General > General Technical Chat
Fluke took down my Ebay listing for Trademark infringement
switchabl:
--- Quote from: RoGeorge on March 24, 2024, 07:06:17 am ---I vaguely remember something similar about fair advertising here, in EU, meaning you are not allowed to "shame" other brands while advertising yours, no matter if your product is better or not.
The idea is to not elevate your product on the expense of other brands, or by "borrowing" fame from another brand. Advertising by comparison (or by association), is not considered fair.
--- End quote ---
You are not allowed to "discredit or denigrate" ("Fluke 87 sucks by comparison") but comparison can be okay so long as it is objective, relevant and verifiable. "Better accuracy on voltage and current ranges, at lower cost" is likely fine (if true), "better value" would probably be considered too subjective. Putting "similar to X" in the title for the brand recognition and the keywords is almost always illegal (with some narrow exceptions on things like spare parts). See Directive 2006/114/EC, art. 4 for the list of criteria (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32006L0114)
--- Quote from: EEVblog on March 24, 2024, 07:07:07 am ---This is about trademark usage.
--- End quote ---
At least around here, unfair comparative advertising is a trademark violation, so the two questions are very much linked. Details in other jurisdictions may vary (but eBay as an international business might just apply a kind of lowest common denominator).
ebastler:
--- 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.
--- End quote ---
You didn't say -- did you use "Fluke" in the title of your listing, or somewhere in the description?
I agree with others that using it in the title amounts to keyword stuffing and should be discouraged. Using it in the description, on the other hand, e.g. for a factual performance comparison, would be fine with me -- but seems to be prohibited as well by the ebay policy you quoted?
MrMobodies:
--- Quote from: EEVblog on March 24, 2024, 08:06:45 am ---I'm thinking "The included probes are fully compatible with the Fluke 179" ;D
--- End quote ---
Will manufacturers complain about this one too, "Fully compatible with all major multi brand multimeters."
Assuming it is referring to their trademarks.
switchabl:
--- Quote from: ebastler on March 24, 2024, 03:38:09 pm ---I agree with others that using it in the title amounts to keyword stuffing and should be discouraged. Using it in the description, on the other hand, e.g. for a factual performance comparison, would be fine with me -- but seems to be prohibited as well by the ebay policy you quoted?
--- End quote ---
Yeah, to be fair, even if the trademark claim may be debatable, eBay policy on the matter seems very clear:
"Listings that make comparisons with other products are not allowed"
(https://www.ebay.com/help/policies/listing-policies/search-manipulation-policy?id=4243)
So, suing Fluke over this is probably not worth it. :-X
edpalmer42:
One point that hasn't been mentioned is the idea of 'defending your trademark'. There are lots of trademarks that have become generic words to describe a class of items like Kleenex, Band-aid, Aspirin, etc. If the companies don't defend their trademarks, they can lose them.[1][2][3] I've always thought it was interesting that in North America you 'vacuum' your carpet whereas in Britain, you 'hoover' it. I've got a Hoover (brand name) carpet cleaner. Has Hoover (the company) lost the trademark in Britain?
So, the companies go crazy with cease & desist letters, DMCA takedowns, etc. so they can show a future court that they have defended their trademark or intellectual property. It doesn't matter if the case is good or bad or whether they win or lose, they just have to show that they've defended their property.
I can't find the link, but I seem to remember that McDonald's, the fast food restaurant, sent a C&D letter to the head of the McDonald clan in Scotland!
Ed
[1] https://www.nytimes.com/2019/06/24/smarter-living/how-a-brand-name-becomes-generic.html
[2] https://www.consumerreports.org/consumerist/15-product-trademarks-that-have-become-victims-of-genericization/
[3] https://tvtropes.org/pmwiki/pmwiki.php/ScrewedByTheLawyers/RealLife
--- Quote ---An interesting case involving McDonald's came in the early 1990s, when they sued a South African businessman who was opening hundreds of fake McDonald's restaurants, complete with Big Macs. They lost this case because they had abandoned the trademark (not having operated in South Africa during The Apartheid Era), and ended up buying the guy out.
--- End quote ---
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