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Fluke took down my Ebay listing for Trademark infringement

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EEVblog:

--- Quote from: jpanhalt on March 24, 2024, 09:15:46 am ---Of course, the ultimate decision is up to eBay, and it can enforce any prohibition it wants (with limits) without regard to what the law actually allows.
--- End quote ---

It's not up to Ebay. They deliberately put this system in place and it's self reporting system, so the legal onus is pushed back onto the trademark owner. It's very clear in the email that ebay play no part in this apart from providing the system of reporting.

EEVblog:

--- Quote from: edpalmer42 on March 24, 2024, 08:20:00 pm ---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] 
--- End quote ---

Fluke famously did that with Sparkfun and their "trade dress" trademark. a.k.a the yellow holster colour for multimeters.
https://www.sparkfun.com/news/1428
I don't think this falls under the same category of "defend it or lose it".

EEVblog:

--- Quote from: jonpaul on March 24, 2024, 09:32:16 am ---2/ Trademark law in most countries allows use of the trademark but NOT    "comparative disparagement"
Your listing compares and disparages the Fluke meter.

--- End quote ---

Thanks, that seems to be the keyword, and yep, it seems to be a thing in Australia:
https://www.mmwtrademarks.com.au/blog/using-a-competitors-brand-is-it-legal/#blog-alert-modal

EEVblog:

--- Quote from: watchmaker on March 24, 2024, 10:58:09 am ---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. 

--- End quote ---

I'm not stupid enough to spend a cent in time or legal costs to fight this, apart from making people aware of what's happened.
It is in fact rather funny, so I'll just have fun with it.


--- Quote ---Suggestion.  Call your contacts at Fluke and ask what Hell is going on.
--- End quote ---

Nope, not worth the time. They have a Trademark team who's job it is protect their trademarks, and they will use every avenue of the law to do it, right down to the case of the Sparkfun meters of having them seized at the US border.

AndyBeez:


Take this as a possible compliment. Fluke are afraid, very afraid. That's if their executives even know what Vero is, or multimeters are :-//

But they will certainly take note of a YouTuber with close to a million subscribers  :popcorn:

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