Dave wrote:
Hope someone can advise me on this trademark problem:
A few months ago, I listed a model airplane on eBay. This airplane was
made of old Heineken beer cans. I bought the plane at a garage sale
for $2.50; the auction's minimum bid was $4.99. There were no bids.
A few days into the auction, I got an email from eBay that the auction
had been ended. Apparently, the model plane was in violation of
Heineken's trademark, and a law firm representing Heineken had had the
auction ended (through eBay's VeRO program). I had no idea whatsoever
that this was an offending item; it looked perfectly legitimate to me.
A few weeks later, I got a letter from the law firm basically
demanding that I pay a $2,500 settlement, or they will take me to
court. I got another letter today; a final warning before they sue me
(according to their letter, a suit could end up costing me $15,000).
WHAT DO I DO? This is ridiculous! I had no idea that this model plane
was an infringement, and I stood to make about a buck and a half after
eBay's fees. There was absolutely no premeditation on my part. For
this they want $2,500!?!
I'd think that a judge would laugh himself silly about this, but this
is a legitimate law firm and I doubt they'd file a suit they didn't
think they were going to win. I've been trying to find a lawyer, but
it seems that none of them want to talk to anyone who doesn't have a
personal injury case.
This sucks! Anyone have any suggestions or similar experiences?
Any no, this isn't a hoax or scam, it's very real.
Thanks,
Dave
manualdave2@yahoo.com
This is the same scare tactic used by the RIAA.
Tell the assholes, fine, see ya in court.
Don't hire an attorney, just show up.
You did not create the object.
You are not in competition with them.
The cans are not being used to sell another liquid with.
Are they not thankfull for the free advertising you gave them?
Turn around and counter sue them.
Restraint of fair trade.
Offer it to them for $1,000 peace offering.
Reminding them that it would be cheaper to buy it and own it then fight over
it.
Then they can display it in their memorabilia collection.
I would not pay them one damn dime just because they have high priced
assholes.