Greg, I wish I could say I was surprised at eBay's conduct, but their insanity, arrogance and self-serving conduct knows no bounds. At the same time they are hassling you for selling reproduction decals for bikes which are either extinct or whose manufacturers have no interest in selling replacement decals, they have ignored for over a month my complaint of having been sold counterfeits of Santini, Nalini and Giodana jerseys, some still in production by the legitimate manufacturers.
So in a case where there is not attempt to deceive, the copyright holder is not harmed and buyers are benefitted by obtaining otherwise unavailable goods, they use a heavy hand. But when goods are deliberately misrepresented, buyers are defrauded, and manufacturers are deprived of sales they clearly would have supplied, they do nothing.
I suspect, as you say, one company complained, and threatened to sue. And eBay must have thought the company in question has enough funds to sue and might possibly do so. So they are, as usual, covering their own behinds, with no concern at all about sellers, buyers or anything so quaint as fairness.
I think this situation points up one of the biggest problems in restoring bikes. Producers of repro decals often don't want to advertise their goods for fear of being hassled by bike manufacturers. And the manufacturers, while harrassing repro producers, have no interest in supplying decals themselves. So repro decals have to some extent become and "underground" activity, to the benefit of no one.
Regards,
Jerry Moos Big Spring, TX
Greg S <gtsoftley@ozemail.com.au> wrote:
Hi crew,
Only a couple of days ago I wrote a lengthy post concerning my
angle/take on the decals that I produce and predominantly sell on ebay.
Well.......it didnt take long...ebay contacted me with a violation of
trademark issues email originating from ebayit. that will be followed up
with direct contact later this week. Its seems more than a coincidence
that I have been selling for nearly two years yet suddenly a notice like
this arrives following debate on the CR list. Anyway, it will sort
itself out and I will follow ebay's ruling as I imagine it's only one
company that has taken issue - a bit like the 'Colnago' cross
referencing that was policed a while back and resulted in a few of my
auctions being knocked on the head when selling Campy parts.
The manufacturers of modern cycles that enjoy a long and illustrious
history, when selling their modern bikes owe us all a great debt, as we
are perpetuating this history - modern companies dont see the economic
sense or logic by supporting us with retro parts and decals. To me, and
I have been around for a while, it would be a fantastic promotional coup
if the likes of Colnago, Derosa, Merckx and other prominent companies
who had successful racing teams in the late 20th century were to sponsor
a retro TDF using current champions over a shorter course maybe two
weeks before the main event as a primer. The machinery should be
original, maybe Dale can scrutineer!, with concessions for rubber.
Possibly period classes and no later than mid 80s. This might give the
edge to the older manufacturers marketing wise, encourage massive
interest in vintage steel and of course make all of our parts stashes
quadruple in value!!
Will keep you guys updated on my ebay situation....maybe time to build a
proper website.
Greg Softley
Coffs Harbour
Australia