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[collecting.dust]

I am in the UK so this query relates to a trademark that has been granted covering the UK and europe

I have recently had a listing removed from ebay under Vero.
I know ebay do not get into the right and wrongs on whether a listing contavenes the trademark law - they act purely with a kneejerk reaction following a complaint from a trademark owner.
My item removed was a brand new gold ring with the word Mizpah on it.
The owner of the Mizpah trademark (in UK & Europe) had it removed on the basis she owns the trademark for the word Mizpah.
Judging by the fact that no other new mizpah jewellery can be found on ebay or local searches of the uk internet - I am guessing she is also pretty active at policing the web and having items removed.

Mizpah rings have been made for many centuries - the term's meaning is " The Lord watch between me and thee when we are absent one from another"
It is a biblical term and jewellers have made rings and other jewellery items with this word on for centuries.

The removed ring was in no way a copy or even similar to any of any of the trademark owners jewellery - Infact she doesnt even have any rings for sale - only other types of jewellery with the Mizpah word on.
Neither is the font used the same as any of her items.
Therefore the only resemblance it has to anything she is selling is it has the same word on it.

I thought trademark law was about people being able to protect and identify a particular brand.
Is she within her rights here ? or is she abusing the rights she was granted as a trademark owner and coming down heavy to elimainate all competition rather than simpy protect her brand?

If she is within the law doing this - my understanding is that no jeweller in europe is now able to make or sell a new ring with the word mizpah on it - would this be correct ?

[collecting.dust]

I am just wondering why this question received no answers when most of the other queries here do ?

I appreciate this is a forum where people give their time free so this is in no way a critisism

Is this such a sticky area ?

[collecting.dust]

I printed off the Regulations - The law relating to trademarks

I can't understand why such a vague trademark was ever granted in the first place.

I could understand it more if the trademark had been granted for the word written in a specific font - unique to a certain type of product or was being used more like a logo.
But for owner to apply it to absolutely any use of this word (its been listed in so many different categories) seems me to be abuse of her position as trademark owner.

[Isaac]

I am in the UK so this query relates to a trademark that has been granted covering the UK and europe

The reason you have not gotten any answers is because most of us are unfamiliar with UK and European Trademark law.

If she is within the law doing this - my understanding is that no jeweller in europe is now able to make or sell a new ring with the word mizpah on it - would this be correct ?

It may well be that the trademark in question is merely descriptive when applied to Mizpah jewelry, in which case it is legal for you to sell Mizpah rings in Europe.  Surely in the UK there are cases where companies use the same or similar words as trademarks for different products.  But Ebay is not necessarily going to take on that legal risk for you.  Further, you probably have agreed to their terms of service which say that they do not have to do so.

So you cannot generalize the result for all of Europe based on what Ebay does.  But few attorneys are here are going to opine on whether the mark was properly granted.

[Kaitlin]

You have my sympathies re eBay.

The extent of their willingness to remove listings that have any hint of a connection to someone else's trademark knows no bounds, in my opinion.  As a consumer I once tried to find a second copy of a an exercise video I had.  While I found a listing of it on eBay, there was a also notice at the site that the listing was being removed.  It was evidently due to a French mark that used a small part of the title of this exercise video for either eau de toilette or perfume.  I already owned a copy of the video and was intimately familiar with the product. I had also practiced US trademark law for over a decade.  There was absolutely no basis I could see as to why anyone knowing the law and being in their right mind would even suspect confusion as to origin between the marks as used on those products.  Nevertheless, eBay kept the seller from a sale and me from a purchase.  (And refused to communicate with me, as a customer, on the issue.)    Very frustrating.

[artchain]

You have my sympathies re eBay.

The extent of their willingness to remove listings that have any hint of a connection to someone else's trademark knows no bounds, in my opinion.  As a consumer I once tried to find a second copy of a an exercise video I had.  While I found a listing of it on eBay, there was a also notice at the site that the listing was being removed.  It was evidently due to a French mark that used a small part of the title of this exercise video for either eau de toilette or perfume.  I already owned a copy of the video and was intimately familiar with the product. I had also practiced US trademark law for over a decade.  There was absolutely no basis I could see as to why anyone knowing the law and being in their right mind would even suspect confusion as to origin between the marks as used on those products.  Nevertheless, eBay kept the seller from a sale and me from a purchase.  (And refused to communicate with me, as a customer, on the issue.)    Very frustrating.

Most web businesses are very, very thin-margin.  They cannot afford to deal with litigation.  In fact, they cannot afford the resources to even have reasonably trained people making well-considered opinions.

So their almost automatic response to any complaint is to take down the material in question.

[Kaitlin]

Most web businesses are very, very thin-margin.  They cannot afford to deal with litigation.  In fact, they cannot afford the resources to even have reasonably trained people making well-considered opinions.

So their almost automatic response to any complaint is to take down the material in question.

Too true, alas.  Although I would think that by now eBay would have the reserves to do a bit better.

[collecting.dust]

Thank you all for your thoughts. I appreciate your opinions

[fb]

Could this be used as an anti-marketing tactic by a competitor?

[adamzany]

The owner of the trademark appears to be a German individual called Helena Lind. Her UK registration has actually expired, but she still has the EU registration. Theoretically, her EU registration gives her the exclusive right to use the word MIZPAH, and anyone who uses this word risks legal proceedings for infringement. The only remedy would be to seek to have the EU registration declared invalid on the ground that the mark should never have been registered. However, this proceedure is expensive.

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[Isaac]

The owner of the trademark appears to be a German individual called Helena Lind. Her UK registration has actually expired, but she still has the EU registration. Theoretically, her EU registration gives her the exclusive right to use the word MIZPAH

Surely this is an  overstatment of the owner's position.   You just used the word MIZPAH, but I doubt that the EU registration would allow her to sue you or I.

[JSonnabend]

Isaac is right, Adamzany overstates grossly the law of trademark.  In fact, Adamzany's post looks to me to be little more than an awkward attempt at marketing.

- Jeff