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Seven Towns Infringement on eBay - All of EU

Pixel 6

Premium Member
Joined
Jul 11, 2010
Messages
200
Location
Lakewood
YouTube
lubixcubes
So I got a few emails today I am going to share with you, and let you guys determine what this means.

Basically, about 40 of my listings I've had active for the last few years just got removed from eBay, siting a trademark from Seven Towns.
Essentially the summed up version, is that from the USA via eBay, I can not sell any cube in the EU Market.

Here's the emails, and I will delete personal information as needed:



-------------------------------------------------------------------------------

Your listing has been removed: Trademark Violation - Unauthorized Item
Actions

Hello lubixcube,
After reviewing your eBay account, we've taken the following action:
- Listings have been removed. A list of items that were removed can be viewed at the bottom of this message.
- We have credited all associated fees except for the final value fee for your listing(s).
Your listing was removed after the rights owner reported it as counterfeit. We urge you to contact the rights owner directly for more information about why they requested the removal of your listing and whether you can relist the item.

For more information on our VeRO program, please visit:
http://pages.ebay.com/vero/infoforusers.html

If you have more questions, contact our policy experts:
http://ocsnext.ebay.com/ocs/cusr?query=1337&=PTB1211



Please be sure your current and future listings follow these guidelines, keeping in mind that additional violations could result in the suspension of your account.

The rights owner or an agent authorized to act on behalf of the rights owner, Seven Towns Limited, notified eBay that this listing violates intellectual property rights. When eBay receives a report of this type of violation, we remove the listing to comply with the law.



We encourage you to contact Seven Towns Limited directly if you have any questions.

You can send an email to:
[email protected]

For more information on how eBay protects Intellectual Property, or for additional information if you believe that your listing has been removed as a result of an error or misidentification, please visit the following Help page:
http://pages.ebay.com/help/policies/programs-vero-ov.html

Here are the listings that were removed:
121036706204 - Lubix GuHong (V2) - Dayan 3x3 Cube - BLACK
121046950713 - Lubix ZhanChi - Dayan 3x3 Cube - BLACK
111168484164 - Lubix FangShi 54.6mm 3x3 Cube - BLACK
111168486793 - Lubix FangShi 54.6mm 3x3 Cube - WHITE + BLACK
111168497006 - Lubix MoYu WeiLong 3x3 Cube - BLACK
111168519733 - Lubix ShengShou Aurora 3x3 Cube - BLACK
111168520421 - Lubix ShengShou Aurora 3x3 Cube - WHITE
111168526867 - Lubix Illusion 3x3 Cube - BLACK + WHITE
111168561088 - Lubix MoYu HuanYing 3x3 Cube - BLACK
111210023025 - Lubix Illusion 3x3 Cube - BLUE + WHITE
111210023361 - Lubix Illusion 3x3 Cube - GREEN + WHITE
111210023750 - Lubix Illusion 3x3 Cube - RED + WHITE
111282857745 - Lubix MoYu WeiLong (V2) 3x3 Cube - BLACK
111282871247 - Lubix Gans III (V2) 3x3 Cube (+Free Tool) - BLACK
111402550120 - Lubix MoYu AoLong 54.6mm 3x3 Cube - BLACK
111585400014 - Lubix MoYu AoLong (V2) 3x3 Cube - WHITE
120919057948 - Lubix GuHong (V1) - Dayan 3x3 Cube - BLACK
120919059581 - Lubix LingYun (V2) - Dayan 3x3 Cube - BLACK
120958391401 - Lubix Fusion - Modified Dayan GuHong (V1) 3x3 Cube - BLACK
121052345189 - Lubix GuHong (V1) - Dayan 3x3 Cube - WHITE
121052347623 - Lubix GuHong (V1) - Dayan 3x3 Cube - STICKERLESS
121052349824 - Lubix GuHong (V2) - Dayan 3x3 Cube - WHITE
121052350205 - Lubix GuHong (V2) - Dayan 3x3 Cube - STICKERLESS
121052355938 - Lubix Fusion - Modified Dayan GuHong (V1) 3x3 Cube - STICKERLESS
121052364035 - Lubix ZhanChi - Dayan 3x3 Cube - WHITE
121052385492 - Lubix ZhanChi - Dayan 3x3 Cube - STICKERLESS
121052387819 - Lubix LingYun (V2) - Dayan 3x3 Cube - WHITE
121052389104 - Lubix LingYun (V2) - Dayan 3x3 Cube - STICKERLESS
121052402147 - Lubix 55mm "Mini" ZhanChi - Dayan 3x3 Cube - BLACK
121052402815 - Lubix 55mm "Mini" ZhanChi - Dayan 3x3 Cube - WHITE
121052404783 - Lubix 50mm "Mini" ZhanChi - Dayan 3x3 Cube - BLACK
121052407624 - Lubix 42mm "Mini" ZhanChi - Dayan 3x3 Cube - STICKERLESS
121052413290 - Lubix LunHui - Dayan 3x3 Cube - BLACK
121052413638 - Lubix LunHui - Dayan 3x3 Cube - WHITE
121052414009 - Lubix LunHui - Dayan 3x3 Cube - STICKERLESS
121175246803 - Lubix FangShi 57mm 3x3 Cube - BLACK
121175249670 - Lubix FangShi 57mm 3x3 Cube - WHITE
121175260389 - Lubix FangShi 54.6mm 3x3 Cube - WHITE
121175262506 - Lubix FangShi 54.6mm 3x3 Cube - BLACK + WHITE
121175263152 - Lubix FangShi 54.6mm 3x3 Cube - OFF WHITE + BLACK
121175269772 - Lubix MoYu WeiLong 3x3 Cube - WHITE
121175308088 - Lubix PanShi 3x3 Cube - BLACK
121175308493 - Lubix PanShi 3x3 Cube - WHITE
121175310769 - Lubix MoYu HuanYing 3x3 Cube - WHITE
121210246439 - Lubix Illusion 3x3 Cube - ORANGE + WHITE
121240547933 - Lubix 55mm "Mini" ZhanChi - Dayan 3x3 Cube - STICKERLESS
121278641169 - Lubix MoYu WeiLong (V2) 3x3 Cube - WHITE
121278642870 - Lubix MoYu WeiLong (V2) 3x3 Cube - STICKERLESS
121278653320 - Lubix Gans III (V2) 3x3 Cube (+Free Tool) - WHITE



We appreciate your cooperation.
Thanks,

eBay

Please don't reply to this message. It was sent from an address that doesn't accept incoming email.
-------------------------------------------------------------------------------



After calling them, I was sent the following email:

-------------------------------------------------------------------------------

Hello,

Thank you for speaking with me today.

Below is the information included with the report we recieved from Seven Town Limited:
Unlawful replica of a product made by the
trademark owner. *


*The* *RUBIK’S CUBE®* *in its three dimensional form and any graphic or
photographic representation of it, in any configuration, coloured or
uncoloured, whether or not it carries the **RUBIK’S CUBE®* *name or logo, **is
protected by intellectual property laws throughout the world**.*

*The following applies to all 3x3x3 cubes that are not branded Rubik's
Cubes:*

- *Sales and shipping of all 3x3x3 cubes to all EU countries
is prohibited.*
- *Online sales of 3x3x3 cubes within the EU is prohibited.*
- *European Custom Officers are aware of this Court decision and
accordingly will seize and destroy shipments of illegal cubes at point of entry into the EU.*

Also, here is the trademark registration:

US TM 3 x 3 Rubik's Cubes (Design Only) 2285794
EU trademark reg.#: 009975681, 005696232, 004170858, 009308255

Thank you again for speaking with me today.

eBay VeRO Team

-------------------------------------------------------------------------------



And Finally, a list of the countries effected, and a link to the EU Trademark information:

-------------------------------------------------------------------------------

Hello,

Thank you again for speaking with me today.

Attached is your listing information.

Here is the direct link to Seven Towns Limited European trademark:
https://oami.europa.eu/eSearch/#details/trademarks/000162784



Here are the European countries that eBay has sites in that would be excluded in the shipping options:
United Kingdom

Austria

BelgiumBe

France

Germany

Italy

Netherlands

Romania

Slovakia

Spain

Switzerland

Czech Republic

Denmark

Finland

Greece

Hungary

Ireland

Norway

Poland

Portugal

Sweden

Ukraine

I hope all this information is helpful please let us know if you have any other questions or concerns.

eBay VeRO Team
-------------------------------------------------------------------------------



So in closing, have any other stores experienced this same issue? It looks like eBay is in the process of doing a full sweep, and every 3x3 not branded as a Rubik's, is subject to Seven Towns broad club of justice.

- Pixel -
 

Ernie Pulchny

Member
Joined
May 5, 2010
Messages
343
Location
NJ
WCA
2010PULC01
YouTube
ErniePulchny
This is just beyond ridiculous. Seven Towns just can't accept the fact that products similar to theirs have existed for years already, especially cubes. Who ever is in charge of Seven Towns needs to understand that making a business by shutting down other businesses for selling non-Rubik's brand products is just plain wrong. No one will ever buy a Rubik's brand 3x3 to use as a speedcube, unless they're good out of the box and needs minor maintenance, or they're heavily modded for speedcubing. Plus, most of us already agree that most Chinese cube brands are better than the Rubik's brand. Even though we are talking about the European market, it's just not cool to take down eBay listings for any market because of the details of the product. Doesn't Seven Towns know that the Rubik's Cube patent has already been expired for several years already? If so, then why do they waste their time by taking down eBay listings that contain non-Rubik's brand cubes? I'm not sure if that applies to the patent having been expired, but still! That's what I'm going to say about this stupidity pulled by Seven Towns.
 

Pixel 6

Premium Member
Joined
Jul 11, 2010
Messages
200
Location
Lakewood
YouTube
lubixcubes
Looking a bit further into this, it seems that the only USA listings on eBay that are still selling 3x3 cubes, are US sellers who did not have their listings set up to ship outside the US.

Every listing I have seen, that originated in the USA, shipping any cube (Including for example, my Illusion design) have been removed. Apparently Seven Towns has claimed my Lubix Illusion design has also infringed on their Trade Mark?
IMG_1947.jpg
 

theZcuber

Premium Member
Joined
May 8, 2011
Messages
2,076
Location
Central NY, US
WCA
2012PRAT02
In all seriousness, go to eBay with the proper information regarding the trademark/patent expirations (the patent expired in 2000). If they refuse to accept that, you should try and bring Seven Towns to court. It might be worth it to make a point (if you can get a damn good lawyer)
 

Pixel 6

Premium Member
Joined
Jul 11, 2010
Messages
200
Location
Lakewood
YouTube
lubixcubes
In all seriousness, go to eBay with the proper information regarding the trademark/patent expirations (the patent expired in 2000). If they refuse to accept that, you should try and bring Seven Towns to court. It might be worth it to make a point (if you can get a damn good lawyer)
The work-around they found, is that it's not the Patent they are using for this loop hole. It's the Trademark.

Here's those details again. Notice how it says vague terms such as "any".

From what I understand from the lady that helped answer my questions on eBay, is that the wording in the EU trademark is vague, where in the US, the wording may be slightly different, and has to be more specific. This allows the sales in the US.



Below is the information included with the report we recieved from Seven Town Limited:
Unlawful replica of a product made by the
trademark owner. *

*The* *RUBIK’S CUBE®* *in its three dimensional form and any graphic or
photographic representation of it, in any configuration, coloured or
uncoloured, whether or not it carries the **RUBIK’S CUBE®* *name or logo, **is
protected by intellectual property laws throughout the world**.*

*The following applies to all 3x3x3 cubes that are not branded Rubik's
Cubes:*

- *Sales and shipping of all 3x3x3 cubes to all EU countries
is prohibited.*
- *Online sales of 3x3x3 cubes within the EU is prohibited.*
- *European Custom Officers are aware of this Court decision and
accordingly will seize and destroy shipments of illegal cubes at point of entry into the EU.*

Also, here is the trademark registration:

US TM 3 x 3 Rubik's Cubes (Design Only) 2285794
EU trademark reg.#: 009975681, 005696232, 004170858, 009308255


Technically, if I were to take a sh** (any color), mush it into the shape of a cube (3x3x3) with or without Rubik's logo, (perhaps my own pea logo) they would be obligated to destroy it upon point of entry into the EU. As snide as that sounds... that's actually literally what they are saying. Think about that.

- Anyone remember the Purple sticker issue of years past? -
 

Carrot

Member
Joined
Feb 9, 2009
Messages
1,910
WCA
2008ANDE02
YouTube
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China has the strictest copyright law in the world. It's just extremely hard to shut down Chinese factories without new ones popping up, so most companies don't even bother bringing them to court.
 

cashis

Member
Joined
Aug 1, 2014
Messages
907
Location
louisiana
China has the strictest copyright law in the world. It's just extremely hard to shut down Chinese factories without new ones popping up, so most companies don't even bother bringing them to court.
So, in essence nonexistent. If a law isnt enforced it doesnt really count
 

Eduard Khil

Member
Joined
Dec 15, 2014
Messages
169
Same as a keyboard. The inventor of it (Sholes?) could sue anyone using the QWERTY layout at that time.
7 town's stupid argument duh. Other than ebay I dont think they have the power nor right to close down thecubicle, moyu, etc
 
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