Comments on: Simon to sue over SuBo sales http://tamebay.com/2009/12/simon-to-sue-over-subo-sales.html eBay & ecommerce made easy Sat, 11 Feb 2012 19:22:45 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: chris barton http://tamebay.com/2009/12/simon-to-sue-over-subo-sales.html#comment-54761 chris barton Fri, 18 Dec 2009 15:55:25 +0000 http://tamebay.com/?p=10335#comment-54761 was the jedwood teeshirt not a dotd about a month ago ?? was the jedwood teeshirt not a dotd about a month ago ??

]]> By: Wayne http://tamebay.com/2009/12/simon-to-sue-over-subo-sales.html#comment-54677 Wayne Tue, 15 Dec 2009 13:43:13 +0000 http://tamebay.com/?p=10335#comment-54677 I'm not an expert on the legality of this, but I'm guessing that by printing Jedward tee shirts one would be just about within the law. Jedward was a nickname for the act that was picked up by the media. because they weren't sold as John and Edward (the actual name of the act) teeshirts and had no clear image of the act(just blurred out faces and haircuts)on the tee shirts, they were probably safe. By not even printing the nickname Jedward on the tee shirts (which they didn't), then I assume that even Cowell would have had difficulty bringing any charges against them. To be honest, I see this as nothing more than clever marketing. They were able to cash in on a five minute fad without infringing any copyright laws. Quite clever really. I’m not an expert on the legality of this, but I’m guessing that by printing Jedward tee shirts one would be just about within the law. Jedward was a nickname for the act that was picked up by the media. because they weren’t sold as John and Edward (the actual name of the act) teeshirts and had no clear image of the act(just blurred out faces and haircuts)on the tee shirts, they were probably safe. By not even printing the nickname Jedward on the tee shirts (which they didn’t), then I assume that even Cowell would have had difficulty bringing any charges against them.
To be honest, I see this as nothing more than clever marketing. They were able to cash in on a five minute fad without infringing any copyright laws.
Quite clever really.

]]> By: Anon http://tamebay.com/2009/12/simon-to-sue-over-subo-sales.html#comment-54672 Anon Tue, 15 Dec 2009 09:37:53 +0000 http://tamebay.com/?p=10335#comment-54672 Was it not the case that thehutoutlet, one of the outlet sellers (note - not top seller) had Jedward t shirts on deal of the day back in November, if you don't believe, check the link... http://cgi.ebay.co.uk/ws/eBayISAPI.dll?ViewItem&item=270482009838 Item # 270482009838 This would prove clear proof of ebays deal of the day team allowing such loose use of trademarks... Was it not the case that thehutoutlet, one of the outlet sellers (note – not top seller) had Jedward t shirts on deal of the day back in November, if you don’t believe, check the link…

http://cgi.ebay.co.uk/ws/eBayISAPI.dll?ViewItem&item=270482009838

Item # 270482009838

This would prove clear proof of ebays deal of the day team allowing such loose use of trademarks…

]]> By: Jimbo http://tamebay.com/2009/12/simon-to-sue-over-subo-sales.html#comment-54671 Jimbo Tue, 15 Dec 2009 08:31:24 +0000 http://tamebay.com/?p=10335#comment-54671 There are precedence's in the UK courts were people have tried and not managed to stop the sale of "unofficail" items. This article may be of some interest: <a href="http://tiny.cc/oGilb" rel="nofollow"> http://tiny.cc/oGilb</a> There are precedence’s in the UK courts were people have tried and not managed to stop the sale of “unofficail” items.
This article may be of some interest: http://tiny.cc/oGilb

]]> By: ebuyerfb http://tamebay.com/2009/12/simon-to-sue-over-subo-sales.html#comment-54670 ebuyerfb Tue, 15 Dec 2009 04:16:39 +0000 http://tamebay.com/?p=10335#comment-54670 But what about the case where someone looks like Susan Boyle and then has their name legally changed to take advantage of her name? But what about the case where someone looks like Susan Boyle and then has their name legally changed to take advantage of her name?

]]> By: KeithS http://tamebay.com/2009/12/simon-to-sue-over-subo-sales.html#comment-54667 KeithS Tue, 15 Dec 2009 00:45:38 +0000 http://tamebay.com/?p=10335#comment-54667 “despicable profiteering making unscrupulous people millions of pounds” According to Terapeak, sales of Susan Boyle items (not counting CDs) on the UK site reached the heady amount of just over £6000 from the last 90 days “despicable profiteering making unscrupulous people millions of pounds”

According to Terapeak, sales of Susan Boyle items (not counting CDs) on the UK site reached the heady amount of just over £6000 from the last 90 days

]]> By: Chris Dawson http://tamebay.com/2009/12/simon-to-sue-over-subo-sales.html#comment-54666 Chris Dawson Tue, 15 Dec 2009 00:37:30 +0000 http://tamebay.com/?p=10335#comment-54666 The same as <a href="http://en.wikipedia.org/wiki/Microsoft_vs._MikeRoweSoft" rel="nofollow">Mike Rowe vs Microsoft</a>? Of course a "different" Susan Boyle probably wouldn't look anything like "The" Susan Boyle so how they managed to muddle up their pictures would be hard to explain! The same as Mike Rowe vs Microsoft?

Of course a “different” Susan Boyle probably wouldn’t look anything like “The” Susan Boyle so how they managed to muddle up their pictures would be hard to explain!

]]> By: Mark http://tamebay.com/2009/12/simon-to-sue-over-subo-sales.html#comment-54665 Mark Tue, 15 Dec 2009 00:06:07 +0000 http://tamebay.com/?p=10335#comment-54665 Facebook lists 171 people with the name Susan Boyle. If one of them issues merchandise with their name on it what could Simon do? Facebook lists 171 people with the name Susan Boyle. If one of them issues merchandise with their name on it what could Simon do?

]]> By: Wayne http://tamebay.com/2009/12/simon-to-sue-over-subo-sales.html#comment-54661 Wayne Mon, 14 Dec 2009 19:21:08 +0000 http://tamebay.com/?p=10335#comment-54661 They're making this sound like a new problem. Ebay is stuffed to the rafters with illegal product of this kind. Just about every popular celebrity is being ripped off by unscrupulous sellers. From the hundreds of thousands of 99p home-printed photos that are clogging up 'Best-Match' to the mugs, tee shirts and just about anything else that a celebrity's image can be printed on. eBay is currently a bootleggers paradise. They’re making this sound like a new problem. Ebay is stuffed to the rafters with illegal product of this kind. Just about every popular celebrity is being ripped off by unscrupulous sellers. From the hundreds of thousands of 99p home-printed photos that are clogging up ‘Best-Match’ to the mugs, tee shirts and just about anything else that a celebrity’s image can be printed on.
eBay is currently a bootleggers paradise.

]]> By: Jimbo http://tamebay.com/2009/12/simon-to-sue-over-subo-sales.html#comment-54653 Jimbo Mon, 14 Dec 2009 10:47:22 +0000 http://tamebay.com/?p=10335#comment-54653 It's most probebly much easier and cheaper to use vero. I'm not sure If Mr Cowell would have a case against a text based t-shirt saying "Susan Boyle pride of Scotland" I'm imagine you could get it removed with vero. It’s most probebly much easier and cheaper to use vero.

I’m not sure If Mr Cowell would have a case against a text based t-shirt saying “Susan Boyle pride of Scotland” I’m imagine you could get it removed with vero.

]]> By: northumbrian http://tamebay.com/2009/12/simon-to-sue-over-subo-sales.html#comment-54652 northumbrian Mon, 14 Dec 2009 09:53:06 +0000 http://tamebay.com/?p=10335#comment-54652 too right seems Cowell is open season just because of his success, good luck to him. subo is his product too right
seems Cowell is open season
just because of his success,
good luck to him. subo is his product

]]> By: Richard http://tamebay.com/2009/12/simon-to-sue-over-subo-sales.html#comment-54651 Richard Mon, 14 Dec 2009 09:47:45 +0000 http://tamebay.com/?p=10335#comment-54651 Although Simon Cowell may have the charm, charisma and personality of a brick, there’s no denying the man is a very astute businessman, that’s something you can’t take away from him and something he has every right to protect as any of us would in the same situation. Although Simon Cowell may have the charm, charisma and personality of a brick, there’s no denying the man is a very astute businessman, that’s something you can’t take away from him and something he has every right to protect as any of us would in the same situation.

]]> By: Sue Bailey http://tamebay.com/2009/12/simon-to-sue-over-subo-sales.html#comment-54650 Sue Bailey Mon, 14 Dec 2009 09:37:47 +0000 http://tamebay.com/?p=10335#comment-54650 Except that you implied that copyright law *wasn't* any use in this case and VeRO should be used to get around that. Except that you implied that copyright law *wasn’t* any use in this case and VeRO should be used to get around that.

]]> By: Jimbo http://tamebay.com/2009/12/simon-to-sue-over-subo-sales.html#comment-54649 Jimbo Mon, 14 Dec 2009 07:58:40 +0000 http://tamebay.com/?p=10335#comment-54649 "What I do know is that Simon Cowell has expensive lawyers. Do you think he’d threaten to sue if he had no grounds?" I don't know but I would imagine that Simon's best case would be for infringing on copyright where pictures for which Mr Cowell controls the copyright, are being used. And that is why I originally mentioned copyright :smile: “What I do know is that Simon Cowell has expensive lawyers. Do you think he’d threaten to sue if he had no grounds?”

I don’t know but I would imagine that Simon’s best case would be for infringing on copyright where pictures for which Mr Cowell controls the copyright, are being used. And that is why I originally mentioned copyright :smile:

]]> By: JD http://tamebay.com/2009/12/simon-to-sue-over-subo-sales.html#comment-54641 JD Mon, 14 Dec 2009 00:46:05 +0000 http://tamebay.com/?p=10335#comment-54641 My point is just that when eBay get their act in gear ... 11,000 listings does not equate to a private seller free 1 day revolving listings do not help sellers with saleable stuff. I am now even more sure that eBay do not have a good model of listing numbers v listing/fv fees responsible sellers do not sell this carp simples PS @7 I am quite sure that Simon is getting plenty, I have no knowledge of the size of his ego (Lisa do you have information?) My point is just that when eBay get their act in gear …

11,000 listings does not equate to a private seller

free 1 day revolving listings do not help sellers with saleable stuff. I am now even more sure that eBay do not have a good model of listing numbers v listing/fv fees

responsible sellers do not sell this carp

simples

PS @7 I am quite sure that Simon is getting plenty, I have no knowledge of the size of his ego (Lisa do you have information?)

]]> By: Lisa http://tamebay.com/2009/12/simon-to-sue-over-subo-sales.html#comment-54640 Lisa Sun, 13 Dec 2009 23:07:00 +0000 http://tamebay.com/?p=10335#comment-54640 Simon's just mad cause he ain't gettin anything. The amount those ebayers are getting doesn't comes close to what he's getting off her CD. Someone should sell t-shirts on ebay that say Simons ego is bigger than his little d**k. Simon’s just mad cause he ain’t gettin anything. The amount those ebayers are getting doesn’t comes close to what he’s getting off her CD. Someone should sell t-shirts on ebay that say Simons ego is bigger than his little d**k.

]]> By: Glenn http://tamebay.com/2009/12/simon-to-sue-over-subo-sales.html#comment-54639 Glenn Sun, 13 Dec 2009 22:05:04 +0000 http://tamebay.com/?p=10335#comment-54639 This is another example of ebay failing to maintain standards on the platform. This is another example of ebay failing to maintain standards on the platform.

]]> By: JD http://tamebay.com/2009/12/simon-to-sue-over-subo-sales.html#comment-54637 JD Sun, 13 Dec 2009 20:55:33 +0000 http://tamebay.com/?p=10335#comment-54637 The seller with most of these SB listings, over 1,000, is a 'private' seller whose listings are all 99p, 1 day auctions, always newly listed, always time ending soonest. The seller currently has over 11,000 listings in all categories, again all 99p, 1 day auctions. Epitomises a number of things that eBay needs to get a grip on. eBay only need introduce a 1p listing fee and this abuse, because abuse is what it is, will disappear overnight. Common eBay you know it makes sense. The seller with most of these SB listings, over 1,000, is a ‘private’ seller whose listings are all 99p, 1 day auctions, always newly listed, always time ending soonest.

The seller currently has over 11,000 listings in all categories, again all 99p, 1 day auctions.

Epitomises a number of things that eBay needs to get a grip on.

eBay only need introduce a 1p listing fee and this abuse, because abuse is what it is, will disappear overnight.

Common eBay you know it makes sense.

]]> By: Jimbo http://tamebay.com/2009/12/simon-to-sue-over-subo-sales.html#comment-54635 Jimbo Sun, 13 Dec 2009 19:58:56 +0000 http://tamebay.com/?p=10335#comment-54635 In the UK we don't have image rights as such as far as I know (could get in trouble for infringing on the copyright of an image though). Although some bands artists do trademark there names I don't think it is really standard practice (could be wrong though). In the UK we don’t have image rights as such as far as I know (could get in trouble for infringing on the copyright of an image though). Although some bands artists do trademark there names I don’t think it is really standard practice (could be wrong though).

]]> By: Sue Bailey http://tamebay.com/2009/12/simon-to-sue-over-subo-sales.html#comment-54634 Sue Bailey Sun, 13 Dec 2009 19:55:11 +0000 http://tamebay.com/?p=10335#comment-54634 Also right of publicity: (from Café Press's T&Cs, and they should know) <i>The "right of publicity" makes it unlawful to use another's identity for commercial advantage without permission. A person's "identity" includes, for example, his look, voice, name, nickname, professional name, and other distinctive characteristics. For example, the Right of Publicity prohibits you using the picture of a celebrity without authorization on your merchandise.</i> That's US law. If you're going to have merchandise that says "I Sha**ed Susan Boyle", I would not be in the slightest bit surprised if that fell foul of UK defamation laws. What I do know is that Simon Cowell has expensive lawyers. Do you think he'd threaten to sue if he had no grounds? I'll add a personal note here - I had my name and a bastardised version of my lifestory used by a "get rich quick on eBay" writer, without my permission. I cannot tell you how utterly sick and filthy it made me feel to be used in that way (but Mountie and a few others round here will confirm it had a pretty nasty affect on my mental health for a while). So Susan Boyle has, FWIW, my total support on this. And anyone trying to claim "oh it's just a joke" should have it happen to them and find out how it feels. Also right of publicity:
(from Café Press’s T&Cs, and they should know)
The “right of publicity” makes it unlawful to use another’s identity for commercial advantage without permission. A person’s “identity” includes, for example, his look, voice, name, nickname, professional name, and other distinctive characteristics. For example, the Right of Publicity prohibits you using the picture of a celebrity without authorization on your merchandise.

That’s US law.

If you’re going to have merchandise that says “I Sha**ed Susan Boyle”, I would not be in the slightest bit surprised if that fell foul of UK defamation laws.

What I do know is that Simon Cowell has expensive lawyers. Do you think he’d threaten to sue if he had no grounds?

I’ll add a personal note here – I had my name and a bastardised version of my lifestory used by a “get rich quick on eBay” writer, without my permission. I cannot tell you how utterly sick and filthy it made me feel to be used in that way (but Mountie and a few others round here will confirm it had a pretty nasty affect on my mental health for a while). So Susan Boyle has, FWIW, my total support on this. And anyone trying to claim “oh it’s just a joke” should have it happen to them and find out how it feels.

]]> By: Sue Bailey http://tamebay.com/2009/12/simon-to-sue-over-subo-sales.html#comment-54633 Sue Bailey Sun, 13 Dec 2009 19:51:33 +0000 http://tamebay.com/?p=10335#comment-54633 Her name. Her image. Her name.
Her image.

]]> By: Jimbo http://tamebay.com/2009/12/simon-to-sue-over-subo-sales.html#comment-54632 Jimbo Sun, 13 Dec 2009 19:50:34 +0000 http://tamebay.com/?p=10335#comment-54632 I wouldn't imagine that there are any trademarks associated with Susan Boyle yet but who knows? I wouldn’t imagine that there are any trademarks associated with Susan Boyle yet but who knows?

]]> By: Sue Bailey http://tamebay.com/2009/12/simon-to-sue-over-subo-sales.html#comment-54631 Sue Bailey Sun, 13 Dec 2009 19:43:02 +0000 http://tamebay.com/?p=10335#comment-54631 Misuse of trademark, presumably. Misuse of trademark, presumably.

]]> By: Jimbo http://tamebay.com/2009/12/simon-to-sue-over-subo-sales.html#comment-54630 Jimbo Sun, 13 Dec 2009 19:39:53 +0000 http://tamebay.com/?p=10335#comment-54630 So on what grounds would Mr Cowell be threatening to sue? So on what grounds would Mr Cowell be threatening to sue?

]]> By: Sue Bailey http://tamebay.com/2009/12/simon-to-sue-over-subo-sales.html#comment-54629 Sue Bailey Sun, 13 Dec 2009 19:24:33 +0000 http://tamebay.com/?p=10335#comment-54629 Don't think anyone's mentioned copyright? Don’t think anyone’s mentioned copyright?

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