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pcfx
Joined: 03 Dec 2011
Posts: 2
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| Posted: Sat Dec 03, 2011 8:08 pm Post subject: Dymo threatening to sue for sale of compatibke labels |
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we are a small Uk based company, for the last few weeks, we have been selling printer
compatible labels, on ebay.. We have been buying them from in bulk from
an ebay seller, then selling in smaller quantities.. the particular
product is a type of label for a Dymo printer.. Yesterday we received an
email from ebay and a letter from solicitors acting on behalf of dymo,
stating that we have infringed their patent and are threatening us with
legal action..
The patents they claim we have infringed are
the design of the label
the use of their design (logo)
the use of the particular model number (99012)
i have looked on google and ebay and can see hundreds of sellers with
similar compatible products, also the image used on some of our listing "was seiko \ dymo" however we created these in a corporate font,
i.e. it was different from their official logo
Our listing clearly indicated that these are dymo 99012 Compatible labels
After a lot of searching on the net, i came across the case of Mohl v
Dymo corp , which was concluded in the plaintiffs favor , i was
wandering whether you think we have a similar case..
Any advice, will be much appreciated |
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things4u
Joined: 21 Jan 2007
Posts: 1331
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| Posted: Sat Dec 03, 2011 8:34 pm Post subject: Re: Dymo threatening to sue for sale of compatibke labels |
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did you are you and when you market them do you clearly state that the are NOT an OEM product and that they are an aftermarket product.
and it is possible the company attorney has to make some $ for the holidays and being a small business they put the bite on you you might want to consult with your attorney before continuing to sell the labels as you might be liable because you used the dymo logo no matter what font it might be covered with a trade make that it self holds more weight than a patton it is that companies ant there should be a little circle with a t in it that denotes it is a trade marked product of the company |
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pcfx
Joined: 03 Dec 2011
Posts: 2
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| Posted: Sat Dec 03, 2011 10:29 pm Post subject: |
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We did clearly state that the labels are compatible..
Also we didn't use their logo rather just standard text, with Dymo written on it..
Can these guys stop us selling compatibles, in the future, if there is a standard picture of a roll and tect with something like "Compatible 99012 labels for Dymo Printers" |
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luckyalive
Joined: 27 Apr 2008
Posts: 589
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| Posted: Tue Dec 06, 2011 1:08 pm Post subject: |
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Can these guys stop us selling compatibles, in the future, if there is a standard picture of a roll and tect with something like "Compatible 99012 labels for Dymo Printers"
What do you mean by standard picture? You were not using a picture from their web site were you?
When mentioning parts or company names you should state that the product names, company names, and so on may be covered by Trademarks, copyrights, or othe rintellectual property. State that you and your product are in no way connected with Dymo or endorsed by it.
Use own photo and descriptions.
Dymo has alot more money than you so even if they have no legal grounds to prevent you ultimately from selling these on eBay - they can stall you for a very long time - can you afford that? Why not set up your own site and sell from there? There are other payment services such as Serve. Cut Bay out of the picture altogether. I think you should go for your own site as opposed to selling on another site like ebay because they can the complain to them as well.
You really need a lawyer however. If you sell on your own domain Dymo could eventually comlain to the hosting company so you really need some kind of prepared legal statement from a lawyer to send to the hosting company immediately so they don't drop your account. Is there any form of legal aid available for you in your country if you can not afford a lawyer? Perhaps get some help at a college - students could use this as a class project? Think out of the box. |
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bluestreaksi
Joined: 15 Apr 2010
Posts: 301
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| Posted: Tue Dec 06, 2011 6:32 pm Post subject: |
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Sounds to me like you have a misleading title, description and listing.
Use something like this..
Thermal Labels for Dymo 99021 printer
They can't tell you that you can't sell a product that is not made by them for their product. You just have to word it wright. Maybe even consult a lawyer on how to word it wright.
Careful though eBay could suspend your account. For being misleading..
Like someone selling fake Coach bags or something and saying they are Coach.
"dymo 99012 Compatible labels "
That is misleading, sounds like they are dymo labels.
Example..
"Pink Case Cover for Verizon HTC Thunderbolt"
I have used trademarked words by two seperate companies in that phrase, but neither one of them can do anything about it, nor do I have to put the "TM" logo.
In the listing state they are a generic brand.
Don't use Dymo's pictures or description.
Don't use Dymo's Logo either.. anywhere. |
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slythorne
Joined: 31 Dec 2008
Posts: 220
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| Posted: Thu Dec 15, 2011 4:29 am Post subject: |
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| I was looking for labels for my Brother P-Touch and I really hate the keyword spamming that goes on. One guy was listing Seiko branded labels as compatible with the Brother, but to make it compatible you had to cut up and old roll and adjust your settings. In his title he used the Brother part# for the roll. If it is not that part number - DO NOT PUT IT IN THE TITLE! To make it worse, he had a picture of the brother BOX in the listing... |
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