I'm sooo mad...i'm seeing red

I listed my Michael on ioffer.com. I want to go check my store and Michael was GONE!!!..I found this in my inbox…

This Item Has Been Removed By gerberchildrenswear

Removed on: Oct 19, 2009 - 5:15 PM
Reason removed: COPS - Offers a counterfeit or otherwise unauthorized item that violates the IP Owner’s trademark.

iOffer respects the intellectual property of others, and we ask our members to do the same. For more information please refer to our listing policy and copyright policy

Has anyone ever seen this before?..I can’t relist him till I get WRITTEN permission from these idiots and there is no information to get in touch with them!!!

Michael was wearing Carters Child of Mine clothes…I DID NOT have Gerber anywhere in my auction…I’m ssoooo mad I can’t see straight… They had no reason or right to pull that auction…

Did you use the word onsie or any similar spelling. Gerber owns that word. I just saw that in the last couple of days I think on Ebay (I do think it was on Ebay when I doing research on changing the reserve price).

yes I used the word onsie…gerber dosen’t own all onsies, if its not a gerber onsie do you call it a twosie?..I have it in my auction for Chrissy there but they didn’t pull that one…I’m sorry…I’m so mad when you can’t find help out on there site. I might pull all my babies from there. Thing is I was getting emails about my babies there.

Jubilee you just came up with a brilliant solution and I’m adding only a tiny change. They don’t own the copyright on 1z - lets do that! The twozie idea is what changed my thinking. Maybe BB will get the copywright on 1z and I spelled copywright wrong on porpoise. (Some words may be a registered Twidemark)

I think is it quite likely that they want to interfere with other companies Gap, BabiesRus, George (Walmart), but that is expensive so they are going after the small sellers, and therefore, the small sites, and then they can win in court and have precedence and then go after anyone on Ebay or any other big company or site.

I hope I said that clearly about the idea of how to win cases (with a lawyer and a lot of money).

this is what I found what I have to do to get it reinstated…This is crazy…so I just pulled my auctions and will try to figure out how to get my info out of there…

DMCA COUNTER-NOTIFICATION PROCEDURE (FOR COPYRIGHTED WORKS ONLY):
After iOffer notifies a seller that it has removed or disabled access to the seller’s listing because it contains material that allegedly infringes a third party’s copyright, the seller may give iOffer a statutory counter-notification pursuant to the DMCA in an effort to have the material in question restored. Any counter-notifications must be given in writing by email, fax or regular mail (see below) to iOffer’s designated agent Alan Korn (copyright@ioffer.com) and must contain the following elements:

Your physical or electronic signature
A description of the item that was taken down
The item number or URL of the item before it was taken down
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the item to be removed or disabled.
Your name, address and telephone number, and
A statement that you consent to the jurisdiction of the federal district court where your address is located (or if you reside outside the United States, that you consent to jurisdiction in San Francisco, California), and that you will accept service of process from the person who provided notification under 17 U.S.C. Section 512 ©(1)© or an agent of such person
Note that you may be found liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity does not infringe the copyrights of others. If you are unsure whether certain material may infringe another’s copyright, we recommend that you first discuss this issue with legal counsel.

Please note that iOffer enforces a policy that provides for the termination of users who are repeat infringers in appropriate circumstances.

Gerber has registered the word onzie, onsie, onezie, onesie and a multiple of other spellings and it can’t be used in connection with any other product. There are many words that are registered - ‘facial tissue’ is the term for K****x when we don’t want to be in trouble with Proctor Gamble? - I forget which biggie it is.

I should have said that first.

— Begin quote from “jubilee6654”

yes I used the word onsie…gerber dosen’t own all onsies, if its not a gerber onsie do you call it a twosie?..I have it in my auction for Chrissy there but they didn’t pull that one…I’m sorry…I’m so mad when you can’t find help out on there site. I might pull all my babies from there. Thing is I was getting emails about my babies there.

— End quote

LMBO on the onsie comment…but seriously…this is the most ridiculous thing I have heard happen with auctions in a long time. I hope that you can get this resolved and sorry that this happened to you. BTY your baby is 2die4!

Wow, who at Gerber has nothing better to do than go searching for people using the word “onesie” in an auction? I guess from now on we will all have to refer to them as a snap crotch T-shirt.

I really don’t think it was the word onsie. I had it in Chrisy’s auction and they didn’t touch it…maybe they were jealous I bought Carter…lol

That is just insane!!! I definitely don’t get it! That’s so stupid that just because they claimed the rights to the word onsie, that you can’t use it in an auction. I guess the proper term to use is “bodysuit”. Sheesh, what is the world coming to!

I think the trigger might have been the combination of the words Carters and onesie. It’s probably not a person. It’s probably a bot.

no…I didn’t put Carters or Gerber in my auction. I did not mention any brand names…

We don’t actually know if the word onsie was the reason, it was just a reasonable suggestion on my part. They could ‘own’ other words that we commonly use and never would think about. Or it could be a law firm that searches for several words - Disney Beast Beauty Cinderella Mary Kay Clinque Baby Gap Springmaid Harley Davidson.

I like Anjsmiles suggestion ‘Snap crotch T-shirt’, but 1Z is shorter - Gerber didn’t think of registering it first and it has been used here so unless somebody else used it before now, it is ours. I will copy this post and make a record (I don’t just mean this reply- I mean the whole topic and all the replies).

I named a baby Tiffany once and used it in the auction title. The auction was pulled for the same stupid reason copyright infringement. Didn’t matter that it was a dolls name lol.

Well I could be confused about copyright and Registered, but I do think copyright is about a work that is more than xx pages (let’s say 17). I made up that number.

I think Registered is about words or a phrase and I have no idea how many they may be. The only reason I say this is because I don’t want someone to get a wrong idea based on what we said here. The laws have probably changed since the last time I looked at them and I didn’t hire a copyright lawyer to hold my hand, look over my shoulder and give me expensive advice.