Question about eBaying replicas...

juno

Sr Member
RPF PREMIUM MEMBER
Okay, so I had my first auction pulled. What can I do? My Hogwarts Express tickets aren't EXACT EXACT (just as close as I can make them). . . is there wording I need to do? I don't see the Marauder's Maps being pulled... :cry
 

juno

Sr Member
RPF PREMIUM MEMBER
:cry

Title: Harry Potter Hogwarts Train Platform 9 3/4 ticket prop
(just realized I left REPLICA out -- if I add replica is all well and good?)

"Platform 9 ¾? But, Hagrid, there must be a mistake. This says Platform 9 ¾. There's no such thing. Is there?

Are you itching to attend Hogwarts? With this ticket you'll be half-way there. (Although I can't guarantee running at the wall between platforms 9 and 10 will get you to the Hogwarts Express.)

If you're the winning bidder, you'll receive one wonderous ticket -- this ticket, just like the movie's, printed on plain paper with gold foil details. The text matches the movie ticket exactly. It is approximately 2 1/4 x 4 3/4 inches in size.

Shipping is $1.00 and I will ship anywhere in the world. As I cannot confirm whether or not the buyer is magical or muggle, I'll be using the muggle mail system for shipment so as not to arouse the suspicions of the Ministry of Magic.

Also, due to the recent loss of my Gringotts' vault key, I can only accept PayPal, check, or Money Order (I will wait for checks to clear before shipping).

Please note that this ticket is a one-of-a-kind piece of art. Although printed on a computer, all the gold foiling is hand-applied by me, and I also hand-created the original artwork. If you have any questions please e-mail me, I'd be happy to create a custom ticket just for you. This ticket would make a great gift for any Harry Potter fan.
 

EmmasOneandOnly

New Member
Why is stuff like this pulled?

is it because the tight-wads at WB arnt making money when we do this?

If you want to keep it up I suggest removing a pretty good lot of "this is an exact match to the one in the movie" because that may hurt you. Or just the title. Hogwarts is copyrighted, only HOGWARTS SCHOOL OF WITCHCRAFT AND WIZARDRY but you might want to put Harry Potter Replica Wizard School Train Ticket or something like that.

Good luck :angel
 

Rylo

Master Member
RPF PREMIUM MEMBER
You're flagged, now. List it again and they'll catch it...

STOP; otherwise, you risk a C&D and losing your Ebay account for multiple violations.

Do not listen to playground logic about changing words around. Harry Potter "ANYTHING" is property of WB.

Warner Bros is the most aggressive studio there is. A VERO means your auction was removed by the request of the license holder and your item is infringing.

Happens to the best of us. You stop and move along. There is no reasoning as to why one person gets pulled when another doesn't....it's just always been that way as any prop, old-timer will tell you.

Sure, it sucks but that's the way it is.
 

Blad

Sr Member
Absolutely agree with Rylo, you will be flagged - if you list it again and get vero'd again you may well find your eBay account blocked.

I'm afrad you need to move on to something else. :(
 

Roger Ramjet

Sr Member
I buy and sell Trek Props a lot on ebay (Just ask the wife) and once you are flagged, your auctions will be monitored for a period, not forever but just to make sure you do not try and relist this item, so word to the wise as Rylo said, cut your losses and move on...

Roger
 

juno

Sr Member
RPF PREMIUM MEMBER
But now, here's where it gets weird. My Sorcerer's stone stone was not removed -- however ALL my tickets were.
 

Rylo

Master Member
RPF PREMIUM MEMBER
Shrug your shoulders and move on...

I've had items pulled even "after" the auction ended...like 2 weeks after and then PayPal reversed the charges on me, too.

All you can do is honor the request to stop when asked.
 

SurferGeek

Sr Member
RPF PREMIUM MEMBER
The resulting Vero isn't always a discovery made by the copyright holder. Over the years I've seen competing replica prop makers battle silent little wars by narking on each other directly to the copyright holder. :rolleyes

Don't bother trying to open another account name to sell them under as they are still linked to you.
 

Jimbo890

Well-Known Member
I agree, the description or title was what caused it. Veroed. You have been flagged, and if you try that again, you run a risk of getting blocked. Try again, in 6 months, or make something new. Maybe change it up a lot, and say "inspired by the movie..."

Try selling your stuff else where. Try the Junkyard, or your own sales page.

This hobby really is a gray area. Ebay is high enough profile, that the WB, et. al. will see it, and if they think they are being violated, this sort of thing happens.

Good luck with it. OR, you could buy some Harry P. used DVD's for cheap, and sell them with a free Ticket.
 

juno

Sr Member
RPF PREMIUM MEMBER
Thanks for all the advice. I'm just going to let it pass -- there go my dreams of making millions off of train tickets :rolleyes. I actually contacted WB about it -- asking what I could do to make it less infringe-worthy. Here's there response (I love how they encourage me to rat out my fellow makers):

Thank you for your inquiry.  As you may know, Warner Bros. Entertainment
Inc. ("Warner Bros.") is the owner of trademark, copyright and other
intellectual property rights in and to the Motion Picture entitled Harry
Potter and the Sorcerer's Stone and all sequels to it.  Because of these
rights, no one is authorized to manufacture, reproduce, copy, sell
and/or offer for sale any products/services which utilize the Harry
Potter Property without the express written permission of Warner Bros.
The platform which you have offered for sale has not been authorized by
Warner Bros., therefore we suspended your auction.  I apologize for the
inconvenience of your suspended auction, however, I hope that you
understand our position.  Further, please be assured that we never
attempt to single-out any one, or group of, sellers.  In that regard,
please feel free to forward any questionable auctions to our attention
and we will be sure to investigate and take appropriate action.  Thank
you for your attention to this matter.

Warner Bros. Entertainment Inc.
 

Darkknight0667

Sr Member
Originally posted by clutch@Feb 28 2006, 02:54 PM
Ha.  What a load.
[snapback]1195774[/snapback]​
What do you mean? They are the license holder to the HP property (probably paid JKR a tidy little sum for the priviledge, too). Juno is not. They want to assert their right that he can't sell replicas of their property. Any of the studios can do this to anyone here that sells their product on ebay (or anywhere else, for that matter) at any time. And, they can pick and choose who they decide to stop, too. And the only explanation that they have to give is:

Warner Bros. Entertainment
Inc. ("Warner Bros.") is the owner of trademark, copyright and other
intellectual property rights in and to the Motion Picture entitled Harry
Potter and the Sorcerer's Stone and all sequels to it.  Because of these
rights, no one is authorized to manufacture, reproduce, copy, sell
and/or offer for sale any products/services which utilize the Harry
Potter Property without the express written permission of Warner Bros.
The platform which you have offered for sale has not been authorized by
Warner Bros., therefore we suspended your auction.
It's not "a load", it's their right. It's really no different that LFL going after AA/SDS, except in the size of the studio's reaction.

Now, maybe when the heat is off him (3mos, 6mos, a year?), Juno can relist his replica and, if he avoids any mention of HP, Hogwarts, etc. he could probably slip under their radar. But, that a big chance to take on a maybe. He's best off just taking his loss and moving on.
 

Jedirick

Sr Member
RPF PREMIUM MEMBER
Well, I was going to support Rylo's comment and say something similar to DK but since it's been said...

Animosity toward licensors or licensees for that matter, really can't exist in this hobby. They have the rights. Only the awareness that we pursue this as a hobby and not for profit keeps the wolf from the door.
 

juno

Sr Member
RPF PREMIUM MEMBER
Not feeling animosity however....
"Now, maybe when the heat is off him (3mos, 6mos, a year?), Juno can relist his replica and, if he avoids any mention of HP, Hogwarts, etc. he could probably slip under their radar. But, that a big chance to take on a maybe. He's best off just taking his loss and moving on."

I'm a SHE a SHE -- Juno is the Roman version of Hera -- a SHE I tell you...
heheh :lol

That said...thanks for all the advice. My biggest fear was that I was going to get sued for making these things. I don't mind stopping eBaying and selling them sub rosa. And I am going to keep selling the stones till they yank those too.... Mwhahaha

And I guess I should also state that selling the few I did on eBay really connected me with some awesome fellow HP fans -- that I'm still corresponding with. So in the end, it was worth it.
 

tripoli

Master Member
RPF PREMIUM MEMBER
Actually, your pretty lucky. My first auction with a WB infraction resulted in a direct C&D Ceast and Desist letter from the lawyers. Turn over any and all property with relation to the auction, list all previous profits, letter of apology, letter of income, ect. It was one odd item I had bought earlier on ebay, so it was not a bad thing, but the legallese demands raised my blood pressure quite a bit.
Not something you really want to go through.
So adhere to Rylo's advice, its not worth the legal issues that could result if you did try to relist the item again.
 

Darkknight0667

Sr Member
Originally posted by juno@Feb 28 2006, 03:56 PM
I'm a SHE a SHE -- Juno is the Roman version of Hera -- a SHE I tell you...
heheh :lol
[snapback]1195818[/snapback]​

WHOOPS... I guess my chauvenism is showing again. Sorry about that.
 
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