PATENT LISCENSE Holder states I can't sell, but it is "Liscensed" ?? need info/help
What is the name of your state? CALIFORNIA
Hello I am in California, the patent holder is in Arizona. The patent holder states that I dont have rights to sell PDA (Palm/HP Ipaq) Screen Protectors on Ebay. He states he's the inventor and I cannot sell and is illegal. The issue is that I am selling a BELKIN Screen Protector licsensed by the Patent Holder. (He even states so that he liscensed it to BELKIN) That being the case I am not selling anything illegal but rather a just re-selling the Belkin Screen protectors liscensed by the patent holder.
Am I wrong to think that I have a right ? I believe I do a right.
I plan to request a legal Counter-Notice. Here is the email I've sent to ebay and to the inventor, attempted remove any indentifiable information.
thanks for any insight or help and Happy Holidays everyone!
EMAIL
----------
Hello,
Thank you for your email.
I can certainly understand your concerns in this matter. If you have a
good faith that you have the legal right to list the items in question,
you may file a legal Counter-Notice. We can e-mail the form to you upon
request, and we will send it to the complaining party once you sign and
return the form.
In the Counter-Notice you will be required to state under penalty of
perjury that you have a good faith belief that the removed auction does
not involve infringing materials and that it was taken down by mistake
or due to misidentification. If you request a counter notice from us,
please specify the subject as "Counter-Notice Request" and include the
item number and your user name in the e-mail.
If you should have any other questions or concerns regarding this
matter, please do not hesitate to contact us again.
Regards,
XXXXXXXXXXXXXXXXXXXXXXXX
eBay Community Watch
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*******************************************
(63382735)
Original Message Follows:
-------------------------
Subject: VERO My listing was removed through VeRO [#US ?01 ]
Dear Ebay I am emailing concerning a business matter regarding
"XXXXXXX" on his "patented" design as a copyright infringement. The
filer of this complaint has an invalid claim against my item. My item
is not a "COPY" of his patented work but rather a fully LISCENSED
patent of his screen protectors for Belkin. As stated on his own website Belkin
has licensed the use of his patent. Therefore I am not selling a
copy/imitation. The screen protectors are manufacturered Belkin for use
in the United States. If "XXXXXXXXXX" holds exclusive rights to sell
his item that means the same goes for SONY or CANNON. There would not
be a third party such as John Doe, or BestBuy stores selling SONY CD WALKMAN
except the gentleman to patented Compact Disc players. BestBuy and
John Doe did not needed permission from CD PLAYER inventor, but SONY did.
As such BELKIN acquired Permssion just asSONY did. Please see my
cancelled auctions below along with his response to show proof that
I made a good faith attempt.
thank you for your Time Ebay support.
*********************************************************
RESPONSE FROM SELLER
*********************************************************
You are selling an Infringing or Pirated product. You are not an
expert
in our field.
You do not have the expertise to make the statements in your reply.
Please read this entire page.
XXXXXXXXXXXXXXXXXXXXXX
(removed persons website)
Do not sell this product again.
> Hello
>
> I am emailing both EBAY and VSPS regarding my auction.
>
> I am interested in understanding why my item is a copyright
infringment on a patent? I am
> not selling an imitation but a real Belkin Product. Understandably if
it was a copy of
> your item it would be considered patent infringement, but the item is
BELKIN and they
> have liscensed it for their products. I believe this was removed in
error, if you believe there
> is something else that is inaccurate please let me know.
>
> thank you
What is the name of your state? CALIFORNIA
Hello I am in California, the patent holder is in Arizona. The patent holder states that I dont have rights to sell PDA (Palm/HP Ipaq) Screen Protectors on Ebay. He states he's the inventor and I cannot sell and is illegal. The issue is that I am selling a BELKIN Screen Protector licsensed by the Patent Holder. (He even states so that he liscensed it to BELKIN) That being the case I am not selling anything illegal but rather a just re-selling the Belkin Screen protectors liscensed by the patent holder.
Am I wrong to think that I have a right ? I believe I do a right.
I plan to request a legal Counter-Notice. Here is the email I've sent to ebay and to the inventor, attempted remove any indentifiable information.
thanks for any insight or help and Happy Holidays everyone!
----------
Hello,
Thank you for your email.
I can certainly understand your concerns in this matter. If you have a
good faith that you have the legal right to list the items in question,
you may file a legal Counter-Notice. We can e-mail the form to you upon
request, and we will send it to the complaining party once you sign and
return the form.
In the Counter-Notice you will be required to state under penalty of
perjury that you have a good faith belief that the removed auction does
not involve infringing materials and that it was taken down by mistake
or due to misidentification. If you request a counter notice from us,
please specify the subject as "Counter-Notice Request" and include the
item number and your user name in the e-mail.
If you should have any other questions or concerns regarding this
matter, please do not hesitate to contact us again.
Regards,
XXXXXXXXXXXXXXXXXXXXXXXX
eBay Community Watch
______________________________
Important: eBay will not ask you for sensitive personal information
(such as your password, credit card and bank account numbers, Social
Security numbers, etc.) in an email. Learn more account protection tips
at:
http://pages.ebay.com/help/confidence/isgw-account-theft-protection.html
_____________________________________________
For our latest announcements, please check:
http://www2.ebay.com/aw/announce.shtml
_____________________________________________
In order to better serve you, we'd like to occasionally
request feedback on our service. If you would rather
not participate, please follow the instructions in the email message
you
will receive from us. Your request will be processed
within 5 days.
*******************************************
(63382735)
Original Message Follows:
-------------------------
Subject: VERO My listing was removed through VeRO [#US ?01 ]
Dear Ebay I am emailing concerning a business matter regarding
"XXXXXXX" on his "patented" design as a copyright infringement. The
filer of this complaint has an invalid claim against my item. My item
is not a "COPY" of his patented work but rather a fully LISCENSED
patent of his screen protectors for Belkin. As stated on his own website Belkin
has licensed the use of his patent. Therefore I am not selling a
copy/imitation. The screen protectors are manufacturered Belkin for use
in the United States. If "XXXXXXXXXX" holds exclusive rights to sell
his item that means the same goes for SONY or CANNON. There would not
be a third party such as John Doe, or BestBuy stores selling SONY CD WALKMAN
except the gentleman to patented Compact Disc players. BestBuy and
John Doe did not needed permission from CD PLAYER inventor, but SONY did.
As such BELKIN acquired Permssion just asSONY did. Please see my
cancelled auctions below along with his response to show proof that
I made a good faith attempt.
thank you for your Time Ebay support.
*********************************************************
RESPONSE FROM SELLER
*********************************************************
You are selling an Infringing or Pirated product. You are not an
expert
in our field.
You do not have the expertise to make the statements in your reply.
Please read this entire page.
XXXXXXXXXXXXXXXXXXXXXX
(removed persons website)
Do not sell this product again.
> Hello
>
> I am emailing both EBAY and VSPS regarding my auction.
>
> I am interested in understanding why my item is a copyright
infringment on a patent? I am
> not selling an imitation but a real Belkin Product. Understandably if
it was a copy of
> your item it would be considered patent infringement, but the item is
BELKIN and they
> have liscensed it for their products. I believe this was removed in
error, if you believe there
> is something else that is inaccurate please let me know.
>
> thank you