Most Inane use of Lawyers I have seen...

[jeffremiller]

http://pages.ebay.com/help/tp/trademark.html

You may need to take a tutorial. The next time
you sell, you may be asked to take the tutorial,
if it's required. Once you've completed the
tutorial successfully, please review your
account status for any other possible concerns.
If there are no other issues, you should be able
to sell again.

To take the intellectual property tutorial,
please visit:

http://pages.ebay.com/help/tutorial/verotutorial/intro.html

Please be aware that any additional violations
of this policy may result in the suspension of
your account. eBay understands that you may be
concerned about this situation.We encourage you
to contact Heckler & Koch directly if you have
any questions.

[Frizzle Fry]

HK has been out for blood lately, especially with airsoft companies. Their beef with Tippmann started about a year when they discovered the fire selector swtich on the X-7 was a violation of their patent... Then they realized that "G36" shrouds and "MP5" foregrips were commonplace in paintball, and all were using their name unlawfully.

Go the easy route: MP7 = TM7 by BT.

How hard is it to switch a letter? Your "G36" becomes a "schmee schmirty schmix"

[jeffremiller]

Or I guess I could take the Un*x example and use MP* style.

But notice their comment about trademarked shape...

[zondo]

designation and shape are the sole
property of H&K and may not be used without its
permission.Heckler and Koch does NOT license
any manufacturer to make any modification kits
and/or marker guns that would replicate any
Heckler and Koch weapons. H&K vigorously
protects their trademarks and intellectual
property at all levels.
Trademark infringement is unlawful and violates
eBay's policies. A trademark is a unique sign
(such as a name, word, phrase, logo, or symbol)
that a company uses to identify its products
and/or services.

This almost sounds like you can't sell it period because the Tippmann products listed violate H&K's trademark design, not just using the name in the description.

[jeffremiller]

And on top of that, given H&K's complaint, I reviewed eBay policy and found the following:

It's actually against the law to sell "fakes" of popular brand names. Selling "fakes" or "replicas" violates trademark laws, even if you label your item as a fake. This is because "fakes" take advantage of a famous brand name and reduces sales of the real product. Manufacturers care about this because when someone violates a trademark this way, it reduces the sales of the real product.


Note that H&K stated that no replicas are allowed.

[teufelhunden]

Oh, right, this is paintball, IP is not allowed. No matter what. It's inane to protect what one has created, duh.

[jeffremiller]

Oh... Yes teufelhunden... I feel so sorry for H&K...

I expect Glock to try to pull all Clocks from ebay because they could cause brand confusion...

WTF??!!??

Stop the insanity...

Oh, right, this is paintball, IP is not allowed. No matter what. It's inane to protect what one has created, duh.

[Will Wood]

So a company is making something you believe is copying your trademark/patent .. and you go after Joe Blow selling it on ebay?

Sounds like they can't get anything against the Tippmann. Why bother with ebay? The money is already in Tippmanns hands. This doesn't hurt the company that is doing them "wrong" if you could even call it that.

[insixdays777]

That is wild. I cant believe they would even be looking at an individuals ebay postings. I cant imagine what they are doing to tippmann behind the scenes.

[WenULiVeUdiE]

Oh, right, this is paintball, IP is not allowed. No matter what. It's inane to protect what one has created, duh.

Completely agree with you, but "insixdays" is also right. It's just surprising a cease and desist was sent to an individual this time.

[wetwrks]

That is wild. I cant believe they would even be looking at an individuals ebay postings.

Odds are H&K isn't monitoring individual listings. They spot one and their lawyer sends a letter to ebay. Ebay monitors most if not all their listings and flags the ones like this.

I had something similar go on. I was selling an antique railroad lock and key. It got pulled as it is a key for transportation and involves security. Never mind that it is LONG out of use.

I am supprised we can still sell paintguns on ebay. They have been gradually moving farther and farther towards banning anything weapon related.

[Frizzle Fry]

I am supprised we can still sell paintguns on ebay. They have been gradually moving farther and farther towards banning anything weapon related.

I built an entire Mini30 on Ebay last year, sans firing pin and reciever parts... About 90% was there, though

[MoeMag]

Wow.

[Reiner]

What I don't understand is why they are doing this at all? Does H&K feel their sales of real guns decreases because people buy paintball look-alikes?

Seems to me if anything this is advertising for them.

[Hilltop Customs]

They have a image to maintain, paintball markers that are not produced by them could degrade that image in 2 ways.....if the markers are not quality that could reflect badly upon their name, and second they probably don't want their name associated with "toys".

It is odd they went after a private sale though. Probably because ebay has complete control over the sale and is known to be non-protective of its customers and is willing to bend over any time a legal issue is smelled in the wind.