Myford monopoly ??

It would be nice if all the posters/lurkers on this forum and all the other people you have helped over the years boycotted RDG over this. Personally can`t help as they got thrown out of here years ago.I think they`ll land on their backside as they couldn`t deliver decent service before they got Myfords so can`t see them getting better.

Mark.

I don't understand. If I break up a Ford car, Ford aren't going to stop me calling it a Ford part.

On what grounds are they complaining to eBay?

BugBear

snip>

After my experiences with the faceplate; crap product, bad and cynical service, they're on my banned list already. Ebay are clearly mis-applying rules in favour of a big seller - now there is a surprise - NOT!

Much the same basis that the majority of postings on ebay are just badly identified anyway?

We should all be promoting

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.

After speaking with solicitors and Trading Standards we have been told they are breaking the law on this, both UK and EU.

Whether Ebay will view this against a high seller like RDG remains to be seen, but long, short is they are breaking the law and getting adverse publicity to boot, neither is going to endear them to the buying public.

John S.

In article , John S writes

The only part of Intellectual Property law which would seem to apply here is Trademark law.

Section 11(2) of the Trade Marks Act 1994 provides that a registered trade mark is not infringed in the case of honest practice by a use necessary to indicate the intended use of the product or service (particularly with regards to accessories or spare parts). This would seem to cover Jim Marshall's position exactly.

As for people selling second-hand Myford machines or parts, it is probably covered by the previous sub-para in 11(2): it exempts indications describing the goods or services, for example kind, quality, quantity, intended purpose, value, geographical origin, the time of production of goods or rendering of services, or other characteristic of goods or services.

It seems to me that RDG are trying to abuse their dominant position in the market place. If I were a trader in the position of those mentioned above I would consider a complaint to the OFT. However, as I have no interest in selling any of my Myford stuff (and if I did I would use homeworkshop.org and not eBay) I will not be the one doing this. Difficult to see who is the worst offender here, RDG for abusing their rights or fleabay for falling for it. The kindest view is that both are ignorant of the correct position.

David

Does that mean that RDGs own eBay adverts that use 'Myford' in the title, where the items being sold are nothing to do with Myford will be scuppered too?

As this eBay example 350490649577

Ian

Definite Keyword spamming and can be reported on Ebay , small text, report item on same line as Description and Postage Details.

I wouldn't mind but we have been careful when listing and not listing Myford xxx xxx etc "but will fit Myford" which is not a lie.

John S.

RDG themselves are using the Myford word in adverts for parts which are not specific to Myford. Example: "Dial gauge Myford" therefore others should be able to do the same. If Ebay feel they are above the law of the land a complaint should be made to the OFT. I once fell foul of Land Rover on a product we were shipping by the pallet load which had the Land Rover name moulded on it complete with lightning strike. When Land Rover came after us the legal advice was they could do nothing about the words as that is only what they were, but could get us on the use of the lightning strike which could be copyrighted.

I did wonder what the list of drills that come up with a simply 'myford' search had to do with myford at all? I tend to use google to search nowadays which trims a lot of the crap that ebay list and often actually find an real ebal listing for something I'm looking for.

Mark,

You may be confusing copyright with trade mark. A trade mark can be a work, an image, a distinctive shape or even an arrangement of colours. The words "Land Rover" and the lightning strike would both be trade marks. The let-out in your case was probably the S11(2) one I described in my previous post.

David

The let-out in your case was probably the S11(2) one I described

No David,it wasn`t.

Mark.

In article , " snipped-for-privacy@ems-fife.co.uk" writes

What I was suggesting was that to include the word "Land Rover" on the parts was covered by the S 11(2) exemption of "honest practice" description of spare parts as I described. To use the logo probably was not. If your lawyer said something different it would be more helpful to say so, instead of simply being dismissive of someone trying to help. Then we might learn something helpful for the present issue.

David

Talking of annoying words in ebay listings (of which there are too many to list but "lathe" comes to mind) does anyone know how to search for eg

Or even how to search for it on Google?

Peter Fairbrother

As I recall you can trademark made up words -or mis-spelt words - or words written in a distinctive way - or names. So Myford might be a trademark but it is unlikely that land rover is a trademark because land and rover are english words to describe something that roves over land.

Russell

Russell,that is the conclusion our legal people came to and was also agreed by the patent office. We could not defend our use of the lightning strike though.At the end of the day we were not going to risk a profitable business by taking on LR in court so just ceased making the product.

Fairly disgusting way of operating, bearing in mind their history.

I'll just boycott RDG and buy from other importers if I need that stuff

Charles

BugBear

You can't - it's a non indexed character, one of any.

Googling "term extraction" will tell you more about this, if you want the gory details.

BugBear