Steve wrote:I don't want to complicate things but am curious if per this thread, http://www.doll-fan.com/viewtopic.php?f=6&t=374974 , if the trademark holder is asking for ebay to take down auctions which do not infringe or use the mark of "reborn baby doll" if that helps. Should those who have been effected by erroneous take-downs be keeping track? Seems to me there is some potential abuse going on.
I use the terms "Reborn Baby" (I don't use the word "doll")in my title and the word "Reborn" is within my template. I can't seem to figure out how to get the "reborn" out of my template. I'm working under the HTML to try and find the correct insert, but I think I will lose my whole framing for the template. I will relist with different wording in my title by changing the words to Reborned/Rebirthed. Hope this will keep them off my butt.
Shannon, I would not allow her to pressure you to remove the words "reborn", "reborn baby" as those are NOT in violation of her trademark of "Reborn Baby Doll".
Your auction/listing may be pulled but just save your template/auction in a word document because you can easily dispute the removal and put your listing right back up with no violations to your account. If we all do this consistently, eventually she won't be able to keep up and she will just duck back into the hole she came from.
And then, when our awesome team of legal fighters get that trademark reversed, we will all continue on as we have for 2 decades. VICTORY!
How do we easily dispute the removal though? Has people been able to do this and if so how? Just curious about how to handle all this should it happen!
Hugs,
Judy
Thanks Debbie & Julie! What should we tell them though? It would be nice if we all knew in case this happens to us. Maybe someone knowledgeable or someone who has already been through it could write up something up for all of us to use to dispute it. How to do it and what to say.
Just a thought!
Hugs,
Judy
I just read all of that (thanks for posting) and WOW... Complicated!!!
I'm not an artist or a seller on eBay. I've thought about it to sell some of my enormous collection of baby clothes, but after all this mess I don't know, may be more trouble than it's worth. To all of you artists out there having to deal with this right now, I'm so sorry. It's just not right at all.
I've been out of the loop, so I just heard about this over the last day or two. Does she have proof of this trademark of hers? Has anyone actually seen it? Has she, or can she, provide written proof? I think this is something that needs to be made public if it hasn't been done up to this point.
California Diana R wrote:I've been out of the loop, so I just heard about this over the last day or two. Does she have proof of this trademark of hers? Has anyone actually seen it? Has she, or can she, provide written proof? I think this is something that needs to be made public if it hasn't been done up to this point.
She has it registered at the U.S Patent and Trademark Office since 2015. I looked it up myself and know that the Ladies that are handling all this have seen it as well. I just don't understand her reasoning. Most reborners now are happy to help others in the reborning community and as new as she is, doing this is seriously hurting her future in the community.
BRONX & COLT BORN 10/16/2015 Our Grandbabies, Forever in Our Hearts.
"When you can't look on the bright side, I will sit with you in the dark." Alice in Wonderland
Thanks Debbie & Julie! What should we tell them though? It would be nice if we all knew in case this happens to us. Maybe someone knowledgeable or someone who has already been through it could write up something up for all of us to use to dispute it. How to do it and what to say.
Just a thought!
Hugs,
Judy
If your auction is pulled, EBay will message you letting you know that the rights owner contacted them to pull the auction. They give you the rights owner's email to contact as to why it was pulled. There is also a section to email EBay if you feel it was wrongfully pulled. I emailed Amy and EBay a couple of days ago. The email I sent to Amy was titled "auction wrongfully pulled" and all I asked her was why she pulled my auction when my title only contained "reborn baby" and not her trademark term. I have not received a reply. I did just receive this from eBay.
Thanks Debbie & Julie! What should we tell them though? It would be nice if we all knew in case this happens to us. Maybe someone knowledgeable or someone who has already been through it could write up something up for all of us to use to dispute it. How to do it and what to say.
Just a thought!
Hugs,
Judy
If your auction is pulled, EBay will message you letting you know that the rights owner contacted them to pull the auction. They give you the rights owner's email to contact as to why it was pulled. There is also a section to email EBay if you feel it was wrongfully pulled. I emailed Amy and EBay a couple of days ago. The email I sent to Amy was titled "auction wrongfully pulled" and all I asked her was why she pulled my auction when my title only contained "reborn baby" and not her trademark term. I have not received a reply. I did just receive this from eBay.
I am so happy for you Shannon and glad it was found in your favor! Thank you so much for sharing this with us so we will know what to do should it happen to any of us. I use the same as you in my auctions ....Reborn Baby.
Hugs,
Judy
We are still getting everything written up. We are submitting directly to the trademark office the three complaints/appeals, once they are submitted the attorney will then write a letter. It was cheaper to use the pro bono attorney that is also a member of the reborning community to get everything for the appeal itself together. (meaning we wouldnt have had enough money for the law firm to do it and get all the research etc) She is busy getting everything ready to be submitted and it should be submitted within the next week. It is a tedious process for one let alone three. Once that is submitted it can take 10 to 12 weeks to hear anything ! in the mean time the law firm will write the letter explaining why it is in her best interest not to appeal the appeal that she has actually broken the law and could be facing fines and jail time sorry I dont have more news. it is just a lot of paperwork, writing, case law citing stuff.
PS. We no longer need donations right now. Just wanted to let everyone know. We have enough money to cover the first round and hopefully it will be the only round.
I will relist with different wording in my title by changing the words to Reborned/Rebirthed. Hope this will keep them off my butt.
Thank you so much for sharing this with us so we will know what to do should it happen to any of us. 
I use the same as you in my auctions ....Reborn Baby. 
