from eBay:
-------------------------------------
Dear Maria ____ ____,
We regret to inform you that your auction:
455818747 Exquisite White Rose Mardi Gras Beads SELENA
has been ended at the request of the Estate of Selena
Quintanilla Perez, a member of eBay's Verified Rights Owner (VeRO) Program, because they filed a sworn statement that it offers a product or contains material which violates their copyright, trademark or other rights. In the interest of protecting all eBay users, we end such auctions to avoid any association with potentially infringing or unlawful items.
We understand that sometimes mistakes can be made. If you feel your auction was ended in error, contact the VeRO Program Member directly by emailing them at [email protected]
Of course, eBay is available to answer questions, but since only the rights owner understands their products and policies, we encourage you to contact them first. If we agree a mistake has been made or the VeRO Program Member notifies us, we will allow you to relist the item.
We also understand that even if your item is infringing, you may have been unaware of that fact, and may have listed the item with the best of intentions. Unfortunately, even if this is so, you still could face potential liability, so ending the auction is still necessary.
to learn more. All Bidders have been notified and any associated fees have been credited to your account.
**Keep in mind that listing of prohibited, questionable or infringing items, or the re-listing of ended items without the approval of eBay, can result in your suspension from eBay.
I noticed, too, quoted in a link posted by Crystalline Sliver says:
"When the item is removed the seller gets the contact information so they can appeal directly to the VeRO member or directly to us," Pursglove said. "When an appeal is made the VeRO member has 14 days to respond to us. If they don't get back to us the item can be put back on the site."
I guess I will have to write Asrai back and ask how to appeal. You are probably right about getting no results. I'm a powerless little fish in the mighty ocean.
ksterni--thanks for clearing that up better than I did. I'd like to add, too, that when Selena used to perform her fans would hand her white roses instead of red ones. Also you may notice that many of her album covers, posters, and even the movie art for the movie Selena has the white roses. Symbolically she has become the white rose, pure and beautiful, blooming for only a short time. I'll email you ksterni, thanks!
posted on October 12, 2000 12:39:03 PM new
I was just going over some of those links that mzalez noted in her e-mail...
A while back, I had a Metallica Import CD Single axed by eBay.
Let's say, eBay would have to close down nearly 1000+ auctions and eliminate several sellers based on their policy in one of their links to justify my cancellation.
I got some ammo to deal with safeharbor...
:\\\"Crystalline Sliver cannot be the target of spells or abilities.
[ edited by Crystalline_Sliver on Oct 12, 2000 12:40 PM ]
posted on October 12, 2000 12:46:18 PM new
Actually, if there's any "white rose" connection, it's with Princess Diana, who actually has a trademarked rose variety named after her.
This is ridiculous. It's akin to marketing (feather) quill pens as "the very same type of pen that Mozart used to write his masterpieces!" "Coffee - the favorite drink of Ben Jonson - now available for you to enjoy right in your own home!"
posted on October 12, 2000 12:54:48 PM new
mzalez-
I have a question (I'm not picking on you- honest) and I'd be interested in your response. If as you said...
It is a well known fact that Selena is associated with white roses, because she loved them so much.
and
Symbolically she has become the white rose, pure and beautiful, blooming for only a short time.
it is common knowledge that Selena is associated with white roses, as long as the item title or description included "white roses", why would it be necessary to even mention the name Selena? Wouldn't anyone looking for items that somehow related to her already be searching for "white roses"?
posted on October 12, 2000 12:57:03 PM new
(Selena -=> White Rose) != (White Rose -=> Selena)
Selena may have been strongly connected to white roses, but that does not imply all white roses are strongly connected to Selena.
"White rose" does not instantly make most people think of Selena. I didn't even know this about Selena until today. I've heard of the tragedy, of course, and have seen white roses, but there was never a line between them. Now there is a connection in my mind, but it is only one way.
If everyone started calling white roses "Selena Roses" in her honor, as a species or type reference, then they would be equated, and there would be no issue.
I understand now that there is a strong connection one way, but to be blunt, that still does not equate the two, any more than Clint Eastwood's cowboy hats (from his movies anyway) makes all cowboy hats worthy of having Clint Eastwood's name mentioned. Cowboy hats never became "Eastwood Hats," so it would be inappropriate to refer to Eastwood for any cowboy hat that was available for sale.
The metaphor applies equally to white roses and Selena. Selena may, to a degree, be inseparable from white roses, but white roses exist separately of Selena. Clint may, to a degree, be inseparable from cowboy hats, but cowboy hats exist separately of Clint.
The only exceptions would be if a particular cowboy hat was worn by Clint Eastwood (obviously), was an approved reproduction, or happened to bear some distinguishing, almost unique feature or style. A better example of the last would be "Crocodile Dundee's" hat, with the ring of teeth around it. As far as I know, these aren't very common (or was there a craze after the movie? ). If another hat came around that looked the same, maybe, just maybe, it might be okay, but I suspect even that would get argued (and I'm not even sure of my own opinion).
This might also make the one hat that looked very similar to the one Jennifer Lopez wore in the movie "Selena" close enough to put in a description, perhaps as: "looks just like the one... ", because there is a substantial resemblance, just like it could be argued, right or wrong in the end, that some bands sounded very much like Jeff Buckley. Yet the latter was, in terms of auction references, questioned and controversial.
These are grey areas, and I completely agree they exist.
I just don't feel the white roses is a grey area at all, even though I now understand how some people can see them as connected, at least in one direction.
(I won't say anything more about the keyword spamming aspects of this, since mzalez seems to understand that now, except... ).
Yes, mentioning something only partially connected tends to fly better in the description than in the title, but even here, the more tenuous or uni-directional the connection, the greyer it gets, especially when you're using a name (celebrity or brand).
posted on October 12, 2000 12:58:10 PM new
The auction wasn't cancelled for key word spamming, it was cancelled for "offers a product or contains material which violates their copyright, trademark or other rights". Can one of you superior intellectuals please explain to this obviously uneducated peon just how putting the name Selena in her auction violates any of the above? With all the deadbeats and rip-off artists that are operating on ebay you would think they would have more important things to do than interfere with an innocent auction.
posted on October 12, 2000 01:00:40 PM new
Crystalline Sliver, you mean they cancelled a legitimate Metallica CD? Was it a promo CD? I do know the members of Metallica are very active in defending the copyrights of musicians. Whenever I see one of those Mapster news stories, they usually interview that lead singer from Metallica, too. He's become a spokesperson.
HartCottageQuilts--When I think of Princess Diana, I think of an 'English rose'. Didn't Elton John make a song about her by that same name? To the people familiar with Selena y Los Dinos, mention 'white rose' and they know exactly what it means. Maybe you aren't very familiar with Selena and the band's music? I would think if you were, you would see it isn't a ridiculous connection. It's not so ephemeral as the Mozart or coffee examples you gave. Who is Ben Johnson, anyway? Maybe it's cheesy to you, but of course that is your right to think so. But is it really illegal if I call to 'Selena Fans'?
posted on October 12, 2000 01:18:11 PM new
mrpotatohead, I appreciate your diplomacy! You bring up a good point. The reason I put 'Selena' in the ad was to make it easier for Selena fans to find. I knew they would be interested in this item, and I wrote my copy with them in mind. Maybe Selena fans search on 'white rose', I don't know--they might. Myself,I never have--as a Selena fan that is. I did buy a macrame crucifix necklace once, just because it had a white rose in the center of it--sort of a rememberance of Selena. It was made by a guy from Brazil, not an official Selena necklace or anything like that. Anyway, I was targeting Selena fans in my ad.
dc9a320, You say it best, these white roses are certainly a gray area! I do sense that many of the posters here aren't very familiar with Selena y Los Dinos to understand the strong connection with the white roses. If I ever get to relist this item I would only call to 'Fans of Selena' who would appreciate this connection.
brooklynguy, thanks for seeing my point. I did write this ad innocently enough. It was never my intent to defraud any one or infringe on anyone's rights. The other posters do make a valid point though, about my copy 'Selena would have loved these'. But I'm still thinking it's OK to call to Selena fans. I hope that would be legal.
posted on October 12, 2000 01:22:47 PM new
Sorry, I thought that the VeRO appeals form was online. Apparently you have to request it from eBay.
There are really two ways of appealing- first directly to the VeRO member who requested that your auction be shut down (eBay doesn't really review these requests, they just comply pursuant to the DMCA). I don't suspect that most sellers will get much satisfaction from the VeRO members, especaially the big corporations that have hundreds of auctions closed at a time.
You can also fill out a form and send it to eBay. Not suggesting you do it in this case, but just for information purposes, here's the form and the accompanying letter that eBay sends when you request it. Note that it's not very encouraging (think they mentioned perjury enough times?):
********
Dear eBay Seller,
eBay recognizes that sometimes an auction may be mistakenly identified by a Verified
Intellectual Property Owner, its agent, or law enforcement, as including an infringing or otherwise unauthorized or illegal item. In the event that such a mistake occurs, you should contact the complaining party directly. eBay will gladly allow you to re-list the item upon receipt of acknowledgement of the mistake from the complaining party.
Alternately, if the complaining party does not agree that the allegation was in error, you may also provide eBay the attached Counter-Notice Regarding Ended Auction. The Counter Notice form requests a sworn statement under the penalty of perjury and other information which substantially complies with the requirements of the Digital Millennium Copyright Act, 17 U.S.C. section 512, which states:
To be effective under this subsection, a counter notification must be a written communication provided to the service provider’s designated agent that includes substantially the following:
(A) A physical or electronic signature of the subscriber.
(B) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
(C) A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
(D) The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent from such person.
Please fill out the Counter-Notice form for each occurrence of an alleged act of mistakenly reported or misidentified infringement and return it to the address provided below. We require that you physically sign the form. Notification from a seller that fails to comply with the provisions above shall not be considered as providing actual knowledge or an awareness of facts or circumstances sufficient to require eBay to allow re-listing of the removed items. Upon receiving the original of your fully completed Counter-Notice, eBay will notify the reporting entity of the Counter Notice and inform that entity that eBay will allow the re-listing of the removed items within 10-14 days, unless, following receipt of the Counter Notice, eBay receives notice from the reporting entity that it has filed an action seeking a court order to prohibit you from re-listing such infringing items. If the reporting entity disagrees with your Counter-Notice, they may file a legal action against you to prevent the re-listing of the ended auction item(s). Alternatively, if they notify us in writing or by e-mail that they no longer object to the auction item or material, we will allow it to be re-listed.
Very truly yours,
eBay Inc.
COUNTER-NOTICE REGARDING
ENDED AUCTION*
I. Penalty of Perjury Statement. I CERTIFY UNDER SWORN PENALTY OF
PERJURY that I am sending this notification on the basis of my good faith belief that the
auctions referred to below do not involve infringing materials or uses and have been
identified by a Verified Intellectual Property Owner, its agent, or law enforcement as
infringing by mistake or due to misidentification: (List Auction Items Below)
_____________________________________________________________________
_____________________________________________________________________
II. Consent to Federal Jurisdiction. I consent to the jurisdiction of the Federal District
Court for the address provided below, or if such address is outside the United States, I consent to jurisdiction of the Federal District Court, County of Santa Clara, California.
III. Consent for Service of Process. I agree to accept service of process from the Verified Intellectual Property Owner, its agent, or law enforcement.
IV. Contact Information. I certify that the following contact information is accurate and valid. I acknowledge that eBay will compare the contact information provided herein with my eBay contact information, and false or fraudulent information may result in suspension of my eBay account.
V. I understand that my knowing misrepresentation herein that material was removed by mistake or misidentification may make me liable under federal law for damages, including costs and attorneys’ fees. See 17 U.S.C. section 512.
VI. I understand that if the reporting party disagrees with the Counter-Notice it may file a legal action against me to prevent the re-listing of the ended auctions.
VII. Acknowledgement. I acknowledge that this notice is filed under penalty of perjury.
I may be contacted at:
Name____________________________________
Street Address____________________________________
___________________________________________
City and State____________________________________
Zip____________________________________
E-mail____________________________________
Telephone____________________________________
Fax____________________________________
Date____________________________________
Signature____________________________________
UNDER SWORN PENALTY OF PERJURY
Send to: eBay Inc., Attn: Legal Counter-Notice, 2145 Hamilton Ave., San Jose, CA 95125.
Attach to this notice any relevant correspondence, including emails, with eBay or the intellectual property owner.
* This Counter-Notice complies substantially with the requirements of the Digital Millennium Copyright Act, 17 U.S.C. section 512.
*************
posted on October 12, 2000 01:32:52 PM new
Thanks magazine guy. Some of the legal stuff I don't understand, such as the part about the electronic signature and such. Hopefully if I ever get to that part eBay can help me with it. They've always answered my questions so far. Good reference, thanks.
Crystalline Sliver, if your import was not a promo (which aren't supposed to be resold), does this mean you can't sell any legit Metallica CD? That would mean any legitimate Metallica items can't be sold on eBay, along with Mary Kay, Waverly, and Nautica items--to mention a few of the items I've read about on these boards.
I edited to add on to Crystalline Slivers. I just did a search on Metallica Import and 39 items came up. I clicked on the ones fixing to end soon, and they weren't cancelled. Maybe you had bad timing?
Which brings up another point, if I had run my auction for 7 instead of 10 days, I wouldn't be having this problem today. The auction was cancelled on the tenth day. Must be the VeRO people do it in spurts...
[ edited by mzalez on Oct 12, 2000 01:41 PM ]
posted on October 12, 2000 01:45:25 PM new
Well, I guess you've got your solution then. List for 7 days and put "Selena" in your listing in "white text".
