Legal Question in Intellectual Property in California

Advertising on eBay results in ban

Hello,

Thanks for taking the time to read my question, I won't waste any time. Firstly I set up an online auction at eBay for a company that does 'powerleveling' (basically someone you hire plays the game for you) and my auction got taken down for voilating the intellectual rights of Blizzard, which is the company that owns the game, ''World of Warcraft.'' I was wondering if them sniffing out and taking down my auction was legitimate and legal. I was merely advertising the services of one company, and the affiliation was through the game itself.... Anyway it's difficult to type out all the details and those are vital so I don't expect a full followup, no worries. A website where a write up of a similar topic had me second guessing, check it out, it's a news article, if you are interested in pursuing: http://www.theregister.co.uk/2006/04/06/world_of_warcraft_case/

Again, Thank you!!!

Just another person in the world,

~KeViN Dieny


Asked on 11/07/06, 11:24 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Advertising on eBay results in ban

A company such as eBay that runs a private auction site can pretty much make up its own rules. Ebay isn't a regulated public utility.

Apparently, someone determined that your auction was violating someone else's trademark or possibly copyright rights, and from the limited description you've given, I would be inclined to agree, but who knows? My hunch is that you don't appreciate the breadth of trademark protection, especially that provided by case law decisions which have extended the coverage provided by the black letter law of the Act itself.

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Answered on 11/08/06, 12:27 am


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