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NISSAN says Trademark Violation listings removed?!

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As some of you may know I'm making the plug and play harness's for us Datsun folk with Megasquirt. From that I became an authorised Megasquirt re-seller and started listing my harness's with other MSPNP (Megasquirt Plug and play ECU'S) that are already out there from DIYautotune. I just got a message from eBay saying 4 of my listings were removed based on trademark violation. They were all Nissan related two of them being them being the  harness's I make and the other two were MSpnp ecus for 240sx 

 

I am so baffled right now I dont know how this could happen. Ebay is clearly scared so they took them off right away not even caring to look into the matter. These are MY harness that I made for Megasquirt, none of my listings had ANY Nissan/Datsun logos. Furthermore, there are still seller's of the same MSPNP ECU's exactly what they took off. If this a case using the name than any product made for aftermarket OR even stock replacement should be taken down.

 

this is the message I got today

 

After reviewing your eBay account, we've taken the following action:
- Listings have been removed. A list of items that were removed can be viewed at the bottom of this message.
- We have credited all associated fees except for the final value fee for your listing(s).

Your listing was reviewed after receiving a report from the rights owner that your listing used their trademark without their permission. We urge you to contact the rights owner directly for more information about why they requested the review of your listing and whether you can relist the item.

For more information on our VeRO program, please visit:
http://pages.ebay.com/vero/infoforusers.html

If you have more questions, contact our policy experts:
http://ocsnext.ebay.com/ocs/cusr?query=1337&=PTB1213



Please be sure your current and future listings follow these guidelines, keeping in mind that additional violations could result in the suspension of your account.

The rights owner or an agent authorized to act on behalf of the rights owner, Nissan Motor Co., Inc., notified eBay that this listing violates intellectual property rights. When eBay receives a report of this type of violation, we remove the listing to comply with the law.
 

We encourage you to contact Nissan Motor Co., Inc. directly if you have any questions.

You can send an email to:
[email protected]

For more information on how eBay protects Intellectual Property, or for additional information if you believe that your listing has been removed as a result of an error or misidentification, please visit the following Help page:
http://pages.ebay.com/help/policies/programs-vero-ov.html

To learn more about rules for sellers, go to:
http://pages.ebay.com/help/policies/seller-rules-overview.html

Here are the listings that were removed:
201989079017 - PNP Megasquirt 2 ECU standalone ECU & HARNESS W/ fuse/relay BOX Datsun Nissan z
201989092287 - NISSAN DATSUN Z new PLUG & PLAY MEGASQUIRT 1 2 3 HARNESS w/ fuse relay box MS2
201996013236 - MegaSquirtPNP Gen2 standalone ECU 89-94 Nissan 240SX altima sentra ka24 sr20de
201996352518 - MegaSquirt PNP 96-98 Nissan 240SX 97-01 Altima standalone plug and play ECU emu


We appreciate your cooperation.

Thanks,

eBay

Please don't reply to this message. It was sent from an address that doesn't accept incoming email.

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I wonder how difficult it would be for someone to report your ads to eBay "as Nissan."  Spoofing e-mails isn't difficult and if your competitors can easily get your ads removed, it means more money for them.  

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Call them up, whois shows a phone number.

Updated 1 second agorefresh.png
 
DOMAIN INFORMATION
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MarkMonitor Inc.
 
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REGISTRANT CONTACT
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Organization:
Nissan North America, Inc
 
Street:
1 Nissan Way,
 
City:
Franklin
 
State:
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Postal Code:
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Nissan North America Inc
 
Organization:
Nissan North America, Inc
 
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City:
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State:
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Postal Code:
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Nissan North America Inc
 
Organization:
Nissan North America, Inc
 
Street:
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City:
Franklin
 
State:
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Hi,

    Looking at you Adds as listed in the first post, to me it reads as Nissan parts. Maybe it's as simple as changing your add to read " will fit Nissan (whatever model)". or "suits Datsun".

Just a thought. Wording of an add can change buyers perception.

Hope you get it sorted.

regards

David.

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Hi,

    Looking at you Adds as listed in the first post, to me it reads as Nissan parts. Maybe it's as simple as changing your add to read " will fit Nissan (whatever model)". or "suits Datsun".

Just a thought. Wording of an add can change buyers perception.

Hope you get it sorted.

regards

David.

 

 

 

Just remove the name "nissan".

 

What I don't understand is the thousands of advertisements using every single manufacturer name in their listings for a crappy generic plastic aftermarket part.

 

Why aren't they subject to the same treatment?

 

Thanks guys.

Well I sent them an email saying the issue is ridiculous for all reasons you mentioned above and more . If they don't reply by tomorrow according to eBay I am allowed to relist. Oh and I shouldn't have to remove the name Nissan just cause a stupid bot or whatever picked it up as copyright infringement !  Just like you mentioned there are thousands more like millions of ads containing Nissan not just on eBay but every platform you could think of and most of them being crappy generic,,,.

 

Sad part about it is if they only knew how die hard I am to Nissan and Datsun! oddly enough my brother is a Nissan Salesman lol

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Don't worry about it. It's because you have the name NISSAN in your listing so they don't want people to think it's a Nissan part. We've had it come up before and it wasn't a big deal.

 

Just revise the listing and move on. No need to worry.

 

Ben

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Posted (edited)

Nissan Legal wanted at one  time to sue all the Z-Car Clubs in the Nation because of the very same issue.
These are the same people who tried to trademark the letter "Z".

They have lawyers, money, and time. Gotta dance the dance and not use their trademarks unless you have that little disclaimer somewhere in the ad you always see (the words 240Z, 240SX, blah blah blah indicates only suitability for application and not an endorsement or whatever they always write by Nissan, Nissan North America, or Nissan Motor Corporation...

 

Welcome to Murrica!

Don't forget the fight Mr. Nissan had with his websites that predated the Auto Manufacturer!

Edited by Tony D

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Posted (edited)

 

 

Porsche couldn't call their 1965 type 901 because Peugeot had trademark on three digit identification with a zero for the middle digit.

 

Is that why Ferrari 308 is so expensive? Royalties on the "0".....

Edited by Trevor

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Hi,

    Looking at you Adds as listed in the first post, to me it reads as Nissan parts. Maybe it's as simple as changing your add to read " will fit Nissan (whatever model)". or "suits Datsun".

Just a thought. Wording of an add can change buyers perception.

Hope you get it sorted.

regards

David.

 

We have had some of our other resellers get into the same problem, but they've never gone after our own auctions. Our wording is slightly different, and I think that's why we haven't been hit. We typically describe a model specific part as something like "Racing _____, fits Nissan 240SX" or "for Nissan SR20DET" - resellers who use something like "Nissan ___________" have fared considerably worse. It seems like listing what you've got first, followed by the magic words "fits" or "for" are what you need.

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