10-08-2006, 11:16 AM
Quote:...some companies don't like their prices being undercut on the Internet and have devised a variety of strategies to squelch unwanted competition. Some companies claim using their names in an online listing infringes their trademark in the name. An even more common approach is to claim copyright infringement over unauthorized use of product images.
California resident Jamie Olson ran into this problem when she decided to make some money selling salon hair care products online. To test the waters, she bought some shampoo made by a company called Aquage and put it up on eBay. Because consumers generally like to see what they are buying, the eBay listing includes a picture of the bottle that Olson took with her own camera.
The company was not pleased. Olson soon received an email from a private investigator hired by SalonQuest, the maker of Aquage, demanding that she stop selling the products. The reason: "You are displaying copyrighted Aquage containers in your advertisements," which, according to the private investigator, is a "violation of SalonQuest's legal rights under the federal Copyright Act." Olson was given five days to "immediately remove all Aquage products from your Ebay offerings" and "confirm for us in writing your agreement to permanently discontinue all sales of Aquage products over the internet or through any other form of mail order." In other words, displaying a picture of the company's product, according to the company, infringes its copyright in the product's packaging.
full article: http://pubcit.typepad.com/clpblog/2006/10/post.html