I also had an item removed from my listings. Item Moon Jar - Solar Power LED Mood Light. Then it goes to say.....'The rights owner, Suck UK Ltd, notified eBay that this listing violates intellectual property rights'. I then contacted Suck UK and this is what they had to say...'Suck UK, in partnership with Tobias Wong, is the designer, manufacturer and distributor of the Sun Jar. It comes in three separate colours of Yellow, Blue and Pink.
The products you are selling are illegal copies and most likely sourced from China. The relationship with SUCK UK and eBay is on a much higher level than the superficial state that you have
been made to think. Every claim I make has to be back up with proof. They have worked with us on several successful legal cases against both retailers and suppliers of fake SUCK UK products.The Law:
Design Right applies to original, non-commonplace designs of the shape or configuration of products. It exists to prevent unauthorised copying. Design Right is automatic and registration is not required.
Our ownership of the intellectual property:
There are many published international press features and other proofs of ownership that pre-date your counterfeit item. For clarification the article in Vogue magazine is attached again. The issue is dated December 2006. It has our name next to it. You will not find any prior published reference to this product.Patents are for inventions (Spark Plugs and Fluorescent tubes).
The Sun Jar is not an invention, it is not patentable.
However the design of the Sun Jar (it's appearance, shape and configuration of parts) is protected by 'Design Right'
Design Right applies to original, non-commonplace designs of the shape or configuration of products. It exists to prevent unauthorised copying. Design Right is automatic and registration is not required.
This European law also extends to Hong Kong and there is a similar system in place to protect intellectual property in the USA (Not for 'inventions' but protection of 'design').
All of the products that you refer to are illegal copies and we are challenging all of these. Regardless of where you are purchasing your product (and it is not through our trusted supplier) they are illegal counterfeit items. Regardless that you are one of many breaking the law, you are still breaking the law.
There is no doubt that the counterfeit product is a direct copy of our original design - it is virtually identical in every respect.
It would be possible to create a solar lamp with a different appearance and configuration of parts - this would not be a copy'
Then this is what Chinavasion has to say...'To our knowledge there is no IPR issue with the products you mention.
Complaining to ebay about a trumped up IPR claim is a well known trick by some ebay sellers to get rid of their competitors on the auction site.
Ebay typically grants any claims to avoid the costs of following up in any detail.
You can contest the ebay decision and request detailed information.
If you get further information such as actual trademark or patent documentation we will be glad to have a look at it for you'.