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Troy, I doubt that anyone at eBay has it in for you.

It's more likely an algorithm that does.

If I were the unfortunate middle-level manager at a company the size of eBay who was tasked with weeding out the riff-raff causing legal problems for upper management, I know what I'd do.

Have IT figure out a way to deal with it.

It's simple enough to build a filter that scans all new ads for a hot list of 'trouble' words. You might, for example, have problems selling parts on eBay for old Ford Escorts if the name of your business is 'Escort Service'.

Obvious? Sure. But it's also just as easy to add to the 'trouble' list the account of any ad placer who had previously had an ad pulled for any reason. So, if they've contacted you once, it's a lot more likely you'll be hearing from them again.

And I was just shocked to learn that there are different rules for businesses that pay eBay thousands in fees. Doesn't eBay realize that this is a democracy, where money plays no role in how rules and laws are written or enforced?

Someone should teach them a lesson in just how things work in Amurica.

 

Sorry, but both Troy and Majorkahuna mentioned class action suits in the above thread, so I focused on that aspect of a civil suit.

As far as hiring a private lawyer as a private plaintiff in this cause of action, please be aware that the less likely the matter will be resolved in plaintiff's favor, the less likely an attorney will take the case on a contingency basis.  Not only must the facts and the law be in plaintiff's favor, but the extent of damages must be high enough that the expected fee to counsel would be likely.  

Think of the preparation involved.  Discovery alone would take months, as any attorney would want all relevant documents/emails, etc. involving other eBay customers in similar situations, those whose ads had been accepted, those whose ads had been rejected, etc.  eBay's attorneys would likely send WAY more than plaintiff asked for, increasing the time it will take to go through and analyze the docs the court ordered the Defendant to produce.

I'm assuming from Troy's prior posts on this subject that a simple letter from a local attorney will be ineffective, as Troy has posted.  Every potential litigant is faced with the same dilemma.  How much is it worth to me to proceed?  I can assure you that it would be extremely difficult to find a competent attorney or firm to take this case on a contingency basis for a few reasons:  eBay would fight to make the judgement applicable only to Troy, not to the general eBay customers in general.  Settlement negotiations would make it clear that eBay would not admit fault and any settlement to Troy would remain confidential.

You can see where this is going.  Troy may be able to prove damages, but the amount would not be sufficient for a firm to proceed unless the client was paying them on an hourly basis.  I would not be surprised to discover that a large firm, with staff, experience, and capabilities of mounting a suit like this would require several hundred thousand dollars to proceed with the discovery process, and that would not include costs of trial.  

Last edited by Jim Kelly

So what else can you do Troy ? Create a form/complaint letter to the Porsche Attorney and E-Bay every time  you see a discrepancy ? Do it over and over and over ? What a PIA ! As usual, the small guy gets the shaft ! What about small claims ? I once took VW of America SCC and was awarded what I was asking for. I still had to take them back in again to actually get paid though. The judge actually increased the payment too !

Bruce

Troy

I understand your frustration with Porsche and eBay. It seems you are singled out while others are passed by. I wonder if a different approach might work ie:

For sale: A tribute vehicle professionly built to reflect one of the greatest automobiles ever made by the iconic company Porsche. Never has any company like Porsche dominate the racing circuits yada yada yada....

Praising Porsche with a tribute might be more acceptable that a replica or imitation.

I'm just say'n.

Hi,

From a European legal viewpoint on replica's, using a 550 as example.

A car brand con only take action against replicas in case of :

1. Trademark infringement : the use of name tags (Porsche, Spyder), logos (the Porsche shield), on replicas. TM registration can be renewed indefinitely. Porsche, Spyder and porscheshield are registered and still protected. (but see info below)

However, the form/look of a car is inherent to 2. Design registration registered for 5 years with option to be renewed 4 x 5 years, for a total of 25 years. 

3. Copyright : is only applicable to works of arts (books, music, paintings, sculptures) We may consider a 550 as a work of art, but it is legally "just" a car.

4. Patent : technology innovations are protected under that system and can not be copied. As long as you don't copy Porsche technology and put it onto a replica, you're safe.

In short : a replica owner can sell his replica car of brand X (Beck, etc..) as such, as long as he doesn't sell it as a Porsche. No law forbids a replica owner to mention that the replica is a tribute to an iconic Porsche model and is not an exact copy. Legally a replica owner could even put Porsche and Spyder emblems and Porsche shield on his car, BUT ..... in this case I would strongly advise you purchase them from Porsche directly. Using authentic Porsche purchased material, you are not infringing TM on a replica because Porsche is not loosing money out of the use of their TM names, as you purchased it from them : you have just put authentic Porsche material on a Porsche replica.

However, when you sell the car, do not tempt Porsche : take away all Porsche material and replace back the original badges etc... and advertise it as a Brand X replica of Porsche.

As to professionals in this market : Here another aspect comes into action : the intend to make profit !!! Not a single replica builder sells their replicas with Porsche emblems or names on it, but they do intent to make profit out of the fact that their car looks like a Porsche. But then.... if the car has no valid Design registration (point 2 above) then they are not breaking the law.

All this in theory, because if Porsche sees an add anywhere of a replica on a website, and contact the website, I'm sure the website will not even argue with Porsche and just delete the post, unless the seller has also mentioned to the website in question that they would take legal action against the website for removing the ad without legal ground.

In our regional Porsche club, managed by the local PC,  we have 1 guy coming to events with his Chamonix (Brasil) 550 replica with Porsche emblems etc... He's a member just like all of us !!!

Personally I think Porsche has bigger issues that 356/550 replicas : http://carnewschina.com/2016/10/26/how-much-exactly-is-the-zotye-sr9-a-clone-of-the-porsche-macan/http://carnewschina.com/2016/10/26/how-much-exactly-is-the-zotye-sr9-a-clone-of-the-porsche-macan/

well, just wanted to add my 2 cents worth :-)

Drive happy and safely !

Patrick

 

 

Shame there was no mention of the suspension and how the Macan clone drives and handles.  Like 0-62 mph in 5.1 seconds (for the S model)? 248 hp with 273 # torque? I was ready to buy a new Macan back in December - but there weren't any 2019s available in US.  It has only been the last 2 weeks that they are showing up on snooty dealer lots. In January, Porsche dealers were still pushing 2018 as if that was the latest model (with a price to reflect).

In 2018, the Porsche factory was shut down from April to September - a whopping 6 months.  Supposedly so they could address reducing emission 50%.  Maybe that's why Macan delay?  I mean who introduces a 2019 car in Summer of 2019?  Many new cars (2020) start to show up in October of 2019 so your new Macan is already a model-year-old?

The 2019 Macan starts at under $50k. Actually, that's $49,900 plus $1050 delivery.  It is really easy to add options to make the Macan a $70k very compact CUV.  Apparently, the engine is an Audi 4 cylinder. 

The Zotye article says it differs from the Macan in that the Chinese clone has a roof rack - oops, the 2019 Macan now sports a roof rack!

Hi Troy,

Do you feel better now that the ad you posted has been cancelled/deleted. You say you don't want to report anyone, but you post their ad in a public forum and call attention to it.

You also say these car dealers play by a different set of rules, but has it ever occurred to you that they may be selling many different types of cars and occasionally they come across a replica and sell it so it slips by the Porsche police.

I don't know what else you sell on ebay, none of my business, but is it possible that since you always sell one "type" of car, that your ads are automatically flagged because the lawyers consider you a commercial seller of their product,versus a person who might sell a one off?

I don't know you and I am not trying to be a complete as.....e, but it gets old reading you whining about the same problem over and over.

Maybe it is time to try something different that may get you results, instead of repeating what you have been doing and coming on here and bitching all of the time.

 

Sorry for the rant, just my 2cents.

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