You can, but it won't make it any less of an infringement. The infringement is in the art, not the eBay posting. Changing it may make it harder to find, but doesn't make it any more legal.So could i change my listing from KOOLART KOOL ART FERRARI 355 SPYDER MOUSE MAT to kool art 355 spyder mousemat?
That's one way to look at it. Another way would be that if they keep doing illegal things, they will eventually get caught.also koolart have said that if there was any chnace that their images were illegal they would have been shut down by now...
The fact that there is a Ferrari on the mousemat makes it a Ferrari mousemat. Changing the name doesn't make a difference. But stranger things have happened. Perhaps they don't care if the image is used as long as it is not marketed or sold using the Ferrari name as to confuse it with an official Ferrari product. That's a stretch though. I would contact an attorney or perhaps send an e-mail to the address you listed.so maybe its jut a wording issue use koolart mouse mat rather than ferrari mousemat which could imply its a ferrari mousemat
I suspect that this is not a copyright issue, but concerns the use of the trademark 'Ferrari'. In your ebay listings, do you just use the word in a normal typeface or in the distinctive Ferrari badge style? If it is the latter then the company certainly have some justification for objecting because some buyers might be led to believe that this was official Ferrari merchandise.
The plain word Ferrari as used here is not copyright nor is it a trademark - anyone can say or write the word without there being a problem over intellectual property. But using the logo and name in connection with cars and a host of other trademark categories including cosmetics, key rings, wristwatches, sportswear, golf bags and of course motor racing, then the problems start. (More details of the many registered Ferrari trademarks here:
I think your analysis of what has happened on ebay is probably correct. Ferrari or some third party company on their behalf, have done a trawl for the word and have assumed that all the results are trademark infringements. I don't think that is the case with your particular merchandise. Your use of the word is generic in my opinion.
I assume that you have read ebay's policy on intellectual property protection (for other readers who may not have, check here: eBay UK: Help: VeRO Programme. Faq 5 is the relevant bit here.
Try to contact Ferrari and get them to withdraw their objection, and if you do not get a satisfactory reply (or no reply at all) you can then go back to ebay for assistance. Understandably ebay have to support their VeRO clients - which include most of the big names - or face even more litigation than they currently experience, but it is a policy that allows you that argue your case, assuming you feel it is worth the hassle
Well well well... I had absolutely no idea!!! I've been flirting with the idea for over a year, but just couldn't quite bring myself to buy the license as there seems to always be a more pressing bill or something to pay. Tried to negotiate a deal with the MD today, but he turned me down. Was about to write a 'humble-pie submission to price' email this evening when it occurred to me to 'stop and check' it out here one the forum.... Darnnn....yes me... had my ebay account closed yesterday..
on one side you have koolart with their store trading away and selling goods and on the other you have ebay, ferrari, JCB, Ducati, Bigfoot etc all having their listings removed.
You might get away with it for a month or 2 but you will get closed... i have had my eye on other stores on ebay selling koolart and they have stopped selling.
to be fair though the artwork sells like hot cakes and if koolart could agree a licence deal with manufacturers then may be i iwould pay a bit more...
but as it stands you will hit problems...
how can you advertise a ducati motor bike without using the word ducati?