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Fluke took down my Ebay listing for Trademark infringement

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tggzzz:

--- Quote from: EEVblog on March 24, 2024, 03:15:21 am ---Fluke have reported and had the ebay listing for my EEVblog meter removed because they didn't like that I dared mention Fluke in the listing.
So you aren't allowed to say a meter is "better spec than" "cheaper than" "better value than" etc.
And I can't edit the listing either, I have to create a whole new one.

--- End quote ---

But now you can have some fun :)

Change the wording to "better than Flooke[sic] (see last two pictures)", where those pictures are the takedown notice.

As a wise man almost said a long time ago, far far away: "Remember to use the Striesand Effect, Luke".

jonpaul:
Dave, Bonjour, VERY interesting post! My specialty as inventor and EE, with many Fluke (TM) meters.

1/ In  USA//UK/EU law the Trademark and patent holders are responsible to persue any infringement /misue or risk loss of the trademark or patent.
I m unaware if AU law may follow this common IP law practice.  ANY misuse of a widely know mark held by a large corp eg "Dolby" can and will be persued by their legal dept.
E.g. at Dolby Laboratories back to 1970s we had an entire legal and engineering team to enforce Dolby  patents and trademarks,  even  individual's misuse.
Failure to enforce the TM/Pat/IP can lead to their trademark being legally chalanged and becoming public property.


2/ Trademark law in most countries allows use of the trademark but NOT    "comparative disparagement"
Your listing compares and disparages the Fluke meter.
 
https://www.lexology.com/library/detail.aspx?g=9426f6d2-3aa9-42a6-96fd-c0b56daf0fd6
That misuse can lead to a  potential damage to the Fluke  trademark  reputation.
Example: OK: "Drink Pepsi, it a great thing"
NG  "Pepsi is healthier than Coca-cola"

Thus  you can list any Fluke meter and mention Fluke but advertising or listing "better than Fluke" is not allowed and risky.
The notice and letters are rouitne "boilerplate " and required to defend the Fluke mark.

3.  The EULA/T&C of Ebay,  will have a term saying that Ebay  has the right to reject any listing arbitrarilary. Thus,  use of Ebay  site is not a "right" but a "privelidge" .
I believe that instead of your use of Fluke in the ebay post, you could instead just have a table of comparison of specs,  features  but mention just the model # but not the wod  Fluke.
EEVBLOG #     287   87   187 


Bon Chance!

Have an Absolutely fantastic day!

Jon (EE '68)

(since 2003, I have survived and won 160 IP litigations )

watchmaker:
Dave,

Be careful.  I know it is vexing and the temptation to bait the bear (or crocodile).  I have had IP actions initiated by a rejected potential partner that resulted in me being awarded full service rights by a watch company after they realized what happened.  (I was actually sent a C&D and yelled at the attorney on the phone for 20 minutes).

BUT, you can easily go down a money pit. 

Suggestion.  Call your contacts at Fluke and ask what Hell is going on.  My IP lawyer suggested I go into the lion's den and I met with execs and the international counsel and wound up being rewarded.  The associate initiating the action is very low level and the grown ups tend to be reasonable.

But avoid pouring fuel on the fire!

nctnico:

--- Quote from: SiliconWizard on March 24, 2024, 05:58:57 am ---Comparative ads with explicit names of competitors are illegal in some countries (it is over here, although I don't know the intricate details.)
I don't know which law eBay is following exactly, it's probably a huge legal mess due to its international nature, like most online businesses.

--- End quote ---
Agreed. And shaming your competitors is rather lame anyway. As if buyers are stupid. In the end: if you have to tell people you are better, you most likely aren't.

tggzzz:

--- Quote from: nctnico on March 24, 2024, 11:27:18 am ---
--- Quote from: SiliconWizard on March 24, 2024, 05:58:57 am ---Comparative ads with explicit names of competitors are illegal in some countries (it is over here, although I don't know the intricate details.)
I don't know which law eBay is following exactly, it's probably a huge legal mess due to its international nature, like most online businesses.

--- End quote ---
Agreed. And shaming your competitors is rather lame anyway. As if buyers are stupid. In the end: if you have to tell people you are better, you most likely aren't.

--- End quote ---

Shaming competitors was one thing that was verboten at HP, at least when Bill and Dave were alive.

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