softopz Posted July 27, 2017 Share Posted July 27, 2017 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.htmlIf you have more questions, contact our policy experts:http://ocsnext.ebay.com/ocs/cusr?query=1337&=PTB1213Please 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:brandprotection@mm-nissan.comFor 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.htmlTo learn more about rules for sellers, go to:http://pages.ebay.com/help/policies/seller-rules-overview.htmlHere are the listings that were removed:201989079017 - PNP Megasquirt 2 ECU standalone ECU & HARNESS W/ fuse/relay BOX Datsun Nissan z201989092287 - NISSAN DATSUN Z new PLUG & PLAY MEGASQUIRT 1 2 3 HARNESS w/ fuse relay box MS2201996013236 - MegaSquirtPNP Gen2 standalone ECU 89-94 Nissan 240SX altima sentra ka24 sr20de201996352518 - MegaSquirt PNP 96-98 Nissan 240SX 97-01 Altima standalone plug and play ECU emuWe appreciate your cooperation. Thanks,eBayPlease don't reply to this message. It was sent from an address that doesn't accept incoming email. Quote Link to comment Share on other sites More sharing options...
JSM Posted July 27, 2017 Share Posted July 27, 2017 I know it is baffling. I'd suggest creating a new eBay account and modify the ad. I'm sure if you try and contact Nissan it will go into the ether. Quote Link to comment Share on other sites More sharing options...
Namor Posted July 27, 2017 Share Posted July 27, 2017 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. Quote Link to comment Share on other sites More sharing options...
socorob Posted July 27, 2017 Share Posted July 27, 2017 Call them up, whois shows a phone number. Updated 1 second ago DOMAIN INFORMATION Domain: mm-nissan.com Registrar: MarkMonitor Inc. Registration Date: 2013-10-07 Expiration Date: 2017-10-07 Updated Date: 2015-09-06 Status: clientDeleteProhibitedclientTransferProhibitedclientUpdateProhibited Name Servers: ns1.markmonitor.comns2.markmonitor.comns3.markmonitor.comns4.markmonitor.comns5.markmonitor.comns6.markmonitor.comns7.markmonitor.com REGISTRANT CONTACT Name: Nissan North America Inc Organization: Nissan North America, Inc Street: 1 Nissan Way, City: Franklin State: TN Postal Code: 37067 Country: US Phone: +1.6157255164 Email: @mm-nissan.com ADMINISTRATIVE CONTACT Name: Nissan North America Inc Organization: Nissan North America, Inc Street: 1 Nissan Way, City: Franklin State: TN Postal Code: 37067 Country: US Phone: +1.6157255164 Email: @mm-nissan.com TECHNICAL CONTACT Name: Nissan North America Inc Organization: Nissan North America, Inc Street: 1 Nissan Way, City: Franklin State: TN Postal Code: 37067 Country: US Phone: +1.6157255164 Email: @mm-nissan.com RAW WHOIS DATADomain Name: mm-nissan.comRegistry Domain ID: 1830266012_DOMAIN_COM-VRSNRegistrar WHOIS Server: whois.markmonitor.comRegistrar URL: http://www.markmonitor.comUpdated Date: 2017-07-02T04:00:13-0700Creation Date: 2013-10-07T12:57:27-0700Registrar Registration Expiration Date: 2017-10-07T00:00:00-0700Registrar: MarkMonitor, Inc.Registrar IANA ID: 292Registrar Abuse Contact Email: @markmonitor.comRegistrar Abuse Contact Phone: +1.2083895740Domain Status: clientUpdateProhibited (https://www.icann.org/epp#clientUpdateProhibited) Domain Status: clientTransferProhibited (https://www.icann.org/epp#clientTransferProhibited) Domain Status: clientDeleteProhibited (https://www.icann.org/epp#clientDeleteProhibited) Registry Registrant ID:Registrant Name: Nissan North America IncRegistrant Organization: Nissan North America, IncRegistrant Street: 1 Nissan Way,Registrant City: FranklinRegistrant State/Province: TNRegistrant Postal Code: 37067Registrant Country: USRegistrant Phone: +1.6157255164Registrant Phone Ext:Registrant Fax:Registrant Fax Ext:Registrant Email: @mm-nissan.comRegistry Admin ID:Admin Name: Nissan North America IncAdmin Organization: Nissan North America, IncAdmin Street: 1 Nissan Way,Admin City: FranklinAdmin State/Province: TNAdmin Postal Code: 37067Admin Country: USAdmin Phone: +1.6157255164Admin Phone Ext:Admin Fax:Admin Fax Ext:Admin Email: @mm-nissan.comRegistry Tech ID:Tech Name: Nissan North America IncTech Organization: Nissan North America, IncTech Street: 1 Nissan Way,Tech City: FranklinTech State/Province: TNTech Postal Code: 37067Tech Country: USTech Phone: +1.6157255164Tech Phone Ext:Tech Fax:Tech Fax Ext:Tech Email: @mm-nissan.comName Server: ns5.markmonitor.comName Server: ns4.markmonitor.comName Server: ns2.markmonitor.comName Server: ns7.markmonitor.comName Server: ns1.markmonitor.comName Server: ns6.markmonitor.comName Server: ns3.markmonitor.comDNSSEC: unsignedURL of the ICANN WHOIS Data Problem Reporting System: http://wdprs.internic.net/>>> Last update of WHOIS database: 2017-07-27T13:28:44-0700 <<<The Data in MarkMonitor.com's WHOIS database is provided by MarkMonitor.com forinformation purposes, and to assist persons in obtaining information about orrelated to a domain name registration record. MarkMonitor.com does not guaranteeits accuracy. By submitting a WHOIS query, you agree that you will use this Dataonly for lawful purposes and that, under no circumstances will you use this Data to:(1) allow, enable, or otherwise support the transmission of mass unsolicited,commercial advertising or solicitations via e-mail (spam); or(2) enable high volume, automated, electronic processes that apply toMarkMonitor.com (or its systems).MarkMonitor.com reserves the right to modify these terms at any time.By submitting this query, you agree to abide by this policy.MarkMonitor is the Global Leader in Online Brand Protection.MarkMonitor Domain ManagementMarkMonitor Brand ProtectionMarkMonitor AntiPiracyMarkMonitor AntiFraudProfessional and Managed ServicesVisit MarkMonitor at http://www.markmonitor.comContact us at +1.8007459229In Europe, at +44.02032062220For more information on Whois status codes, please visithttps://www.icann.org/resources/pages/epp-status-codes-2014-06-16-en related domain names markmonitor.com icann.org internic.net .co$29.88 $0.98BUY NOW *Offer ends 27th July 2017 UTC Hot Deals! .PRO @ $4.88 .SITE @ $3.28 $29.88 Quote Link to comment Share on other sites More sharing options...
socorob Posted July 27, 2017 Share Posted July 27, 2017 Call markmonitor up and tell them their analytics sucks and to whitelist your ads. It must have been a certain word combination you used that triggered this. Quote Link to comment Share on other sites More sharing options...
softopz Posted July 28, 2017 Author Share Posted July 28, 2017 Oh ok thanks I'm going to try that. This is so ridiculous that it has come to this. Quote Link to comment Share on other sites More sharing options...
Trevor Posted July 28, 2017 Share Posted July 28, 2017 I had the same problem selling some NOS NGK spark plugs with "Nissan" in the eBay auction title. Quote Link to comment Share on other sites More sharing options...
Enzo250gto Posted July 31, 2017 Share Posted July 31, 2017 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. Quote Link to comment Share on other sites More sharing options...
HowlerMonkey Posted July 31, 2017 Share Posted July 31, 2017 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? Quote Link to comment Share on other sites More sharing options...
softopz Posted August 2, 2017 Author Share Posted August 2, 2017 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 Quote Link to comment Share on other sites More sharing options...
bens1088 Posted August 4, 2017 Share Posted August 4, 2017 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 Quote Link to comment Share on other sites More sharing options...
Tony D Posted August 10, 2017 Share Posted August 10, 2017 (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 August 10, 2017 by Tony D Quote Link to comment Share on other sites More sharing options...
HowlerMonkey Posted August 18, 2017 Share Posted August 18, 2017 Porsche couldn't call their 1965 type 901 because Peugeot had trademark on three digit identification with a zero for the middle digit. Porsche named it the 911 instead. Quote Link to comment Share on other sites More sharing options...
Trevor Posted August 21, 2017 Share Posted August 21, 2017 (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 August 21, 2017 by Trevor Quote Link to comment Share on other sites More sharing options...
Matt Cramer Posted August 23, 2017 Share Posted August 23, 2017 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. Quote Link to comment Share on other sites More sharing options...
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