Chuck Collins/Interfax vs Clone Pedals

[Gristlepig]

So, I built me a couple of Harmonic Percolator clones on the MB Pepper Spray pcb. As I often do, I listed one on Evilbay to make a bit of scratch to fund more transistors, enclosures, beers, etc...

I wake up this morning to find my listing has been removed for "copyright violation" and was being called a "counterfeit item". The complaint was lodged by Chuck Collins, the guy who builds Interfax Harmonic Percolator clones.

Now... this pedal looks nothing like the Interfax unit (bright pink 1590B) nor did the listing claim it was an Interfax unit. As a matter of fact, the word "clone" was used throughout the listing. I have no recourse through ebay, and Chuck's complaint used a dead hotmail address.

I am I not correct in my understanding that the only thing that can be copyrighted is the PCB art?

I dunno, there are plenty of HP clones for sale on ebay. I don't know why he'd go after my single pedal.

[culturejam]

Some people hate competition. 

Maybe go here and send an email to the listed address: http://www.theremaniacs.com/percolator.html

I don't think anyone owns the Interfax brand and/or product names. That guy doesn't claim to own it either, merely that makes EXACT (he yells a lot) clones. He's probably just a crotchety old bastard that feels threatened by you for some reason.

[Betty Wont]

This asshat does it to me too. He has "harmonic percolator" registered with ebay so he stops you from using that in your title. You CAN still use the phrase in your item description and he can't touch you. I just renamed mine "harmonic coffee maker" in the title and made albini references, and mine sell quickly and dipstick can't kill the listings.

[thesmokingman]

there's a phone number on there ... I'd suggest giving it a ring

[Gristlepig]

I just noticed his listing states you can buy the pedal cheaper at theremaniacs.com. And that there is a direct violation of ebay rules. Report initiated.

[culturejam]

Report initiated.

I was actually going to suggest something along these lines in my original post, but I was trying to keep things positive. 

Another angle you might pursue is that his advertising is somewhat unclear whether he's selling an actual original Percolator or a clone. I read it three times and I was still confused.

[alanp]

Is the original Percolator designer still around, and on the webz?

Come to that, who owns the Harmonic Percolator brand? Has it lapsed into the public domain?

[Betty Wont]

Is the original Percolator designer still around, and on the webz?

Come to that, who owns the Harmonic Percolator brand? Has it lapsed into the public domain?

OG designer is dead and so is thr company. This guy makes clones. But he has filed a (false) domestic trademark with ebay who enforces it IF you use "harmonic percolator"  in the listing title. He also stops catalinbread karma sutures from being listed as percolator clones. He can't touch the fredric effects clones because they aren't in the US. He can't stop you from calling it a percolator clone in the item description though. He is exploiting an ebay loophole in order to eliminate competition. And he's a nasty fellow if you do get ahold of him. I've been fighting this guy for years.

[culturejam]

OG designer is dead and so is thr company. This guy makes clones. But he has filed a (false) domestic trademark with ebay who enforces it IF you use "harmonic percolator"  in the listing title.

Is there any way to appeal to ebay? Like, if 10 people complained separately, would that do anything, I wonder?

It really chaps my ass when people do this kind of crap.

[matmosphere]

OG designer is dead and so is thr company. This guy makes clones. But he has filed a (false) domestic trademark with ebay who enforces it IF you use "harmonic percolator"  in the listing title.

Is there any way to appeal to ebay? Like, if 10 people complained separately, would that do anything, I wonder?

It really chaps my ass when people do this kind of crap.

I would think if you did file a complaint you should find some document about the original maker and company that shows they are no longer a business and have not made the real thing for many years.

[selfdestroyer]

Hmm it looks like he picked up the trademark for the name when it lapsed.. maybe.

https://www.trademarkia.com/harmonic-percolator-78185820.html

Im going to continue digging, this is fun. lol

[culturejam]

Hmm it looks like he picked up the trademark for the name when it lapsed.. maybe.

https://www.trademarkia.com/harmonic-percolator-78185820.html

Im going to continue digging, this is fun. lol

I'm not trademark expert, but that does indeed appear to be legit. And in that case, if he doesn't aggressively defend the trademark, he could lose the registration.

On the other hand, clearly describing a product as a clone of a Percolator should be sufficient to remove possible consumer confusion (like how store-brand acetaminophen labelling says "compare to the active ingredient in Tylenol") , and in my non-lawyer opinion this guy is over-reaching. Maybe he's ignorant or maybe he's a colossal cock-end. There's no telling.

[matmosphere]

According to that website he's also pretty close to where interfax was. Perhaps there is more to the connection than we know. He could be related or an old employee.

[Gristlepig]

I've reposted the pedal on the evilbay. Ol' Chuck be damned.

Does it look as if I'm still infringing on his trademark?

https://rover.ebay.com/rover/0/0/0?mpre=https%3A%2F%2Fwww.ebay.com%2Fulk%2Fitm%2F113005589547

[pickdropper]

I've reposted the pedal on the evilbay. Ol' Chuck be damned.

Does it look as if I'm still infringing on his trademark?

https://rover.ebay.com/rover/0/0/0?mpre=https%3A%2F%2Fwww.ebay.com%2Fulk%2Fitm%2F113005589547

Ok, this line from your auction made me chuckle:

"I'm a skilled solder monkey and a considerate lover. Check my feedback.  "