Here is what Ebay is replacing the auctions with.
*****************
IF YOU ARE HERE BECAUSE YOUR AUCTION WAS CANCELLED
Please be advised that your listing was removed by eBay at the request of YANMAR. You have infringed YANMAR’s trademark, trade dress or copyright by attempting to sell your item.
YANMAR zealously protects its intellectual property rights, which include trademarks and trade dress. You hereby are on notice that YANMAR will not permit items which infringe its intellectual property rights to be sold on eBay.
Thank you in advance for your cooperation.
Frequently Asked Questions (FAQ)
1. Why was my auction ended?
Your auction was ended because it infringed upon YANMAR’s trademarks, trade dress or copyrights (intellectual property rights).
YANMAR has the responsibility and the right to protect its trademarks, trade dress and copyrights. YANMAR representatives monitor sales on eBay and other sales venues to ensure that YANMAR intellectual property rights are not infringed.
Examples of such infringement include, but are not limited to:
Trademarks – any unauthorized use of a registered trademark or a common law trademark owned by YANMAR, such as items using the YANMAR name (word marks) or YANMAR logo (stylized marks associated with YANMAR as a source indicator) on products not authorized for sale or use in the United States by YANMAR is trademark infringement.
Trade Dress – any item that copies the overall shape, profile and unique appearance of YANMAR products; for example, copying the appearance of a YANMAR tractor is trade dress infringement.
Copyrights – unauthorized copies of printed materials, such as YANMAR operator manuals are copyright infringements.
2. Why can’t I sell a single unauthorized item?
YANMAR has spent considerable time, money, and effort developing its reputation and goodwill through marketing its products – the YANMAR brand is now famous. Sellers of unauthorized items who attempt to make money using the YANMAR name or the appearance of YANMAR product designs, are attempting to transact business based on the company’s acquired distinctiveness, goodwill and reputation. The apparent association with products not authorized by YANMAR for sale or use in the United States damages the company’s reputation and can cause confusion about the origin, sponsorship and safety of these other goods.
3. Can I list the item if I don’t use the name YANMAR?
No. Even if the item does not say YANMAR, the distinctive look (trade dress) of a YANMAR tractor or other product may not be copied – it is infringement.
4. Can I list the item if I say it’s a replica or copy?
No. A disclaimer about the goods offered for sale, such as “copy“ or “replica” or “model” does not protect an infringing sale from state and federal law regarding the sale of infringing or counterfeit items.
5. Why are others allowed to sell these items?
No one is allowed to sell copyrighted, trademarked or trade dress infringing items without a license from the manufacturer. While we make efforts to police the marketplace, some infringing items may be missed. You are not being singled out. All manufacturers and sellers of infringing items that YANMAR is aware of or becomes aware of are put on notice of YANMAR’s intellectual property rights and pursued if they do not stop infringing.
6. What will happen if I re-list the item?
In the short term, you will be suspended from eBay.
In the long term, if you do not obey the law and you re-list items, you may be seen as willfully breaking the law and you will subject yourself to civil liability for your continued infringement and the consequences of your continued infringement. YANMAR proactively protects its intellectual property rights.
7. I purchased the item legitimately, why can’t I re-sell it?
As mentioned above, infringing products may at times be offered for sale, and innocent purchasers may unknowingly buy infringing products. Nevertheless, the existence and sale of such products is still considered infringement. If you sell an infringing product, you have infringed YANMAR’s intellectual property rights whether you meant to infringe or not.
8. What if I didn’t know I couldn’t list the item? Ignorance of the law is not a defense or excuse to copyright and trademark or trade dress infringement. Now that your auction has been ended, you are on notice that the item you attempted to sell is unauthorized. Subsequent listings of such items increases the risk that YANMAR will pursue the protection of its intellectual property rights against you.
The above is provided to you for informational purposes only and is not a full expression of YANMAR’s rights, duties and obligations.
*************
Aaron
Parts@HoyeTractor.com
(940)438-0386
