Stupid Companies Dept.: eBay Shampoo Seller Accused of Copyright Infringement

[Kristijntje]

...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

[iron_chick]

It's about enough to make me want to list some Aquage shampoo, complete with photo. 

[xppman]

To me it's just another indication that the mom and
pops continue to effect the Big boys sales.

Despite the efforts of the Big boys to try and snuff us all out. 

[Anita]

There should be laws to prevent companies/individuals from sending threatening info that they KNOW is incorrect.

As my sister likes to say... Bastages.

[FiberGuy]

Bastages

Johnny Dangerously?

[Anita]

[quote author=FiberGuy link=topic=5381.msg26970#msg26970 date=1160331547]

Bastages

Johnny Dangerously?
[/quote]

I have no clue.  I thought she made it up. 

[amy]

If every company took the same view on copyright infringement the only legal photos would be nude self portraits.  Hope this helps.

[xppman]

Now that be some stright up good marketing advise there Amy.  ;D

[stardust]

In MY case, everybody's computer screen would shatter.....

[mandy]

Another article on Aquage:

SalonQuest's case for copyright infringement is weak at best, but it does echo a growing concern for businesses and individuals alike wishing to engage in e-commerce by offering products to the secondary market.

The fact of the matter is that a small business or an individual is less likely to have the financial resources to enter into a lengthy legal battle with a major distributor over alleged misuse of a product name or image in reselling practices, even if the case for said misuse rests on shaky ground.

As a result, manufacturers seems to hold a trump card, putting secondary market resellers behind the proverbial "eight ball" with what mostly amounts to stalling tactics in the legal realm.
...

full article: http://www.webpronews.com/topnews/topnew...neBay.html