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Trademark violation - ever happened to you ?

Alpha
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Received a mail from ebay regarding a Hamilton diver I have listed, trademark violation complaint from Swatch group and as such item has been removed.
Have mailed Swatch and await a reply.
Not an item I know anything about as it was acquired in a batch of other pieces from an impeccable source and as such I would be able to obtain a refund without problem.
Item is listed in the fs and if it is deemed best I have no problems with its removal.
22841-395bf1644b1477f18ec6a0e0304858ab.jpg
 
Alpha
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A couple of images of the culprit -

IMG_3753.jpgIMG_3774.jpg IMG_3775.jpg
 
X350 XJR
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Only time I've run into an issue would be with Cartier for use of the term "TANK" which they own the rights to for watches.

I don't seen any issue with the watch in question, do they know their own wares?
 
Alpha
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U ulackfocus
What exactly is the offending part?


Ebay only state - "the item" so await Swatch Group reply.
 
Alpha
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Lots of "bay" interest in the item but no questions also a few bids.
 
LouS
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I really don't get it. It's not a fake. You are not misrepresenting it or claiming to be an authorized dealer. What's their beef? Just shotgun intimidation?
 
Alpha
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My initial response was is it really worth the hastle for a relatively low priced item?
On reflection a point of principle is at stake, time for the wee guy to fight his corner.
First point will be to see how long Swatch take to reply and the content of that reply. :thumbsup:
 
seamonster
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Alpha Alpha
Received a mail from ebay regarding a Hamilton diver I have listed, trademark violation complaint from Swatch group and as such item has been removed.
Have mailed Swatch and await a reply.
Not an item I know anything about as it was acquired in a batch of other pieces from an impeccable source and as such I would be able to obtain a refund without problem.
Item is listed in the fs and if it is deemed best I have no problems with its removal.
22841-395bf1644b1477f18ec6a0e0304858ab.jpg

Respectable Member Alpha

This is rather interesting.

If the authorities want to talk about 'trade-mark violation', they should go after those Ukraninian-made Omega, Rolex, Patek Philippe and IWC watches, etc, and not this Hamilton of yours. There plenty of them to keep the authorities busy for a year or so, if not more.

Thank-you.
 
U
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Sorry, but I don't see anything that violates a trademark any more than any other homage Sub does. ::confused2::
 
gatorcpa
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seamonster seamonster
If the authorities want to talk about 'trade-mark violation', they should go after those Ukraninian-made Omega, Rolex, Patek Philippe and IWC watches, etc, and not this Hamilton of yours. There plenty of them to keep the authorities busy for a year or so, if not more.

Ah, yes. But then, eBay would be threatening a large source of revenue!

What I think we are dealing with here is a misinformed employee of Swatch Group-Hamilton who has no sense of the history of the brand. They've likely never seen this model before and have incorrectly assumed it was fake. They complained to eBay, who yanked the listing.

There really is no recourse here. My guess is that if Alpha waits a month or two and re-lists the item, it should sell with no problem.
gatorcpa
 
Alpha
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Many thanks for all your comments, my total agreement with each and every one.
It's quite obvious that this piece has been around for some time, perhaps the problem is my one is fresher than most?
I trust that "junior" at Swatch does a little more investigating :whipped:

Will keep all informed.
 
AuBuyer
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I have run into this several times over the years selling for myself and also for the shops I work with.

The "bots" they use to search for names just churns them up and tells eBay.

It happens.
 
Alpha
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Just hope the bots get there buts in gear and reply to my mail asap, decided seventy two hours is pretty fair ?
Then let's see what transpires :whipped:
 
Alpha
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U ulackfocus
Make them prove you're wrong. ;)

:thumbsup: Actually quite looking forward to a little sparring, could be quite good fun :D
 
Alpha
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Well Swatch group obviously don't like to talk, so counter notice served via eBay. :)
 
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