scottosan
Well-known member
Relist it as a Van Has-been signature guitar
J
JimAnsell
Well-known member
Fuck that guy. He is trying to bully you. you were much more diplomatic than i would have been 
I can't figure out what the hell would drive a person to care so much if they aren't one of eddies "people". I mean that is a lot to type out and send just....for what?
Ebay is 10+ years past its prime.
I can't figure out what the hell would drive a person to care so much if they aren't one of eddies "people". I mean that is a lot to type out and send just....for what?
Ebay is 10+ years past its prime.
Metlupass2
Well-known member
Too late... I reported you!
Rick Lee
Well-known member
Ed's real gear shows up on eBay from time to time and it's sold by a guy in Burbank, CA. There's no doubt as to its authenticity if you know what you're looking at. No idea how the seller is connected to Ed, but lots of celebrities have unknown brokers handle this stuff for them for obvious reasons.
I messaged a guy on eBay who was selling an OLP knock off of an EBMM EVH, starting bid at $1500. His listing made no mention of OLP and just said it was an EBMM EVH. I let him know what he had and he said when he typed in EBMM EVH, it came up with a suggested price of $1500-$1800. I told him they go for more than that, but that wasn't what he had anyway and, by listing it as such, any buyer would have an immediate open and shut case for getting a refund. Though anyone looking for such a guitar knows all this already. He called me an a-hole and then took the listing down. I should have had my wife snag it and then open a case.
I messaged a guy on eBay who was selling an OLP knock off of an EBMM EVH, starting bid at $1500. His listing made no mention of OLP and just said it was an EBMM EVH. I let him know what he had and he said when he typed in EBMM EVH, it came up with a suggested price of $1500-$1800. I told him they go for more than that, but that wasn't what he had anyway and, by listing it as such, any buyer would have an immediate open and shut case for getting a refund. Though anyone looking for such a guitar knows all this already. He called me an a-hole and then took the listing down. I should have had my wife snag it and then open a case.
H
harddriver
Well-known member
If you are not trying to market it as an EVH and it was produced before EVH trademarked the whole striped guitar thing then it should be legal to sell as a private seller. I could see an issue if you were a dealer trying to flood the market with cheap knockoffs that were produced after his legal trademark registration.
Mailman1971
Moderator
Yup. Last time I sold a Evh replica. I listed it as
‘Custom stripe guitar’
Zero reference to EVH.
It sold in about 3 days.
‘Custom stripe guitar’
Zero reference to EVH.
It sold in about 3 days.
R
Racerxrated
Well-known member
THIS. If the guitar was produced BEFORE Ed TM'd the stripes then there is no issue period.harddriver":zukdspd9 said:
EXPcustom
Well-known member
Racerxrated":ropmr5d5 said:
I told the guy this, and its basic copyright law 101 but he wasn't having none of it. His username and responce below.
Ebay name of stripe nazi removed.
"
Actually it IS illegal now since Eddie owns the trademark to the striped design, and it is a violation of ebay policy and cannot be sold as the yellow bumblebee Strat copy that you are also selling! It makes no difference if it was painted thirty years ago, or if it was painted yesterday - Eddie owns the rights to this striped paint scheme at the present time and will until he dies. You can't sell ANYTHING with this scheme that wasn't painted by Fender, or made by them no matter when the Hell it was made, or who made it if it violates trademark, and copyright policy!"
By the way the black and yellow strat I was selling was painted by Fender of Japan back in 1982. Once again he refused to believe it.
Mailman1971
Moderator
I like how he said ‘the back side isn’t even close to the original guitar ‘
Then if it isn’t close it shouldn’t be an option then.
This is just a guitar with stripes.
See? Even he said the back isn’t even close.
Then if it isn’t close it shouldn’t be an option then.
This is just a guitar with stripes.
See? Even he said the back isn’t even close.
H
harddriver
Well-known member
I guess you should get clarification direct on the policy from Ebay then. They did not step in and end your auctions at any time if they police them as they say.
I think the guy is overstepping his understanding of a trademark and bullying you. It would be like Ford trademarking a Blue car then saying no one could resell any car that was painted with their Blue paint that was privately owned. Until you get exact confirmation from Ebay all our discussion is conjecture.
I would also think that if the stripes were not 100% exact to the original down to a gnat's ass it would not qualify for the trademark enfringment, again just opinion and conjecture. I imagine sales are dropping for EVH guitars maybe this guy is affiliated with them somehow and so now they are trolling Ebay.
Is that the guys Ebay username? redwithbnwstripes (261Turquoise Star)
I think the guy is overstepping his understanding of a trademark and bullying you. It would be like Ford trademarking a Blue car then saying no one could resell any car that was painted with their Blue paint that was privately owned. Until you get exact confirmation from Ebay all our discussion is conjecture.
I would also think that if the stripes were not 100% exact to the original down to a gnat's ass it would not qualify for the trademark enfringment, again just opinion and conjecture. I imagine sales are dropping for EVH guitars maybe this guy is affiliated with them somehow and so now they are trolling Ebay.
Is that the guys Ebay username? redwithbnwstripes (261Turquoise Star)
EXPcustom
Well-known member
Yeah, I pulled the guys username don't want to start a war with him.
Speeddemon
Well-known member
I'm not sure if it Trademark Infringement applies here, but aside from trademark infringement, there's also a thing called Trade dress infringement.harddriver":36fc3wgr said:
https://www.upcounsel.com/trade-dress-infringement
Basically, you can't start your own brand called Cody's Cola, and then come up with an almost handwritten, calligraphed white font on a red background. It might not be a direct copy, but it will look too much like the real deal and would confuse unsuspecting customers.
Gibson tried to play that card to PRS, with the 'smokey bar' argument, about people possibly mistaken a PRS for a Gibson.