Myford flexing their muscle again.?

John

have you got a link to the earlier discussions on this.I seem to remember the chief stallholder saying it would never happen again.Don't remember him saying it wouldn't happen again for six months. Mark.

Or are just hoping we have ...

On 01/09/13 15:04, snipped-for-privacy@ems-fife.co.uk wrote:

The thread here was "Myford Monopoly??", around 10-14 Sept 2011. I expect Google would have an archive, but here are some excerpts:

On Sep 10, 11:39 am, Wayne Weedon wrote: > On 08/09/2011 14:15, John S wrote: > > > >> They are using the excuse that they hold the rights to the name Myford >> Ltd. >> As you say you can buy tyres for your Ford from anywhere or pattern >> parts. > > I've had the same Vero or whatever ebay call it slap on the wrist over > an aftermarket Amal part I sold on evilbay once. > > The part is not a copy of an Amal part but is rather an enhanced > aftermarket part designed specificially but not exclusively for the > trials market and I have manufactured it on and off for the last 25 years.. > > To even use the words "for Amal" is enough for their (Burlen) "Anal" > lawyers to get a listing pulled and a strike on the account. > > My answer was "OK, do what you like, I'll just sell elsewhere!"

It's all a knee jerk reaction by Ebay over RDG's ham fisted method of controlling the Myford name.

Ebay have defined 'standards' for listing, there is there standard as regards Trade Names.

****************

1. Use brand names appropriately

If you're selling a brand name product, you can mention the brand name in your listing and include photos that you've taken of the item. However:

Don't suggest that you're an official dealer/reseller if you're not

Don't use the manufacturer's text, images (including photos) or logo unless you're authorised to do so by the manufacturer

Example: If you're selling an Acme brand television, you can mention the Acme brand in your description. But you're not allowed to display a separate image of the Acme logo or state that you're an Acme dealer if you're not authorised by Acme to do so

You can use 'compatible with', 'fits' or 'for' before a brand name in the title of your listing if the item is specifically designed to be compatible with products of that brand

Don't use 'compatible with', 'fits' or 'for' before a brand name in the title of your listing to describe items that are universally compatible ro that are compatible with an entire product class

******************************

Now the email they sent us started off

*****************************************

MC019 eBay Listing Removed: Trademark Breach - Unauthorised Listing Content (504292676)

Dear marypoppinsbag( snipped-for-privacy@metoolsonline.com),

Thank you for your recent listing on eBay. Unfortunately, your item(s) breached one or more of our policies and had to be removed from the site. Any associated fees have been credited to your account and any bidders on this item have been notified.

160642653560 - Pair 21 tooth gears - fits all MYFORD lathes 360389180502 - Pr Tumbler Reverse Gears 28T & 30Tfits MYFORD Super 7 360390022794 - Pr Tumbler Reverse Gears 28T & 30T fits MYFORD Super 7

The rights owner or an agent authorized to act on behalf of the rights owner, MyFord Ltd, notified eBay that this listing breaches intellectual property rights. When eBay receives a report of this type of breach, we remove the listing to comply with the law.

Why did we remove your listing?

Your listing was reported for using a brand name without the right's owner's permission.

*****************************************

Lastly they say we were using a brand name without the owners permission but there standards say we can IF we put compatible, fits or for in front of it.

Where in those three adverts they have mentioned does it infringe their 'standards' ?

Can you sell a roof rack for a Vauxhall ? Can you sell an oil filter that fits a Ford ? Yes you can and if it wasn't allowed the big industry would have jumped on this years ago.

Looks like an interesting week ahead.

John S.

On Sep 11, 8:24 am, Charles p wrote: > On Sep 10, 11:19 pm, John S wrote: > > > > > > > > > >> On Sep 10, 10:28 pm, Mark Rand wrote: > >>> On Sat, 10 Sep 2011 10:57:47 -0700 (PDT), John S > >>> wrote: >>>> Ooops, >>>> Just had a Dividing plate suitable for a Myford dividing head removed >>> >from Ebay. > >>>> Same old excuse, using the Myford name. > >>>> Perhaps we should have listed it as "Load of Indian tat NOT suitable >>>> for a Myford " seems to have worked for RDG ? > >>>> John S. > >>> Slightly ironic in that there is almost certainly no other current, >>> commercial, manufacturer of those dividing plates in the entire world :-| > >>> The lads from Hebden bridge/Mytholmroyd aren't doing themselves any favours. >>> especially since they will need some local manufacturing capability if their >>> stated plans for the Myford product are to happen. > >>> The other thing that confuses me is that I see references to "MyFord".. What >>> has that got to do with "Myford"? > >>> Mark Rand >>> RTFM > >> For some reason Myford Holding registered this name at Companies house >> just prior to the explosion. > >> John S- Hide quoted text - > >> - Show quoted text - > > I suppose that if we're being technical about this it's Myford Limited > that are getting Ebay to take this action. It's a different legal > entity from RDG Tools Ltd. However we all know that it's the same > people who are behind it and it is shoddy. > > Whilst this is my favoured forum online I'd strongly suggest that > making this point in other places would help. I personally despise the > Model Engineer website because they fell into the trap of creating > about 30 different "sections" and life is too damn short to read > through hoping to find something useful. However the "Manual Machine > Tools" section would be appropriate. And the big US site will make > sure that RDG and Myford's folly in line of attack gets to the top end > of the search results quickly > > Charles > > Charles

It's on the ME forum at

Also on the Model Engineers Clearing House Alan from RDG has recently replied on the ME forum and made it clear that it's personal. The way Ebay works in that you have to fill a form in called a VeRO and this has to be done manually and for each item you want removed.

It is not an automatic process.

I feel very flatted that the 8 items we sell that are Myford related are causing RDG / Myford so much grief.

Long / short is all they are getting is bad press, so far not one post in support. Also after all the explanation not one reference on why Jim Marshall who only sells genuine second hand Myford parts has been roped into this farce.

John S.

John S wrote: > On Sep 11, 8:24 am, Charles p wrote:

SS.11(2) Trade Marks Act 1994:

"(2)A registered trade mark is not infringed by?

[...]

(b)the use of indications concerning the kind, quality, quantity, intended purpose, value, geographical origin, the time of production of goods or of rendering of services, or other characteristics of goods or services, or

(c)the use of the trade mark where it is necessary to indicate the intended purpose of a product or service (in particular, as accessories or spare parts),

provided the use is in accordance with honest practices in industrial or commercial matters."

As far as I can tell there is no infringement in John's use of the Myford trademark.

It's also not passing off or misrepresentation. So there is no legal requirement on eBay to remove John's listings. I think there is a legal requirement on eBay to _not_ remove the listings, but this is very much more complex.

However John could certainly sue RDG/Myford, and win. An injunction preventing RDG/myford from asking eBay to remove the listings should be easy to get, if a little expensive.

Peter Fairbrother (not a lawyer, just a sometime legal analyst)

Should have mentioned ... I have a full copy here, although it should also still be downloadable from the news feed? But I must say that there is no copy of the statement promised on the 12th September 2011!

Gets even murkier.

Just been sent a link that RDG are selling knocked off Stuart parts on Ebay.

Be a bugger if someone forwarded this link to Stuarts and got them to slap a VERO on RDG :-)

The new owners will probably be very interested since they are trying to restore designs lost over the years ...

I'm a bit intrigued.

Could someone give me a summary of the story here please?

Look at the 2nd link in Peter F's message of yesterday.

Cliff Coggin.

Thanks, I'd missed that link.

Murky waters.

;-)

The process has started :)

Now to see if Stuarts react !

AWEM

Their memories aren't that short. I recently conducted a test and found that I'm banned from bidding on their items :-) Not an issue as the poor quality and crap service on the faceplate means I will never deal with them again. Which reminds me I must pull that item out and check the current warp factor.........

cheers

Good man. Any reaction yet?

Cliff Coggin.

Absolutely none whatsoever ! They have an email address on their web site sales@ etc and it was that I used

AWEM

Just wondering if anyone has noticed that the postings on Model Engineer forum relating to this subject have been removed by the magazine....

Has Myford manipulation now extended to the media as well ??