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Post subject: ARE YOU ALLOWED TO SELL fender GUITARS on eBay
Posted: Wed Jul 04, 2007 8:08 pm
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Hi folks,

Fender Australia keep stopping my auctions, they own the brand name in Australia, I cannot understand why they are doing this,I am selling guitars at half the RRP price in australia ? any thoughts thanks..


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Posted: Wed Jul 04, 2007 8:09 pm
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Have you tried contacting them to see what the problem is?

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Posted: Wed Jul 04, 2007 8:12 pm
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The lawyer is the only person that will talk to me, no repsonse from fender australia, basically they claiming they own the word fender in Australia and I am parallel importing ? Crazy as there are thousands of items on eBay with the word fender, fender Australia charge up to 4 times what folks in the usa pay for guitars example SRV $3599 AUD or 2800 USD, EJ 4599 or $3670 USD I am selling guitars much lower than that and there are others in the same boat. I do not claim I am fender authorized at all, but lots of auctions at ebay.com.au are being yanked by ebay


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Posted: Wed Jul 04, 2007 8:13 pm
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i've seen a fair share of fenders on ebay, but i'm in the US so i'm not sure what the issue is regarding selling them in australia


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Posted: Wed Jul 04, 2007 8:14 pm
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Interesting. I would like to hear an answer to this too.

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Post subject:
Posted: Wed Jul 04, 2007 8:24 pm
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Ebay response when I asked if they would help, fender australia send a long winded email about brand rights, its massive

Thank you for writing back about this issue.

Please be informed that repeat violation of eBay policies would
jeopardise your eBay account. Also, we regret that we are not able to
provide you with the sworn statement from the rights owner at this time.
Any Notices of Claimed Infringement we receive are for the use of eBay,
International AG. and the Legal Content Holder to which it is addressed
and may contain information that is privileged, confidential, and exempt
from disclosure under applicable law. You will have to go through a
formal discovery process to get this information. However, you can get
an idea of what a Notice of Claimed Infringement looks like by following
the links below:

http://pages.ebay.com.au/help/community ... gement.pdf


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Posted: Wed Jul 04, 2007 8:29 pm
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that seems odd considering you pretty much have to use the brand name when selling anything on ebay... i don't see what the trouble with selling a "fender" guitar is.... people sell "rolex" watches and "parker brothers" play sets or whatever on ebay and it doesn't seem to trouble them... it's just describing the product you're selling.... i'm confused


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Post subject:
Posted: Wed Jul 04, 2007 8:29 pm
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hopefully I will not get nailed for asking fellow guitar players what they think :) email from ebay

The rights owner, Fender Australia Pty Limited, 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.


The following information may help explain the reason for your listing(s) removal:

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.

Using another company's trademark in a way that may confuse buyers about the source of goods or services, or confuses buyers into believing that the seller is affiliated with, sponsored by or endorsed by the trademark owner is both illegal and against eBay's policies. Examples include counterfeits, unauthorised replica items and items that bear the brand or logo of a company without that company's permission.

Guideline: If the product you are listing bears the brand or logo of a company, but it wasn't made or authorised by that company, don't sell it on eBay.

Parallel import laws may prohibit the unauthorised importation of branded products into certain other countries. Sellers who intend to ship branded items outside of the country for which the item was intended for distribution may be required to get authorisation from the trademark owner to sell those items in other countries. This may be true even if the good is genuine and legal to distribute in the seller's country.

For more information visit the following Help page:

http://pages.ebay.com.au/help/policies/importation.html

For more information visit the following Help page:

http://pages.ebay.com.au/help/policies/trademark.html

The rights owner reported the following information:


Fender Australia is the registered owner of the following Trademarks:
"Fender" Reg. No 200084;
"Fender" Reg. No 200085;
"Fender" Reg. No 717440;
"Stratocaster" Reg. No 297258;
"Strat" Reg. No 339610;
"Telecaster" Reg. No 297259;
"Tele" Reg. No 339609;
"Squier" Reg. No 249172;
"Squier" Reg. No 382205;
"Super Bullets" Reg. No 296142;
Image "F" Reg. No 673147;
Image "F" Reg. No 673146;
The "distinctive head stock shape" of the STRATOCASTER® guitar, the FENDER® JAZZ BASS guitar and certain FENDER® PRECISION BASS guitars Reg. No 858748;
The "distinctive head stock shape" of the TELECASTER® guitar and certain FENDER® PRECISION BASS guitars Reg. No 858747;
The law provides that no one is permitted to use any of Fender Australia's trade marks in relation to the goods in respect of which they are registered (whether that use be in advertisements, catalogues, brochures, point of sale material, banners, or in any other manner offering for sale or selling goods bearing those trade marks), except with Fender Australia's authorisation as trade mark owner.


We encourage you to contact Fender Australia Pty Limited directly if you have any questions. You can send an email to:

jmarcic@fender.com.au

For more information on how eBay protects Intellectual Property visit the following Help page:

http://pages.ebay.com/help/tp/programs-vero-ov.html


Your eBay fees for this item have been credited to your account. All bidders on this item have been notified of its cancellation.

IMPORTANT NOTICE: Repeated violations of this or other eBay policies may result in the suspension of your account.

eBay understands that it can be frustrating to have a listing removed. If you have further questions, you can take the following steps:

The rights owner has created an About Me page that contains information to help you understand why removal of your listing was requested. For
more information about the rights owner, please go to:

http://cgi3.ebay.com/ws/eBayISAPI.dll?V ... raustralia

- Take eBay's brief tutorial on Intellectual Property Policies and VeRO
- Read the ended listings FAQ at http://pages.ebay.com/help/confidence/v ... sting.html
- Ask eBay a question using the link on the above help page

Thank you in advance for your cooperation.

Regards,

eBay Trust & Safety


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Post subject:
Posted: Thu Jul 05, 2007 9:04 am
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Let me point out something that should be obvious:

It doesn't matter what a bunch of guitar players think.

What matters is the law of your land. If you are importing new Fender guitars in some way that violates Fender Australia's rights to the trademark, then you're screwed, no matter how many guys on the internet tell you how unfair it all is.

It sounds like you are selling new Fender guitars (not used ones, whihc is what all those other auctions are) and are in violation of parallel import laws. In which case, tough beans. Fender Australia owns the trademark rights, you don't, next case.

Now, if you are selling used guitars, then I'm just as confused as you are.


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Posted: Thu Jul 05, 2007 9:48 am
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I don't think you can sell new Fender's as new unless you are an authorized dealer. Please correct me if I am wrong.


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Post subject:
Posted: Thu Jul 05, 2007 9:57 am
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chris63 wrote:
I don't think you can sell new Fender's as new unless you are an authorized dealer. Please correct me if I am wrong.


I do believe you are correct.

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I didn't Lose my mind, I traded it for this guitar.


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Post subject:
Posted: Thu Jul 05, 2007 10:11 am
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There are literally hundreds of Fender-related auctions on eBay Australia as we speak -- I think it's fair to say that you're leaving out some crucial details that distinguish your auctions from the others that are proceeding along in hunky dory fashion. (For example, perhaps your stuff is advertised as new product?) That said, there's no one here who can speak authoritatively to the matter -- if you have further concerns I'd ask that you please take 'em up with our legal department.

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