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Re: [OM][OT] VeRO on epay

Subject: Re: [OM][OT] VeRO on epay
From: Regan Conley <reganconley@xxxxxxxxxxxxx>
Date: Sun, 12 Oct 2003 22:49:20 -0400
You might send a note to Evilbay reminding them that this issue has been dealt with and they are lucky that they haven't been included in any litigation. (Turns out knitters, of all people, can get pretty crabby. One blogger summarized this as "You really shouldn't mess with people who have a hobby that makes them adept with big metal needles.") You might want to go ahead and file a complaint against one Bob Saloman at the same time. Then I'd send one Bob Salomon a note reminding him that his abuse of VeRO can lead to his suspension from the evil auction site. You might want to mention the principle of first sale relating to selling original materials.

You may wish to read the following:
http://www.girlfromauntie.com/journal/alice/021122seller2veroended.asp
http://www.tabberone.com/Trademarks/Vero/articles/articles.html

In summary: You're allowed to sell your used stuff to whoever you please even if the stuff is copyrighted (as long as its the original stuff, not a copy). And you're allowed to say what the stuff is even if the name is trademarked, and you're allowed to say what it can be used for even if that involves mentioning a competitor. (There are exceptions to this if the stuff came with a license -- as software, baseball tickets, and some other things do in the US -- because you may not have technically bought the stuff, just the license).

Regan
I'm not a lawyer, and the main source of my legal knowledge is Perry Mason re-runs.


andrew fildes wrote:

I listed a Heliopan filter (49mm Light Green - anyone, anyone...?) and was immediately threatened by one Bob Salomon (sounds familiar) that he was the US agent for Heliopan and I was 'not allowed' to offer any Heliopan item to a potential US buyer on pain of customs confiscation and legal action. Further and more annoyingly, he was able to have it delisted by evilbay under their VeRO program and they in turn threatened me with suspension. EXCUSE ME! Since when was selling a used item illegal?




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