I think there is no need to come on so strong. You missed the whole point of the UP license fiasco thing if you have been following the MTH lawsuits been covered in the MR magazines. License fees is old news but what UP did was that they refused to continue to honour the licensing agreement that was signed years ago and before they can reach an agreement, UP start sueing MTH and others. So apparently MTH forked out a lot of his own money fighting for it and they settled outside the court for a new arrangement. It’s all because of UP’s greed wanting a bigger slice of the already small pie.
I hardly have much these days and I do have better things to do. But if I don’t let everyone know and people like you just think it’s a fact of life and I am just a crying baby then you are wrong. I said I am for capitalism and I know about intellectual property but when the greed of a multi-billion dollar giant start to bully on people, then that’s injustice because they know we cannot fight them on our own. Knowing
Well, see, this is such a gray area! Have you ever bother to read the new Copyright notice that’s on the latest DVD’s? Theoretically, your DVD isonly for your own personal use ONLY and you cannot show it to anyone else not to mention a large crowd. So during the school movie nights and things like that, that’s a infringement of the copyright. So you better not show any photos of your layout because if you show it on a public forum and it’s not licensed, then that’s a breech on its own! So again, I am the victim because I did not make the darn thing, my wife gave it to me as a birthday present and I am selling it to help paying for my phone bill, what&#
Unless you’re manufacturing the thing and did NOT get a product license from Boeing to do so, they are NOT the cause of your listing being pulled, whether e-bay told you that or not. But I get the nebulous impression that you ARE manufacturing your own model, from your second paragraph in your first post. Is this true?
Boeing (and Airbus, for that matter, and Ford, and GM, and…) license toy and model makers to manufacture likenesses of their products, including using the company name and product designations on them. Of course they control who manufactures facsimilies of their products - it provides some quality and corporate image control.
If you were ignorant of having to do this, now you know better. Go get the appropriate agreements in place. If you just decided you didn’t have to follow US and foreign trademark laws, be glad you’re not being sued by Boeing.
OOPS! While I was writing this I see that you say you are not making them. So talk to e-bay and get a true explanation of what happened. This is not Boeing’s doing.
Probably more to do with the ORIGINAL manufacturer of said diecast model producing a non-licensed model of the Boeing aircraft, but unless the sellar IS the manufacturer, and you are selling it second hand on Ebay, they technicly have NO RIGHT to go after you legally. They can however harrass Evil-bay to have them remove it. I would relist as:
Diecast Jumbojet 747
Then add in the description "Forced by undo influence of corporate paperpushers to remove said aircraft manufacturers name from this diecast TOY! I AM NOT the manufacturer I am mearly selling off my stuff via the electronic swap meet known as Ebay so why they are pissing on me in beyond me. Now you know what this is a model of, and I know what this is a model of but the pinhead lawyers at the aircrafts manufacturers apparently dont want anyone to know who made this so here is a generic diecast jumbo jet that the pencilnecks in Seattle apparently dont want YOU to know who made it. Note to laywers, why dont you go and find who originally made this toy and piss on them and not the guys who have no say on whether this is or is not a licensed product, oh what, would that mean possibly ticking off the PRC and that would be bad for business so its better to pick on the small guy? Shakespeare was right “First off, we kill all the laywers”
I would not suggest doing this. At best, it borders on libel. If e-bay were stupid enough to leave it in place, you might be leaving yourself open to some serious repercussions.
Well, see, this is such a gray area! Have you ever bother to read the new Copyright notice that’s on the latest DVD’s? Theoretically, your DVD isonly for your own personal use ONLY and you cannot show it to anyone else not to mention a large crowd. So during the school movie nights and things like that, that’s a infringement of the copyright. So you better not show any photos of your layout because if you show it on a public forum and it’s not licensed, then that’s a breech on its own! So again, I am the victim because I did not make the darn thing, my wife gave it to me as a birthday present and I am selling it to help paying
Please see the post above, it’s a gift from my other half, end of story! It is Boeing’s doing, They requested the removal as a member of eBay’s ‘VeRO’ programme whateer that was. I actually got a reply from Boeing and I just called the guy as well and he explained to me the problem was that I mentioned the brand that is not a proper licensee and he was pretty cool about this and gave me some pointers so I can sell them no problem.
The moral of the story is, there will always be people trying to cut corners and try to get under the radar. And getting caught is only a matter of time. My wife laugh at me all the time by buying genuine DVD’s rather than like Joe Bloke next door just download them off the net and watch them for free. But I am a legitimate person and I get done wrong by, I get angry. So there you go! Don&#
Well, see, this is such a gray area! Have you ever bother to read the new Copyright notice that’s on the latest DVD’s? Theoretically, your DVD isonly for your own personal use ONLY and you cannot show it to anyone else not to mention a large crowd. So during the school movie nights and things like that, that’s a infringement of the copyright. So you better not show any photos of your layout because if you show it on a public forum and it’s not licensed, then that’s a breech on its own! So again, I am the victim because I did not make the darn thing, my wife gave it to me as a birthday present and I am selli
Thats what I figured, just relist it using more generic terms. Since you got a chance to clear things up with Boing dont bother with my “suggested” relisting [;)]
Refreshing to here that when you spoke to one of the suits at Boeing that they were pretty good about it and offered some pointers, I’ve heard absolute horror stories in regards to other licensing and copyright issues where Joe Public gets caught in the flamethowers of Big Business where the sharkskins just get medievel with some poor schlameal who just happened to unknowingly be trying to resell some bootleg product they had no idea was not licensed or counterfieght.
Yes, I am for one all for open honest communication to avoid war at all cost. Just too bad not everyone think the same as me.
It was in the news near where I am earlier this week, some guy’s surname is McDonald and he opened a cafe and put out a sign says ‘Today’s Special - McDonald’s Gourmet Burger’ and he got a nasty letter telling him to remove all signs, menus and chalkboard specials contaning the word ‘Mcdonald’s’, ‘Macca’s’, ‘Big Mac’ or ‘McDonald’s Gourmet’ etc or he will have to face a thousand lawyers sueing his pants off. So he had no choice but to spend $50 in spray paints and a whole afternoon spray painting all his signage and get rid of his chalkboard! A true story!
Well, see, this is such a gray area! Have you ever bother to read the new Copyright notice that’s on the latest DVD’s? Theoretically, your DVD isonly for your own personal use ONLY and you cannot show it to anyone else not to mention a large crowd. So during the school movie nights and things like that, that’s a infringement of the copyright. So you better not show any photos of your layout because if you show it on a public forum and it’s not licensed, then that’s a breech on its own! So again, I am the victim because I did not make the darn thing, my wife gave it to me as a birthd
The most readily identifiable - and protected - trademarks in the world are Coca-Cola® and Coke®; Coca-Cola® has “goon squads” which go around to evil infringers in the fast food environment and ask for Coke®. God help the outfit who does not inform these people that, “I’m sorry but we sell Pepsi®; is that okay?” Coca-Cola® has actually forced fast food outlets out of business with trademark infringe
Have I missed something; a post that has absolutely nothing to do with model railroading or model railroaders has now run for two pages. That’s the joke!
Iceman What brand is it? I collect diecast jetliners and I sell Boeing all the time without problem, for example if it is a Gemini jets Brand just list it under Gemini Jets.
Someone told me that the reason Prince became “The Artist Formerly Known as Prince” was that the music company he had a contract with claimed they owned the trademark “Prince.”
The Anaheim Ducks hockey team used to be “The Mighty Ducks,” a trademark owned by Disney. They had to change their name when Disney sold the team.
I agree with all the above comments about companies wasting their legal dollars for this kind of name protection. I agree that it creates a more negative image for the companies.
According to copyright laws a company has to protect it’s copyrighted assets or risk losing the copyright. If the copyright is not protected by either a liscence agreement or a cease and desist order it can lose the right to the copyright.
In the case of the product that started this thread, it appears that it might not have been a liscensed product, I don’t know for sure. If it is a liscensed product there is a provision in the copyright laws under the Right of First Sale clause. This section of the laws permits properly liscensed and copyrighted material to be resold with out any problems.
The first-sale doctrine is a limitation upon copyright that was recognized by the U.S. Supreme Court in 1908 and subsequently codified in the Copyright Act of 1976, 17 U.S.C. § 109. The doctrine of first sale allows the purchaser to transfer (i.e. sell or give away) a particular, lawfully made copy of the protected work without permission once it has been obtained. That means the distribution rights of a copyright holder end on that particular copy once the copy is sold.
What this says for example is… once you purchase or otherwise legaly obtain a model of a Boeing 747 that is a properly liscensed product, you own the liscense to that particular piece. This gives you fair right to resell or give it in good faith to another person. Once ownership transfers you no longer have a right to that piece.