I have a new dilema!
I have a TRX Force suspension kit that was for sale on ebay.
It is the genuine item, not a "fake" and I only have the one left, I allready sold 2. Im not buying and selling them, just happened to get these 3 that I dont want.
It got pulled because the makers of the item said it was a fake, I filed a counter notice and relisted it. they have no evidence to bel;ieve it is a fake. They "assume" it could be but I believe the more likely thing is that they sell them on Ebay and about $75 higher then I had mine listed.
It got pulled again and now they say it is a trademark infringement. They say I cant use their trade mark "TRX Force Suspension Training" to sell their item!!
I wrote the entire ad not using any of their language but the name of it, I also stated in my ad that I had to many and am selling these to get some money back.
does this follow under fair use? I mean if Im selling a item and clearly not being confused with the owners dont I have a right to say the name of the item?
Now they want me to give them a copy of my drivers license, my SSN#, a reciept that shows I got it from them and open teh package to take pictures of the item. All any of this would do is give them my personal information and show that it is a real deal, well I filed a counter notice and they didnt bring legal actions and now they say its trademark issues. So it seems as if they are trying to get around my legal counter notice.
Their "lawyer" called me and berated me, he was yelling and screaming and getting pissed, I told him in a mellow tone several times to calm down, this didnt help, then he cussed at me and told me to F*&^ off!! I never got angry, never raised my voice and never reacted to his antics. He told me he had 2 cases against other companies and that if I didnt let him berate me he would add my name to the list, which I encouraged. I let him know it isnt a fake, he demanded a reciept and send him the item so he could check it, I told him for $200 I would ship it and thought that was a good price considering they sell for a lot more and shipping is extra. Once I told him I was recording the call he got very professional and asked if I had any further questions then hung up.
Sorry goit a little side tracked, so can I sell a item of thiers with the title as long as Im only describing the item? my own pictures and my own discription and clearly not part of the company?
Do they need any evidence in order to say it is a fake? how do I get around this to sell it?