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Habitant
·I am a professional photographer of 30 years experience, some of which was spent at the sharp end of running (arguably) the most prestigious photographer's organisation. In my extensive experience of similar IP issues, I've had much call to deal with various legal departments of multinational companies who made similar over-reaching claims and challenges.
Just because someone calls themselves a lawyer, doesn't mean they know anything about intellectual property. In fact, most corporate lawyers (in my experience) have trained in commercial contract law, and know little of the ins and outs of IP law. They regularly make wild challenges; this approach quickly spreads through the uninformed minions in companies.
I suspect that this is behind this claim. Unfortunately, by hiding behind eBay (sure to take Swatch's side, regardless of right or wrong), they may 'win' whatever idiotic point they're trying to make. You make no claim to their trademark. You haven't shown us your exact listing, but I really don't see what they could lay claim to. All of eBay would crash to a halt if no one could note the brand of item they're selling.
Just because someone calls themselves a lawyer, doesn't mean they know anything about intellectual property. In fact, most corporate lawyers (in my experience) have trained in commercial contract law, and know little of the ins and outs of IP law. They regularly make wild challenges; this approach quickly spreads through the uninformed minions in companies.
I suspect that this is behind this claim. Unfortunately, by hiding behind eBay (sure to take Swatch's side, regardless of right or wrong), they may 'win' whatever idiotic point they're trying to make. You make no claim to their trademark. You haven't shown us your exact listing, but I really don't see what they could lay claim to. All of eBay would crash to a halt if no one could note the brand of item they're selling.
