IP Takedown Notice From Audemars Piguet

jimmyd13 · Sep 30, 2022

I'm a little (very) annoyed and also somewhat confused, so I thought I would reach out here to see if anyone has had any similar experience to what has happened this afternoon.

I have an Etsy store which sells a mix of antique jewellery, art and watches. Today I received a takedown notice for alleged patent infringement from Audemars Piguet. I have already contacted a solcitor (though I have a legal background) and will be issuing a DMCA Counterclaim in due course.

The notice that I received alleges an infringement of the Omega Trademark. This is as a result of me offering a 1950 Seamaster for sale. The watch is original and un-modified. In fact, it's a really good example of a 2577. I bought this for my own collection 5 or 7 years ago.

So while I wait for advice from my solicitor, has anyone else ever run in to such a, seemingly, absurd thing?

dsio · Sep 30, 2022

Wait AP claimed over an Omega trademark? Not Swatch Group?

jimmyd13 · Sep 30, 2022

dsio
Wait AP claimed over an Omega trademark? Not Swatch Group?

Yes

dsio · Sep 30, 2022

jimmyd13
Yes

Just to be clear your Etsy isn’t one that has like watch inspired bracelets or anything like that, there are a LOT of Etsy stores that are blatantly infringing IP of a watch brands with “inspired” accessories that are pretty close to the wind.

It does sound like either someone messed up or they have a firm operating on their behalf using algorithmic identification methods that got confused.

Evitzee · Sep 30, 2022

AP is privately owned and has no connection to the Swatch Group, not sure they would be getting involved regarding an Omega issue. Strange, but keep us posted on what's going on.

jimmyd13 · Sep 30, 2022

dsio
Just to be clear your Etsy isn’t one that has like watch inspired bracelets or anything like that, there are a LOT of Etsy stores that are blatantly infringing IP of a watch brands with “inspired” accessories that are pretty close to the wind.

It does sound like either someone messed up or they have a firm operating on their behalf using algorithmic identification methods that got confused.

Everything is vintage or antique and exceptionally original. There are no modified watches or bracelets; no franks. Some items are restored but they are done so faithfully with full disclosure using original parts or replacements that one or other of my watch makers have fabricated. None of those things apply to this listing.

This is a screenshot of the watch in question:

jimmyd13 · Oct 10, 2022

Update to this little debacle:

I contacted the lawyer who issued the takedown notice and had no response.

I then issued a DMCA Counterclaim. A week later the initial claim was withdrawn.

There has been no explanation of any sort so I really can't add anything else. If anyone here finds themselves in a similar position, I suggest that you don't waste time with anything other than the counterclaim. Details for the format can be found online.

Dan S · Oct 10, 2022

This is really bizarre.

jimmyd13 · Oct 10, 2022

Dan S
This is really bizarre.

It's more the week or so spent wondering what on earth I might have done wrong.

Mouse_at_Large · Oct 10, 2022

Non locus standi 🙄

bananapeanut · Oct 10, 2022

What's the advantage of selling a vintage Omega watch on Etsy as opposed to OF ? From what I can see, watches sell quickly here. What am I missing?

Dan S · Oct 10, 2022

bananapeanut
What's the advantage of selling a vintage Omega watch on Etsy as opposed to OF ? From what I can see, watches sell quickly here. What am I missing?

Nothing stopping a seller from listing in the Watches For Sale forum and also on etsy. Private Watch Sales is really just for low-volume non-dealers.

jimmyd13 · Oct 10, 2022

bananapeanut
What's the advantage of selling a vintage Omega watch on Etsy as opposed to OF ? From what I can see, watches sell quickly here. What am I missing?

Dan S
Nothing stopping a seller from listing in the Watches For Sale forum and also on etsy. Private Watch Sales is really just for low-volume non-dealers.

This. I don't want to be one of those who opens themselves to accusations of abusing their membership.

bananapeanut · Oct 10, 2022

Dan S
Private Watch Sales is really just for low-volume non-dealers.

Good to know. Thanks

Braindrain · Oct 10, 2022

jimmyd13
It's more the week or so spent wondering what on earth I might have done wrong.

Just reading this now.

In my old line of work, we often worked with a law firm who was contracted by several high profile couture brands at any time. Fyi, my focus wasnt IP infringement but we had some overlapping interests.

Anyways, they were busy. Very busy. And, given the monotonous grind of surveying Etsy (if that's what someone contracted them to do), I wouldnt very surprised if it was left to the interns - who are known to make mistakes. Often.

STANDY · Oct 10, 2022

bananapeanut
What's the advantage of selling a vintage Omega watch on Etsy as opposed to OF ? From what I can see, watches sell quickly here. What am I missing?

Etsy also has a lot more reach than Here.

dsio · Oct 10, 2022

jimmyd13
Update to this little debacle:

I contacted the lawyer who issued the takedown notice and had no response.

I then issued a DMCA Counterclaim. A week later the initial claim was withdrawn.

There has been no explanation of any sort so I really can't add anything else. If anyone here finds themselves in a similar position, I suggest that you don't waste time with anything other than the counterclaim. Details for the format can be found online.

I really do think it was probably just algorithm triggered. There are numerous entities that now file DMCAs and even initiate lawsuits on an entirely algorithmic / no humans involved basis. Which is frankly horrifying but it is what it is.

ghce · Oct 11, 2022

jimmyd13
Update to this little debacle:

I contacted the lawyer who issued the takedown notice and had no response.

I then issued a DMCA Counterclaim. A week later the initial claim was withdrawn.

There has been no explanation of any sort so I really can't add anything else. If anyone here finds themselves in a similar position, I suggest that you don't waste time with anything other than the counterclaim. Details for the format can be found online.

Continue the counterclaim siting emotional harm from an unjustified action, make em sweat!

I would seek professional advice from your lawyer for your next move.

jimmyd13 · Oct 11, 2022

dsio
I really do think it was probably just algorithm triggered. There are numerous entities that now file DMCAs and even initiate lawsuits on an entirely algorithmic / no humans involved basis. Which is frankly horrifying but it is what it is.

That may well be the case but if this is something that is going to increase I would expect that a physical person should sign off on the DMCA; and, that there should be a penalty for issuing numerous, frivolous, claims.

Now that this is fixed, I have no issue sharing the following if anyone wants to pick the bones out of it:

140dave · Oct 11, 2022

Weird. Why would AP try to enforce the Omega TM? Just double checked the TM registry and it is the right info but the owner is indeed Omega, not AP as one would assume. Strange story, I guess the answer is stay off Etsy.

IP Takedown Notice From Audemars Piguet

jimmyd13

dsio

jimmyd13

dsio

Evitzee

jimmyd13

jimmyd13

Dan S

jimmyd13

Mouse_at_Large

bananapeanut

Dan S

jimmyd13

bananapeanut

Braindrain

STANDY

dsio

ghce

jimmyd13

140dave

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