Listings removed for copyright violation...all I did is use the name of the product!!

[ELDawson]

Hello all, I'm new to eBid. I had two listing removed overnight with no e-mail to explain why, so I e-mailed customer support. I used my own pictures, I used my own description, I included the receipt to show they were real!!! HELP!!! (And by the way, there are other auctions for other Monster brand headphones with pictures/descriptions showing/saying Monster)

Here are the support e-mails:

"To whom it may concern,
I am writing to determine why my listings (number 47870990 and 47869727) were removed. I have read the post rules and don't believe I violated anything.

I would simply like to know why they were removed, and what I need to
do to repost them.

Best Regards, Edward Dawson"
----------------------
"Hi Edward,

Your listings were removed as they infringe the rights of Monster Cable Products, Inc by using Copyrights belonging to Monster Cable Products, Inc

Best Wishes
eBid Support Team"
-------------------------------
My response (don't know if that e-mail can receive incoming mail):
"Support Team,

Can you tell me how they infringe on the rights? I don't believe it is inappropriate to use the name "Monster" in the title or description as they are a product of Monster Cables. How is a person to sell things without using the name of the product in the title or description? What do I need to do to *not* infringe the rights? I didn't copy any images from their website, I didn't copy text from their website - I simply used the name of the product in the desciption.

Best Regards,
Edward Dawson"
---------------------

Here was my listing:

"I have for sale (10), new in the box, factory shrink wrapped, Black Monster Beats by dr Dre Studio headphones.

In the box: headphones, touring case, cleaning cloth, 1/8-inch to 1/4-inch adaptor, 2 AAA batteries, Airline adapter.

Please research the product on other web pages, as I don't want to have a "trademark violation," as I was plagued with on ebay These headphones are 100% authentic. I have a pair, and they are awesome!! Sound is very clear, they are super comfortable, fold for travel. Great product!

The MSRP is $349.99, you can get them in a store for $299.99 +tax, they are a DEAL at $225 + shipping!!

I have attached the original receipt You can clearly see that I have (10) Model 127801, UPC 050644450334 headsets. This correlates to the attached UPC photo for the Black headphones. You will not be disappointed with these headphones!!! 100% authentic!!

Shipping via USPS Priority Mail Flat rate medium box ($10.95) to CONTINENTAL US addresses only (this includes APO/FPO, understand it will take longer to get there). Will ship the business day following funds confirmation.

No returns.
"

[ELDawson]

Here is the latest reply from eBid:

"Hi Edward,

We have been advised by Monster Cable that the posting of these items infringes the rights of the Company by using Copyrights belonging to Monster Cable Products, Inc., including but not limited to: Monster Cable, Beats by Dr. Dre, Monster Turbine, and Heartbeats by Lady Gaga.

Please refrain from posting items that may infringe third party intellectual property rights.
Thanks for your co operation."

Someone please explain to me how I am infringing on copyrights, please please please.

THERE ARE OTHER PEOPLE SELLING ITEMS BY THE SAME MANUFACTURER!! How are people supposed to sell anything if we can't use the name of images of the product (that we took ourselves). I guess I'm out $50 for seller+lifetime and $2.50 for each posting (featured listing).

[astral276]

Likely Monster Cable themselves have complained about your ad. If so, eBid's actions would depend if they referenced your ad specifically or made a general compliant against any listings selling their products.

See: http://www.monstercable.com/where_to_buy/authorized.asp for the likely complaint.

Really, the only people that can answer your queries properly are admin.

eBid are not currently on their 'blacklisted' site list - but could soon be.

I am unsure if such restrictions on selling are really for the sake of the customer or to maintain the markup the company makes.

[TonyBridger]

No one on these forums can answer your question. You need to contact Monster Cable Products, Inc to find out why they believe you are infringing their copyright

[ELDawson]

Thanks Astral and Tony,

I am currently writing to legal@monstercable.com, I'm sure they are going to tell me to stuff it. This is a company that tried to get a mininature golf chain (Monster Mini Golf) in New England to change their name because the use of "Monster" might confuse 5 year old kids.

~Edward

[suesjools]

Thanks Astral and Tony,

I am currently writing to legal@monstercable.com, I'm sure they are going to tell me to stuff it. This is a company that tried to get a mininature golf chain (Monster Mini Golf) in New England to change their name because the use of "Monster" might confuse 5 year old kids.

~Edward

IMHO that's really crummy, but unfortunately some companies are like that. Hope you get this sorted soon.

Best wishes for many sales to all,

[ELDawson]

I agree that it is crummy. This is what I wrote to Monster, and their reply.

"To Whom it May Concern,

I am writing concerning my inability to sell your products, that I purchased legally, on auction sites. Below is an e-mail that I received from eBid.net on behalf of your company, no doubt.

"We have been advised by Monster Cable that the posting of these items infringes the rights of the Company by using Copyrights belonging to Monster Cable Products, Inc., including but not limited to: Monster Cable, Beats by Dr. Dre, Monster Turbine, and Heartbeats by Lady Gaga.

Please refrain from posting items that may infringe third party intellectual property rights.
Thanks for your co operation."

Is it illegal to sell goods that I have purchased legally? It is illegal to post images of items that I bought, or use the name of the product in the description? I posted the receipt with the sale to demonstrate the legitamacy of the articles.

I would like to know what copyright articles I have violated by the below posting and attached images (I would like specifics so I don't have to guess please). Using a product name for a legitamate product shouldn't infringe on copyrights:

"I have for sale (10), new in the box, factory shrink wrapped, Black Monster Beats by dr Dre Studio headphones.

In the box: headphones, touring case, cleaning cloth, 1/8-inch to 1/4-inch adaptor, 2 AAA batteries, Airline adapter.

Please research the product on other web pages, as I don't want to have a "trademark violation," as I was plagued with on ebay These headphones are 100% authentic. I have a pair, and they are awesome!! Sound is very clear, they are super comfortable, fold for travel. Great product!

The MSRP is $349.99, you can get them in a store for $299.99 +tax, they are a DEAL at $225 + shipping!!

I have attached the original receipt You can clearly see that I have (10) Model 127801, UPC 050644450334 headsets. This correlates to the attached UPC photo for the Black headphones. You will not be disappointed with these headphones!!! 100% authentic!!

Shipping via USPS Priority Mail Flat rate medium box ($10.95) to CONTINENTAL US addresses only (this includes APO/FPO, understand it will take longer to get there). Will ship the business day following funds confirmation.

No returns."

Thank you in advance.

Best Regards,"
-------------------------------
"Edward,

Why are you certain they are real?

Our investigations shows you are selling fakes, which is illegal.

Dave"
----------------------
"Dear Mr. Tognotti,

I understand that selling fakes is illegal, which is why I don't do it. If I was selling fakes, I probably wouldn't go through the effort to find out why Monster asked them be removed.

I am certain that they are real because I personally purchased them from a retailer. I included the receipt on the posting that showed the model numbers and UPCs.

I'm not trying to swindle anyone. I'm not swindling the buyers because the items are real. I'm not swindling Monster because I have already paid my own money to purchase them - and your company has already profitted from the sale.

I look forward to finding a way to be able to sell these items, it that is possible. I have attached the receipt, if that helps at all.

Best Regards,
Edward"

[HerMajesty]

I wonder what investigation they did that shows them to be fake......sounds a bit lame......it will be interesting tohear their response.

[astral276]

Have to admit, what baffles me the most is why anyone would pay nearly 300 quid for a set of headphones. Must be people with more money than me.

[terry5732]

Monster is a shyster company

When buying their product, 99% of what you pay is for name