General > General Technical Chat

Fluke took down my Ebay listing for Trademark infringement

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vk6zgo:
Some of the "IP" & trademark nonsense has gone "over the top".

A couple of years back, Apple "got their knickers in a twist" because Woolworths in Australia has a logo which is in the form of an unpeeling green apple which was also a stylised  "W".

"Woolies" took them on, it went to an Australian court & Apple "went home with their tail between their legs".

They should have known better than to try that on with a large Australian company in an Australian court, & on the flimsiest of premises.

mendip_discovery:
Sorry but I agree with Fluke and eBay. I remember having lots annoying adverts that would name drop the brand you are looking for but not actually be that brand. Remember the days of stuff with 'Cheap Multimeter, NOT Fluke 87' in the titles.

Unless you have valid reason to mention them as it's an accessory or such.

If you are saying you have better spec or features then be vague and say specification better than many other top brands. Rather than naming. It never paints you in a good light when you bad mouth the competition.

tooki:
Agreed. Without addressing the specifics of this instance, I’m in favor of policies that prevent keyword stuffing.

Mark:
Do you have any old Flukes you could sell on eBay?  Set the price high so it doesn't sell and include the text
"Please note, the specification on this meter is nowhere near as good as the EEVBlog 121GW Multimeter". 

bdunham7:

--- 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.

--- End quote ---

If the policy is simply that you may not use a trademark unless you are selling a genuine product of that brand or an accessory item compatible with that brand, then you've violated it.  While your comparisons to Fluke might well be acceptable in the US (or even Australia--IDK), eBay's policies have to cover everywhere your listing is visible.  Also, unless you appeal, they simply accept Fluke's representative's word that this is a violation and tell you to contact Fluke directly to resolve the issue.  Sometimes that might be the appropriate thing to do, but you also have the option of appealing with eBay.  Keep in mind that nobody has put even a minute's thought into this so far--they've just reacted in a reflexive manner to the trademark appearing in your listing.  Also keep in mind that 99% of similar complaints are probably legit issues with keyword spamming or similar things.

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