eBay Listing Removed - Please Help!

Hey everyone. Haven't been using the forum much in recent years, but have definitely been enjoying the car. However, I'm moving from Los Angeles to Europe at the end of the month, which means selling my Speedster. I'm excited about Europe, but not about selling the car. Oh well, can't have the cake and eat it.

With that said, i posted an ad on eBay yesterday for the car. There was a lot of interest in the first 12 hours it was up, including 40 watchers and several bids. However, I woke up this morning to find that Porsche had removed the listing. No info was given, except that it was a violation of the verified rights. 

There are several other Speedsters on eBay, some of them even calling the car a "Porsche" in the listing title (a thing I did not do). I even see people listing them in the actual Porsche section on eBay, as opposed to the Replica/Kit Makes section where they belong. These auctions regularly finish without issue. The car has a Subaru 2.5 motor in it, but I can't imagine that having anything to do with the auction being pulled. It also has authentic Porsche Fuchs wheels, but they're real! Actual real wheels made by Porsche, not fake. So I doubt that's an issue.

My question is this. Does anyone have any inside info on why this happens? maybe a specific technicality? I have just over twenty days to sell this car, and eBay is by far my best chance of doing so. I know a lot of guys on here sell Speedsters on eBay regularly. Please forward this topic to them if you can. I'm at a loss here. 

I attached a couple pics of the car in case that helps. I have loads more. Any help anyone can provide would be much appreciated. My window to sell this car is small, and this is giving me a huge amount of stress and anxiety that I don't want to be dealing with. Having to sell the rest of my stuff, move out of my house, and all the other things that come with moving to a foreign country for the first time is plenty of stress for me, I assure you.

Thank you in advance, seriously.

 

front1back4

1957 CMC(Flared Speedster)

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Original Post

Some get away with it on eBay ...but, Porsche more so recently has been hammering on eBay to end and remove replica cars that have the Porsche script and any related Porsche licensed badges  You can relist as a "Replica Speedster ( Porsche doesn't own the Speedster name) with no reference to Porsche in your ad and cover or remove any badges and scripts on the car photos.

Boy, that sucks.  Things must be real slow over in the legal Dept at Porsche, they have to hassle with these small potatoes.  So we can pixilate the badging, or fuzz them over, and all is jake?  And How about Carerra, do they own that too?  I'd bet not.  Aside from the crest on hood (too small to read) , that's all I see here.

Alan Merklin posted:

Some get away with it on eBay ...but, Porsche more so recently has been hammering on eBay to end and remove replica cars that have the Porsche script and any related Porsche licensed badges  You can relist as a "Replica Speedster ( Porsche doesn't own the Speedster name) with no reference to Porsche in your ad and cover or remove any badges and scripts on the car photos.

Unfortunately, eliminating all Porsche references in text and photos didn't work for me and probably won't work for you.  Not only did they delete my ad after I revised it, they suspended me for 7 days. eBay said that once Porsche has identified a car as a "counterfeit" due to "trademark violations" it cannot be reposted. Period end of story.

Try Hemmings with your edited pictures and text. 

Troy Sloan posted:

Unfortunately, eliminating all Porsche references in text and photos didn't work for me and probably won't work for you.  Not only did they delete my ad after I revised it, they suspended me for 7 days. eBay said that once Porsche has identified a car as a "counterfeit" due to "trademark violations" it cannot be reposted. Period end of story.

Try Hemmings with your edited pictures and text. 

Wow.

That makes me want to plaster Porsche badges all over my car, and I'm a dedicated "no P-badge" guy.

It seems more companies are working to enforce their brand.

I listed a Rickenbacker Guitar, a real Rickenbacker Guitar. I was contacted and told that because I had replaced the tuners with better tuners (not made or sold by Rickenbacker Guitar), I could not list the guitar as a Rickenbacker Guitar.

Ferrari does similar things every day, you can not sell it as a Ferrari, if it has aftermarket brake pads.

I think freedom of expression should rule and Ebay should work for you not for copyright enfringement.  

I would contact ebay and tell them that no one owns my guitar after I bought it but me.  If I want to list it as  Rickenbacker I have complete right to do so.  

I mean you could list a Ford with modified tail pipes.  Get a life Ebay and Rickenbacker !!!!

Roy Simpson, FF Plastic Porsche posted:

It seems more companies are working to enforce their brand.

I listed a Rickenbacker Guitar, a real Rickenbacker Guitar. I was contacted and told that because I had replaced the tuners with better tuners (not made or sold by Rickenbacker Guitar), I could not list the guitar as a Rickenbacker Guitar.

Ferrari does similar things every day, you can not sell it as a Ferrari, if it has aftermarket brake pads.

We should all do a post on Facebook... Wake them up... ... done... 

I am curious as to who contact you Roy?  Do you have an email address?  PM it to me 

Very frustrating, but also rather comical. I’m still waiting for someone - ANYone - to rationally explain to us how, from a legal perspective or otherwise, this could be in any way harming the carefully crafted Porsche brand. My several lawyer friends mindlessly regurgitate the standard legalese response when I ask them about it, but when I (as a matter of pure recreation) deconstruct each of their statements and explanations they stammer and blubber and drool all over themselves trying to defend this ridiculous stance.

Porsche is obviously not manufacturing these cars anymore, no case can be made that the replica 356 industry has hurt the value of the original cars, and no one looking to purchase an original car is ever going to be fooled by a replica car - ESPECIALLY one clearly designated as a ‘reproduction’ or ‘replica’ car (hmmm . . . . . .??).  Hopefully, at some juncture, Porsche legal will direct their considerable legal prowess and talent at those TRULY threatening the Porsche trademark - or is THIS really the extent of their legal prowess and talent???

 

Roy Simpson, FF Plastic Porsche posted:

It seems more companies are working to enforce their brand.

I listed a Rickenbacker Guitar, a real Rickenbacker Guitar. I was contacted and told that because I had replaced the tuners with better tuners (not made or sold by Rickenbacker Guitar), I could not list the guitar as a Rickenbacker Guitar.

Ferrari does similar things every day, you can not sell it as a Ferrari, if it has aftermarket brake pads.

This happened in 2011 or 2012. I got a certified letter from the law firm that handles all of Rickenbacker Guitar Trademark cases.

It also included a letter from the California Attorney General's Office (signed by Kamala Harris) stating she backs all Rickenbacker Guitar Trademark cases.

I sold the guitar locally.

I will never own another Rickenbacker Guitar.

Understand that Porsche does not own the likeness copyright for the Speedster or Speedster name. They do own the name Porsche - 356 - Porsche crest & Porsche scripts - I do believe they own 550 too. I don't believe they own the actual Spyder name ...I can post when I get my inquiry  reply.   I think what is happening with with eBay once the P company Gulag squad notifies eBay of a particular car ad, eBay just wipes it off the auction board and a "flag" is on that particular sale.  What I plan to do in the future is list it as  a "Speedster Replica " in the auction ad header line and  in the first lines of my auction ad test I will address the P issue as follows. Att:  Porsche Inc. & eBay Inc.   This replica vehicle or the associated auction does not violate any copyright trademark infringements in any particular whatsoever . There is no representation of the Porsche name, Porsche crest, Porsche 356, Porsche name plate or scripts depicting same or reference to Porsche Inc. on the physical car as well as within the auction ad text..... 

This is unreal. I bought this car on eBay. Other replica Speedsters are on eBay right now as we are reading this. This is so stupid. Now I don't know what to do. I have twenty days to complete a sale for a car that is one of the most niche cars possible, and therefore has no agreed value. What do I do? How much do I sell it for? I'm sort of panicking here.

Here is the Porsche letter with my name removed.

Dear Mr. XXXX,

Thank you for your email.

Please note that you are not allowed to use our trademarks (including e.g. PORSCHE, PORSCHE SPEEDSTER, CARRERA, SPYDER and the PORSCHE crest) for products (whether or not the signs are on the item itself or within the product title), which are not manufactured by our company or with the consent of our company.

Replica cars bearing our trademarks are not authorized and therefore violating our rights in our trademarks.

Kind regards

Andreas Kirchgäßner

Rechtsanwalt (Syndikusrechtsanwalt) / Legal Counsel

GRV | Recht und Compliance | Legal and Compliance

Dr. Ing. h.c. F. Porsche AG
Porscheplatz 1
70435 Stuttgart

Deutschland

Dr. Ing. h.c. F.  Porsche Aktiengesellschaft
Sitz der Gesellschaft: Stuttgart
Registergericht: Amtsgericht Stuttgart HRB-Nr. 730623
Vorsitzender des Aufsichtsrats: Dr. Wolfgang Porsche
Vorstand: Oliver Blume, Vorsitzender
Lutz Meschke, stv. Vorsitzender
Andreas Haffner, Detlev von Platen, Albrecht Reimold, Uwe-Karsten Städter, Michael Steiner

Die vorgenannten Angaben werden jeder E-Mail automatisch hinzugefügt. Dies ist kein Anerkenntnis,
dass es sich beim Inhalt dieser E-Mail um eine rechtsverbindliche Erklärung der Porsche AG handelt.
Erklärungen, die die Porsche AG verpflichten, bedürfen jeweils der Unterschrift durch zwei zeichnungs-
berechtigte Personen der AG.

IaM-Ray posted:

Contact Us

eBay Headquarters
2025 Hamilton Avenue
San Jose, California 95125
USA

Corporate office

408-376-7400

Phone is probably a lost call but a snail mail will elicit a response I would think. 

If you want to get a response use Twitter, Instagram or Snap with #ebay. Companies have teams of people looking for bad press on social media. I have used this method in the past and the resolution time is amazing. 

 

Below is the nuts and bolts of it.....same letter as above.  So, Speedster is not a copyright infringement but, "Porsche Speedster" is an infringement. So.. NO mention of the name Porsche, Porsche Speedster, Carrera , Spyder and any Porsche badge scripts or crest. 

With this in mind I will again suggest .....List it as  a "Speedster Replica " in the auction ad header line and  in the first lines of my auction ad test I will address the P issue as follows.

Att:  Porsche Inc. & eBay Inc.   This replica vehicle or the associated auction does not violate any copyright trademark infringements in any particular whatsoever . There is no representation of the Porsche name, Porsche crest, Porsche 356, Porsche name plate or scripts depicting same or reference to Porsche Inc. on the physical car as well as within the auction ad text..... 

 " Ben Dover & C. Howard Feels"Feels"  :~)

____________________________________________________________________________________________________________________________________________

Dear Mr. ____________

Thank you for your email.

 Please note that you are not allowed to use our trademarks (including e.g. PORSCHE, PORSCHE SPEEDSTER, CARRERA, SPYDER and the PORSCHE crest) for products (whether or not the signs are on the item itself or within the product title), which are not manufactured by our company or with the consent of our company. Replica cars bearing our trademarks are not authorized and therefore violating our rights in our trademarks.

 Kind regards

Andreas Kirchgäßner

 Rechtsanwalt (Syndikusrechtsanwalt) / Legal Counsel

 

Joe Fortino posted:
IaM-Ray posted:

Contact Us

eBay Headquarters
2025 Hamilton Avenue
San Jose, California 95125
USA

Corporate office

408-376-7400

Phone is probably a lost call but a snail mail will elicit a response I would think. 

If you want to get a response use Twitter, Instagram or Snap with #ebay. Companies have teams of people looking for bad press on social media. I have used this method in the past and the resolution time is amazing. 

I already tried this and it's a waste of time. eBay sides with Porsche and Porsche does own the trademarks.

Alan Merklin posted:

 

Below is the nuts and bolts of it.....same letter as above.  So, Speedster is not a copyright infringement but, "Porsche Speedster" is an infringement. So.. NO mention of the name Porsche, Porsche Speedster, Carrera , Spyder and any Porsche badge scripts or crest. 

With this in mind I will again suggest .....List it as  a "Speedster Replica " in the auction ad header line and  in the first lines of my auction ad test I will address the P issue as follows.

Att:  Porsche Inc. & eBay Inc.   This replica vehicle or the associated auction does not violate any copyright trademark infringements in any particular whatsoever . There is no representation of the Porsche name, Porsche crest, Porsche 356, Porsche name plate or scripts depicting same or reference to Porsche Inc. on the physical car as well as within the auction ad text..... 

 

The Attention Porsche part might just be stirring the pot Alan.  I think it's better to just not display any trademarked items in the ad.

This whole mess is brought to you by the same corporation, that committed fraud and deceit.

They ought to be banned from commerce in this country.  That would give their legal group something realistic to work on.

Let's not forget their failure many times to take care of customers for their  poor engineering. 

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