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Fluke took down my Ebay listing for Trademark infringement

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Stray Electron:

--- Quote from: JPortici on March 24, 2024, 05:48:41 am ---
--- Quote from: MrMobodies on March 24, 2024, 05:34:02 am ---I wonder, is that anti-competitive behaviour from Fluke and Ebay?

--- End quote ---

There are services that will throw lawyers at anyone who says bad things about you or your brand, no matter if they are true or false

--- End quote ---

   Holland and Knight in Orlando is one such. They're on retainer for anyone that sues Ebay in Florida and they handle very large numbers of SLAPP lawsuits https://en.wikipedia.org/wiki/Strategic_lawsuit_against_public_participation.  H&K is The Largest law firm in Florida. No, that loud mouth Morgan & Morgan is not the largest firm despite what their ads say; they're only the largest firm of "Personal Injury" attorneys; aka Ambulance chasers.

SiliconWizard:

--- 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 ---

Yeah, although the fact that point should be legally enforced is debatable.

Anyway, that wasn't that here but just trademark issues - apparently just mentioning a trademark that you don't own is a problem. It may have gone a bit too far as some have said, although I don't have a strong opinion on this one either way.
To play devil's advocate, if you use some other company's trademark, even if you don't "shame" said company at all, to help you sell your products in any way, I'd say it can be borderline, as you're effectively leveraging their image to help yours.
So, yeah. Claiming it's trademark "infringement" is a bit excessive though.

coppercone2:

--- Quote from: mendip_discovery on March 24, 2024, 12:51:07 pm ---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.

--- End quote ---

this part I agree with it should not be in the search term

It better be fluke compatible or a fluke if I search for fluke. 'Fluke like' is just troll advertising. If there was a possible alternatives mini-list or something that shows up that might be OK but not in the main results. Search engines need to work properly . At least for sales listings on a sales website it should be orderly.

David Aurora:

--- Quote from: mendip_discovery on March 24, 2024, 12:51:07 pm ---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.

--- End quote ---

This, 100%.

SeanB:
Yes just say it has better specs than older multimeters, and that as a bonus the leads are compliant with modern standards, and are interchangeable with all meters that comply to IEC standards for safety. That hits the right words, and does not mention the nematode worm at all.

You can off course go and take a picture of one in a local stream, so you own the copyright on it, and put the picture in the listing as well. Has to be your own picture though, no copyright of others to interfere, and put the info in the Exif data of the presumed species of nematode worm.

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