Constantine lighter VERO'D on ebay, odd one

[LeMarchand]

This was my 3rd Vero in 8 years, but the most unexpected one of them with a bit of a 'eh?' factor.

After having listed and sold about 10 finished resin constantine lighters on Ebay in the past 8 months, i received a vero today and my auction was removed.

not by DC Comics.......not by WB...but...by Bradford (the zippo manufactorer). Not because i used the term 'zippo' (it has a real zippo insert), but because, and i quote:

The use of the three-dimensional shape of the ZIPPO lighter in this fashion is both a clear Federal trademark infringement and a violation of the Lanham Act §43(a).

i thought it was a bit odd, the dimensions of the constantine lighter and the curve are different than a real zippo.

The run here will be finished, so no worries for those on the list

Marc

 

[Funky]

Seriously???
Could you re-list it without the word ZIPPO in your description? It sounds like they only have a problem with you using their brand name in the auction.

 

[LeMarchand]

that was my first thought, but apparently 'Zippo' has trademarked the 3 dimensional 'shape' of the lighter.

 

[Funky]

Okay, hang on. I see cheapo "Zippo like" lighters sold in convenience stores all the time. They look exactly like a Zippo in size (sans the quality). Are THOSE not allowed on eBay as well??? :wacko

 

[LeMarchand]

basicly the 'real' knock offs are not allowed, and i can get into that, Zippo wanted to put a stop to the cheap replicas produced in china etc. My constantine zippo is basicly an original zippo (i only use real bradfords) with a custom made casing, that is why i was so surprise.

if i got vero'd by WB or DC Comics i would understand it, but Zippo??? Weird ****.

 

[Ramiel]

Really odd Marc... They are really going nuts!:wacko

 

[clarence]

that was my first thought, but apparently 'Zippo' has trademarked the 3 dimensional 'shape' of the lighter.

I maybe reading this wrong if so forgive me ...does this mean nobody can now produce a 3d shaped lighter? if so I'm gonna trademark square or triangle objects:rolleyes

 

[Mike J.]

It sounds to me like the fact that you have a Zippo-shaped socket for the lighter is 'illegal.'

If that's correct, it might be because they want to prevent third-party 'accessories' of some kind...

Good luck anyhow.


-Mike

 

[Clutch]

I call BS.

 

[Nexus6]

I call BS.

On what part? :confused

 

[Darth Clouds]

:confused Which lighter is 2D :confused

 

[madrobot]

I would wager that there is an aftermarket manufacturer of addons that paid for a license on Zippo products.

It's utter nonsense that they'd do it, but if you have a lawyer with nothing to do, they'll find something to do in order to bill their client.

 

[Tan Djarka]

Maybe Zippo is putting out an official "Constantine" lighter replica and they want to eliminate the competition? Naaaa...

 

[LeMarchand]

I doubt it, i have been trying to get a license from DC Comics for the lighter, but 'they were not interrested because they don't want to stimulate smoking'

 

[madrobot]

Try donating something to charity that you custom made once, and see what their lawyers do to you.

Seriously.

 

[LeMarchand]

will they sue you a$$ off if you do????

 

[punisher]

will they sue you a$$ off if you do????

what if you tried listing it as a zippo insert case?
that might work.
good luck
-Scott

 

[LeMarchand]

nah, it got vero'd because of the 'shape'. I emailed the legal assitant back to ask why modding and existing real zippo is trademark infrigment, but haven't heard back

 

[cheech9898]

nah, it got vero'd because of the 'shape'. I emailed the legal assitant back to ask why modding and existing real zippo is trademark infrigment, but haven't heard back

I'm just stabbing in the dark, but could they have went after it as a perceived safety & liability issue? I took a gander at the rpf junkyard thread and you did have wording in the thread like 'fully functional as a lighter' & 'real Zippo'.... Not sure how your auction was worded. Their corporate lawyers may have gotten in a tizzy that if something happened & it was related to the outer case that, as is typical with injury suits, anyone and everyone would get listed including Zippo Corporate. May have to change the auction to be for the actual full factory zippo (insert & case) with 'alternate outer casing for display'