2012 Olympics items VeROed from eBay UK
19/02/2009 at 18:42
If you were hoping to make a couple of quid on eBay selling souvenirs for the London 2012 Olympics, think again. Donna from Delphinus Dreams told us that a red bus-shaped keyring marked “2012″ was pulled from eBay as a trademark violation. As pointed out by members of the PowerSeller Forum there are numerous trademarks and copyrights connected with the Olympic and Paralympic Games, including the Olympic five rings symbol, the London 2012 logo, the words “London 2012″ themselves – and as Donna found out, just “2012″ by itself.
It seems inevitable that as we get closer to 2012, unauthorised merchandise will be produced and some of it will be offered for sale to eBay sellers. Don’t waste your hard-earned on buying it, because you’re not going to be able to sell it on eBay (and you shouldn’t be selling it anywhere else either).
northumbrian says
7:16 pm on 19/02/2009
wont matter according to the doom merchants
ebays going down the slot and paypals bankrupting every business
and everyone will be so hungry and malnourished by then, no one will have the energy for sport
Sue Bailey says
7:40 pm on February 19th, 2009
Thanks for those cheery words, Puddleglum
Pete says
8:13 pm on 19/02/2009
I don’t think you can trademark the term “2012″. You could trademark an associated font used together with those numbers. Otherwise, every diary sold that year would be in breach?!?
Sue Bailey says
8:58 pm on 19/02/2009
Pete: the London Olympics committee certainly think you can:
http://www.london2012.com/about/our-brand/using-the-brand.php
And from the pdf
If you want to dig further, the relevent act is the London Olympic Games and Paralympic Games Act 2006.
northumbrian says
9:37 pm on 19/02/2009
bet ya the costs and balls ups will make more news than whos taking part
Chris says
9:43 pm on 19/02/2009
‘The Listed Expressions are; – any two of the words in list A below
OR
any word in list A with one or more of the words in list B below
A
Games
Two Thousand and Twelve
2012
Twenty-Twelve
B
London
medals
sponsors
summer
gold
silver
bronze’
What one wonders is the season that traditionally falls between spring and autumn going to be called in 2012?
Pete says
9:46 pm on 19/02/2009
They wouldn’t stand a hope in court, you can’t trademark a date or common noun. They can only be trademarked if they are presented with other criteria such as a special font or image.
Pete says
9:53 pm on 19/02/2009
http://www.ipo.gov.uk/tm/t-find/t-find-text/tmtsearch-default.aspx
Eddie says
9:55 pm on 19/02/2009
Does this mean Olympic memorbilia will be in short supply ?
Guess who has 200+ Moscow 1980 pins
Pete says
9:57 pm on 19/02/2009
In the link in #8, put 2012 into one of the fields. It shows that the term 2012 has been refused as a trademark.
Donna says
10:13 pm on 19/02/2009
That’s interesting thanks Pete, I will get onto support and see what they make of it
I don’t hold out much hope though
Pete says
10:18 pm on 19/02/2009
You’re right, eBay won’t/can’t check claims of Vero holders. But, as stated on the IPO website the term 2012 on it’s own is not trademarked, neither is Summer etc.
Your listings will still get pulled because the Vero system is flawed, eBay know it but they have to be seen to provide some protection for IP owners.
FenLex says
10:21 pm on 19/02/2009
Pete: The point is that expressions that normally could not be protected by a trade mark or copyright are specially protected by the 2006 Act.
Pete says
10:33 pm on 19/02/2009
I can assure you that a term such as 2012 on it’s own will never be granted TM status.
“2012 London” could be because it is a phrase, however due to it’s reference to a geographical location, it would also need an associated image.
Words like summer, winter etc are the same.
There are other ways that the Olympic commission can protect “2012″, under the law of “passing off” for example. They couldn’t stop me selling a mobile phone for example with the model number 2012.
Chris says
10:46 pm on 19/02/2009
Reading further it does give examples of the listed words used in ways not suggestive of the Olympics, which are acceptable. It looks like any other events taking place in London during 2012 will have to tread very carefully.
Donna says
11:18 pm on 19/02/2009
Well, little old me with a £1.50 keyring thinks it’s not worth fighting for.
I will contact my suppliers and let them know.
It could’ve been worse I could have had 100′s to sell.
What really annoys me is I was born and bred a Londoner and I am not allowed to promote the city I was once so proud of.
I have contacted Demys Limited and apologised as I had no idea.
I now have my account showing as failing because I dared list a famous London Icon!
I know damn well if I kick up a stink I risk my sellers account.
It’s just not worth it
I shall keep the keyrings I have left as a souvenir of yet another unintentional “crime” LOL
ebuyerfb says
11:23 pm on 19/02/2009
So does this mean no more gold®, silver®, and bronze® powersellers? Not that eBay isn’t already headed that direction anyway.
Looks like we’ll all have to skip displaying copyrights in 3 years. TameBay will have to say “Copyright © 2006 – present Chris Dawson & Sue Bailey” instead.
Can’t list the “XBox 720 with games®” or it will get VeRO’d for mentioning “games®.”
Can’t sell on eBay.co.uk if you are in London®. eBay requires that you display your address but you aren’t allowed to say “London®”.
And then you have some ancient calendar predicting the end of the world.
John says
9:47 am on 20/02/2009
In 2005 Royal Mail issued stamps titled:
London 2012 Host City
Surely the 2006 act cannot apply retrospectively?
John
John says
9:59 am on 20/02/2009
eBay .co.uk has the right category viz.
Are they in violation?
Sports Memorabilia > Olympic Memorabilia > London 2012
John