[interested2know]

I am listing on eBay and using, say the words "meow meow collars". I have been told that these are trademarked words and I have looked them up and indeed they are. I also have been told I cannot use them in any form - I changed my listing as they requested and find my sales are down 50% because my customers cannot find me. If you take a phrase such as Ralph Lauren Polo Shirts, then legally, no one can use the word "polo" ! There are 100 listings still appearing on the auction using those words and I want to know if I have any cause for suit - discrimination? Or?? Thank you.

[Clough]

Hi, interested2know!

What exactly are the types of items that you're trying to sell on eBay, please?

Also, have you tried any other sites to sell things?

Thanks!

[JudyKayTee]

I don't see discrimination here. I see you complaining that other people are violating a trademark.

I don't know why you think Ralph Lauren Polo Shirts is a trademark - it is not.

Ralph Lauren is.

Are you selling the actual meow collars or something similar or a knockoff? Perhaps the other people are selling the originals.

[JudyKayTee]

Hi, interested2know!

What exactly are the types of items that you're trying to sell on eBay, please?

Also, have you tried any other sites to sell things?

Thanks!

I don't see how this matters legally. These are "meow meow" collars, advertised on the Internet all the time. It's a trademarked item (obviously). I see the important part being whether OP is selling knock offs or the original thing.

For example, I can advertise Ralph Lauren shirts if I am SELLING Ralph Lauren shirts. I cannot if I am selling knock offs.

[ScottGem]

Did you ever think that your sales were as high as they were BECAUSE you infringed on someone else's trademark? So tis possible your sales were inflated and they are now down to normal.

[PellMell]

Words being included as part of a federally registered trademark does not necessary preclude others from being able to use those words. That is, to follow your example, if there were a registration for RALPH LAUREN POLO SHIRTS, there is no doubt that the Patent and Trademark Office would require the words POLO and SHIRTS to be disclaimed, meaning that the registrant of the mark does not have the exclusive right to those words in connection with the sale of polo shirts. In fact, the words are generic, so you would be able to use them in your eBay listing.

However, you cannot use RALPH LAUREN or any mark that is confusingly similar to RALPH LAUREN. If the mark you are using is not authorized by its owner, or if there is a likelihood of confusion between your mark and the other one, you are probably an infringer. There is not enough information in your post to give a better answer.

Sometimes trademark owners seriously overstep their bounds in policing their marks. If you think that is what has happened here, you should meet with a local trademark attorney to get the answer you need.

[JudyKayTee]

Words being included as part of a federally registered trademark does not necessary preclude others from being able to use those words. That is, to follow your example, if there were a registration for RALPH LAUREN POLO SHIRTS, there is no doubt that the Patent and Trademark Office would require the words POLO and SHIRTS to be disclaimed, meaning that the registrant of the mark does not have the exclusive right to those words in connection with the sale of polo shirts. In fact, the words are generic, so you would be able to use them in your eBay listing.

However, you cannot use RALPH LAUREN or any mark that is confusingly similar to RALPH LAUREN. If the mark you are using is not authorized by its owner, or if there is a likelihood of confusion between your mark and the other one, you are probably an infringer. There is not enough information in your post to give a better answer.

Sometimes trademark owners seriously overstep their bounds in policing their marks. If you think that is what has happened here, you should meet with a local trademark attorney to get the answer you need.

I disagree in part - if I am selling RALPH LAUREN shirts I CAN use the words "RALPH LAUREN" legally. I cannot sell knock offs using that name. RALPH LAUREN shirts are not a specific product; meow meow collars are.

I bought an Ed Hardy shirt on Ebay (brand new) and it was advertised exactly in that fashion; I bought a second shirt which was a knock off and EBay pulled the ad.

[Fr_Chuck]

Yes, if you have the real trademarked item, you can advertise them as such. If you want people to assume or think your product is something else, than what it is, then I is not allowed.