Oh Noes!!! The EVH stripe Nazis are coming after me (Ebay)!

[EXPcustom]

I get guitars a lot from Japan and sometimes I get Tokais that were made in the 80's with EVH stripes both yellow and black and the red white and black. If you Google Tokai Super Edition EVH you will see a bunch of hits. They came from the factory in Japan painted like EVH guitars and were sold in Japan in the 80's.

So I have had one of these up on Ebay for months and today I get this message:

That's an illegal Japanese knockoff! Plus the backside isn't even close to the actual Van Halen guitar. This 5150 guitar was never made in Japan,, or offered for sale there, or any of the LEGAL Art Series guitars that are now being offered. This violates evilbays' trademark infringement rules! You'd be better off selling it on Craigslist, or offerup, letgo, etc. rather than trying to get rid of it here. It won't take too long before someone spots this and reports this auction.

Not trying to spam my own auction so I won't put up a link but I thought you guys might think this is hilarious.

Dude's username also was related to EVH but I won't post that either.

I heard about the EVH stripe nazis but never really ran into one till today so I thought I would share.

 

[Beyond Black]

It's Ed.

 

[paulyc]

Wow. If Ed can’t make money on it he’s not down...

 

[EXPcustom]

It's Ed.

His profile is from the wrong state to be Ed and some of the other stuff on his Ebay profile doesn't seem like Ed. He's just a fanboi trying to help his hero squeeze every last dime out of his millions.

 

[japetus]

It's Ed.

His profile is from the wrong state to be Ed and some of the other stuff on his Ebay profile doesn't seem like Ed. He's just a fanboi trying to help his hero squeeze every last dime out of his millions.

If he wanted to suck Ed's dick so bad, he should just email him. What a fucking loser.

 

[EXPcustom]

Just got a follow up response:

Those were ILLEGAL copies made in Japan as their copyright laws aren't the same as in the U.S. and even when U.S. copyright applies it's still trademark infringement. And now Eddie has this PAINT SCHEME trademarked it is NOW illegal to sell these guitars no matter WHO made them! These aren't the legally licensed Art Series guitars that are made in Japan, China, Korea, and most recently in Mexico with Eddies blessing. THOSE (Art Series guitars) are legal and legitimately made versions made by Fender and Fender subcontractors outside the U.S. Regardless of the fact that these manufactured copies are for sale on ebay still doesn't change the fact that they are ILLEGAL copies and they violate ebays' trademark infringement policy! There are quite a few people that are breaking the rules on this site. That doesn't excuse what they are doing. This is why I said this as Fender has people looking at ebay every so often looking for counterfeitters. It's not in their best interest to be either undermined, or have their legal rights to their products violated by anyone! Even Grover Jackson was sued for using the bumblebee design that Eddie introduced on the Charvel Strat pictured on the cover of Van Halen II. He thought that it was OK to do so because he built the parts that this guitar was made from although Eddie painted it, and had it clear coated with a polyester finish in 1979 Eddie didn't give his blessing for Jackson to sell illegal copies of this guitar - one of which is buried with "Dimebag" Darryl. Meaning that trademark infringement is just that - no matter who does it!

 

[Beyond Black]

It's Ed.

His profile is from the wrong state to be Ed and some of the other stuff on his Ebay profile doesn't seem like Ed. He's just a fanboi trying to help his hero squeeze every last dime out of his millions.

Ed's tentacles are wide reaching.

 

[japetus]

Just got a follow up response:

Those were ILLEGAL copies made in Japan as their copyright laws aren't the same as in the U.S. and even when U.S. copyright applies it's still trademark infringement. And now Eddie has this PAINT SCHEME trademarked it is NOW illegal to sell these guitars no matter WHO made them! These aren't the legally licensed Art Series guitars that are made in Japan, China, Korea, and most recently in Mexico with Eddies blessing. THOSE (Art Series guitars) are legal and legitimately made versions made by Fender and Fender subcontractors outside the U.S. Regardless of the fact that these manufactured copies are for sale on ebay still doesn't change the fact that they are ILLEGAL copies and they violate ebays' trademark infringement policy! There are quite a few people that are breaking the rules on this site. That doesn't excuse what they are doing. This is why I said this as Fender has people looking at ebay every so often looking for counterfeitters. It's not in their best interest to be either undermined, or have their legal rights to their products violated by anyone! Even Grover Jackson was sued for using the bumblebee design that Eddie introduced on the Charvel Strat pictured on the cover of Van Halen II. He thought that it was OK to do so because he built the parts that this guitar was made from although Eddie painted it, and had it clear coated with a polyester finish in 1979 Eddie didn't give his blessing for Jackson to sell illegal copies of this guitar - one of which is buried with "Dimebag" Darryl. Meaning that trademark infringement is just that - no matter who does it!

Don't even bother replying. And if it is Ed or a representative, they need to come at you more professionally, not like some butthurt mega-fan boi.

 

[EXPcustom]

I'm not replying to that. As far as I understand as long as I don't use Kramer or Fender or FMIC or EVH in my listing I should be fine with Ebays trademark policies. I mean people list Tokais and Fernandes guitars with the strat headstock and Fender doesn't take those listings down unless of course someone uses Fender in the listing.

I'll be straight up honest, I am no EVH fanboi but if he sent me a message asking me to take down the listing and it was Ed and he signed it Ed I probably would.

 

[japetus]

I'll be straight up honest, I am no EVH fanboi but if he sent me a message asking me to take down the listing and it was Ed and he signed it Ed I probably would.

I would tell him he can feel free to buy the guitar from me, and burn it or do whatever he wants. But he's paying me for it.

 

[Mailman1971]

I was stationed in Japan total of 10 years when I served in the military.
I purchased all the scheme striped guitars from local music shops thru them years.
The ones I bought were made by ESP.
Stamped right on the back of the Head stocks.
Pretty sure this was prior to Ed trade marking the stripe scheme.

 

[EXPcustom]

I was stationed in Japan total of 10 years when I served in the military.
I purchased all the scheme striped guitars from local music shops thru them years.
The ones I bought were made by ESP.
Stamped right on the back of the Head stocks.
Pretty sure this was prior to Ed trade marking the stripe scheme.

You bring up a good point. EVH didn't even trademark or copyright the stripes till 1997:

"VAu-505-308 (COHM) Title: Frankenstein.

Description: Artwork on guitar.

Claimant: acEdward VanHalen , 1955-

Created: 1997

Registered: 20Feb01

Miscellaneous: C.O. corres.

 

[EXPcustom]

I looked up Ebays policy for listings removals for "copyright" and looks like if this guy reports me I could be screwed. I decided to pull the auction, it's still up on Reverb so doesnt really matter to me.

 

[japetus]

I looked up Ebays policy for listings removals for "copyright" and looks like if this guy reports me I could be screwed. I decided to pull the auction, it's still up on Reverb so doesnt really matter to me.

I did notice you did use the term "Kramer" in your auction....even though you were talking about a sticker. Might want to leave that out next time, just in case.

 

[EXPcustom]

I looked up Ebays policy for listings removals for "copyright" and looks like if this guy reports me I could be screwed. I decided to pull the auction, it's still up on Reverb so doesnt really matter to me.

I did notice you did use the term "Kramer" in your auction....even though you were talking about a sticker. Might want to leave that out next time, just in case.

Yeah, good eye I totally did not notice that.

I was just reading that they could suspend my account for 30 days and it's very hard to get an appeal over something as simple as an Ebay user reporting you. There are tons of sellers having this issue now and it takes weeks to get a resolution.

Most of my guitars have been selling on Reverb anyways. I figure this isn't a good hill to die on, the EVH striped hill.

 

[EXPcustom]

My response to the guy:

I went ahead and took down the listings because I know how screwed up Ebay's appeals process can be if you decide to report me for a wrongly perceived copyright infringement by an armchair lawyer. Good job in helping a multi million dollar corporation and a millionaire rockstar not miss out in a potential 100 dollars in royalties. Good job in making a small business owner myself have a harder time making a living. I am sure Eddie would do the same for you. The day is still young I'm sure there is more EVH listings for you to police.

 

[Mailman1971]

 

[ChurchHill]

 

[Beyond Black]

I'll be straight up honest, I am no EVH fanboi but if he sent me a message asking me to take down the listing and it was Ed and he signed it Ed I probably would.

I would tell him he can feel free to buy the guitar from me, and burn it or do whatever he wants. But he's paying me for it.

I would make a printout of the message from Ed and include it for an extra $50.

 

[japetus]

I'll be straight up honest, I am no EVH fanboi but if he sent me a message asking me to take down the listing and it was Ed and he signed it Ed I probably would.

I would tell him he can feel free to buy the guitar from me, and burn it or do whatever he wants. But he's paying me for it.

I would make a printout of the message from Ed and include it for an extra $50.

Now THAT is thinking!