Iron Man Helmet directly banned in eBay from Marvel, anyone?

[dannylopuz]

I was selling for the first time my Iron Man helmets and my listing was removed, here´s what the email said:

"Your listing was removed after the rights owner notified us that your item violated their copyright. We urge you to contact the rights owner directly for more information about why they requested the removal of your listing and whether you can relist the item. [...] Please be sure your current and future listings follow these guidelines, keeping in mind that additional violations could result in the suspension of your account. We encourage you to contact Marvel Entertainment, Inc. directly if you have any questions."

Then they put the email from Marvel brand protection department.

Has anyone got any problems like this selling Marvel props on eBay?

 

[Kevin Gossett]

It happens all the time. My advice: comply. Continuing to sell will bring on more trouble than it's worth.

 

[dannylopuz]

But how come there are a lot of helmets out there (most from Thailand what's up with that?) and they don't get banned? Is there something they put on it or something like that?

 

[8 perf]

Could have just been you "luck of the draw." The other auctions may not have used Marvel specific terms to flag the censors in their descriptions. Cheap knock-off "laser swords" were sold everywhere in the 80's because they did not use the term "Light saber", they got away with it.
All that said, everything we reproduce on this board, and I do mean EVERYTHING, represents some intellectual property that does not belong to us. The rights holder of that property can demand anything they want in that regards. Its been a decidedly grey area on this forum and others, so basically, you sell at your own risk.

 

[animefan]

But how come there are a lot of helmets out there (most from Thailand what's up with that?) and they don't get banned? Is there something they put on it or something like that?

Some one likely reported you, Now just report the nasty Thailand recasters and get them off ebay!

 

[captnchaos]

just to throw it out there has anyone ever seen the dumb starbucks store it exactly like the real store.they got around the trademark by calling it a parody store.check it out its pretty crazy how they get around the laws.

 

[GhostMinion]

just to throw it out there has anyone ever seen the dumb starbucks store it exactly like the real store.they got around the trademark by calling it a parody store.check it out its pretty crazy how they get around the laws.

Yeah, good luck with that tactic. Marvel/Disney's lawyers have already thought of that, and got themselves covered.

 

[captnchaos]

yeah well didnt mean to use as a tatic just was sayin if ne one seen how they were doing it

 

[Kow]

But how come there are a lot of helmets out there (most from Thailand what's up with that?) and they don't get banned? Is there something they put on it or something like that?

I might be mistaken, but when reading up on the laws, regarding props and toys made by fans, it sounded like there were restrictions on how far they're copyrights could be implemented or enforced. Marvel is a huge company, so they probably have the man power to sue anyone. But it's kinda hard to see how an American based company can sue a guy in Thailand? what court would hear that case? and laws in Thailand might not follow the same guidelines.

That does suck though, i'd try selling it as a piece of "art". Trademarks and copyrights don't stand up to well when you call it a personal piece of art.

~cheers

 

[dannylopuz]

That does suck though, i'd try selling it as a piece of "art". Trademarks and copyrights don't stand up to well when you call it a personal piece of art.

~cheers

Thanks Kow, right now I'm selling a tasm print since I really need the money and I figured Sony is the mayor copyright owner for it and not Marvel, but I'll try and sell helmets as art in the future. Also I'll try selling over the junkyard as soon as I can pay for my premium membership.

 

[dannylopuz]

I already put it in the Junkyard, waaaay better. Better people