Is Selling an Altered Version of a Real Product a Trademark Violation

[Den18]

I recently recieved a MC019 alert from eBay claiming my listing violated trademark rights. The product in question was an altered version of a magic card.

Similar listing to mine: http://cgi.ebay.com/Altered-Foil-Swa...item3a619d673f

The process involves taking a magic card, erasing the front, then pasting transparency paper onto it.

My question is this: Does altering a real magic card in this way still violate trademark?

The base card is a real card made by the company that owns the trademark. I am also, similar to the seller above, not claiming it is a different product but a altered version of the original card.

Let me know if I need to add any more details to help get an answer. Appreciate the help.

[flyingron]

Altering a card isn't a violation, using the various Magic trademarks in marketing your card may be. Also if you have had a listing pulled on one of these takedowns, reposting it without resolving it with the other party will likely result in your ebay account being suspended. If you are replicating other cards in the process you're violating copyright as well.

Just because other's auctions have not (yet) been canceled doesn;t make yours legitimate.

The best source for finding out about ebay and the rules on this is most likely http://www.tabberone.com/Trademarks/trademarks.shtml

[Den18]

If you are replicating other cards in the process you're violating copyright as well. [/url]

Thanks for the information.

To be clear, what does replicating entail? The auction above is an altered version of a card made to look like another card, is that copyright violation?

I am uncertain on how copyright and trademark apply to altered cards. The card I tried to sell does have the symbols trademarked on the transparency paper but the original card was made by WOTC.

Is it a copyright violation or trademark infringement when the card itself was made by the company and you are altering the front of it?

[flyingron]

If the "another card" is another Magic card, YOU BETCHA that's infringing.
As I stated, just because you started with their material doesn't give you free reign on using their marks in marketing it.

[KeyWestDan]

Yes it is an infringement. However, why would ANYONE want to buy your altered card? What is the point? And WHY would anyone pay $24 or more for it? That makes no sense to me whatsoever. Yes, you should be shut down.