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Trademark violation - ever happened to you ?

  1. Alpha Kilt Owner, Beagle Parent, Omega Collector Jul 29, 2013

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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.
    [​IMG]
     
  2. ulackfocus Jul 29, 2013

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    What exactly is the offending part?
     
  3. cicindela Steve @ ΩF Staff Member Jul 29, 2013

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    Pictures?
     
  4. Alpha Kilt Owner, Beagle Parent, Omega Collector Jul 29, 2013

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    A couple of images of the culprit -

    IMG_3753.jpg IMG_3774.jpg IMG_3775.jpg
     
  5. X350 XJR Vintage Omega Aficionado Jul 29, 2013

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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?
     
  6. Alpha Kilt Owner, Beagle Parent, Omega Collector Jul 29, 2013

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    Ebay only state - "the item" so await Swatch Group reply.
     
  7. Alpha Kilt Owner, Beagle Parent, Omega Collector Jul 29, 2013

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    Lots of "bay" interest in the item but no questions also a few bids.
     
  8. LouS Mrs Nataf's Other Son Staff Member Jul 29, 2013

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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?
     
  9. Alpha Kilt Owner, Beagle Parent, Omega Collector Jul 29, 2013

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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:
     
  10. seamonster Respectable Member Jul 29, 2013

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    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.
     
  11. ulackfocus Jul 29, 2013

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    Sorry, but I don't see anything that violates a trademark any more than any other homage Sub does. ::confused2::
     
    MKelley and Spy like this.
  12. gatorcpa ΩF InvestiGator Staff Member Jul 29, 2013

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    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
     
  13. citizenrich Metal Mixer! Jul 29, 2013

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    List the item as "Submariner ripoff".

    That'll really confuse 'em.
     
  14. Central Scrutinizer hangs out in Joe's garage Jul 29, 2013

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  15. Alpha Kilt Owner, Beagle Parent, Omega Collector Jul 30, 2013

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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.
     
  16. AuBuyer Posh Nouveau Yank Jul 30, 2013

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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.
     
  17. Alpha Kilt Owner, Beagle Parent, Omega Collector Jul 30, 2013

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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:
     
  18. ulackfocus Jul 30, 2013

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    Make them prove you're wrong. ;)
     
  19. Alpha Kilt Owner, Beagle Parent, Omega Collector Jul 30, 2013

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    :thumbsup: Actually quite looking forward to a little sparring, could be quite good fun :D
     
  20. Alpha Kilt Owner, Beagle Parent, Omega Collector Aug 3, 2013

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    Well Swatch group obviously don't like to talk, so counter notice served via eBay. :)