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Is this Illegal Price fixing? (Vittoria RANT)(22 posts)

Is this Illegal Price fixing? (Vittoria RANT)alansutton
Jun 11, 2003 1:06 PM
Here's what's going on: I have some extra Vittoria tires I picked up on sale and now want to get rid of because the color doesn't match my new frame. I put them on Ebay. Vittoria cancels my auction saying, "under penalty of perjury, [the] item infringes their copyright, trademark, or other rights."
Vittoria also sent me a note saying to "protect" their brand, they discouraged me selling these in other venues.

They are MY tires, I own them. Why can't I sell them?!

I also read that Vittoria won't sell to a dealer unless they sell at MSRP, which for these tires in $55 each. Is this related to my Ebay incident? How does this protect their brand? Imagine if Ford prevented people from selling their cars, wouldn't you avoid buying one?

Eat this Vittoria- I'm not going to buy another Vittoria product again. If this is how you treat you customers, spend my money else where.
re: Is this Illegal Price fixing? (Vittoria RANT)african
Jun 11, 2003 1:11 PM
Wow, thats interesting. I have a bunch of there tires that are new never used that I was going to put on E Bay. Why not put them on e bay and say they are free but shipping is $40
that's nuttyDougSloan
Jun 11, 2003 1:21 PM
You can sell anything you want.

Now, eBay can set whatever policies it wants, too. I'd take it up with eBay.

This is not patent or trademark infringement. If you made or relabeled other tires as Vittoria, then that would be.

Doug
Vittoria can't "CANCEL" an auctionshamelessgearwhore
Jun 11, 2003 1:24 PM
only Ebay can. Take this up with ebay.
Vittoria can't "CANCEL" an auctionThe Human G-Nome
Jun 11, 2003 2:35 PM
EBAY cancels at the "request" of Vittoria. try to sell a microsoft OS on EBAY... same thing will happen. i have 6, perfectly legit, unopened copies of Windows 98 that i can do nothing with. (i suppose i could sell them on Craigslist or something).
you CAN sell copies of an OSweiwentg
Jun 11, 2003 4:08 PM
however, M$ mandates that they be sold with a computer or computer equipment. what I did to get rid of my old stuff - and what others do who sell OSes on ebay - was to list the equipment and state that I was including the piece of computer hardware (I had a non-functioning zip drive) that I bought the OS with. technically, if one buys an OEM OS with a piece of computer hardware (apparently even if it's a floppy drive), the sale is technically kosher.
Did you use images from their website/catalogue?gcbgcb
Jun 11, 2003 1:28 PM
That's probably what they got you on. You can sell almost anything you want but if you steal pictures Ebay should kill your auctions.
that could do it nmDougSloan
Jun 11, 2003 1:39 PM
I had no pictures. nmalansutton
Jun 12, 2003 11:02 AM
Please post E-Bay's responseDCP
Jun 11, 2003 1:42 PM
I would like to know the outcome. I suspect that Vittoria was using a procedure to claim that the product was counterfeit.
This has been discussed on rec.bicycles.marketplaceDave Hickey
Jun 11, 2003 2:02 PM
Vittoria sent a letter to Ebay regarding unauthorized dealers selling tires. Instead of trying to police it, Ebay just cancels auctions of Vittoria tires. It's not right but that's what happens.
Here is the thread...Dave Hickey
Jun 11, 2003 2:15 PM
http://groups.google.com/groups?hl=en&lr=&ie=UTF-8&th=1abeabad23c0ebc4&rnum=1
List them as Vittterry b
Jun 11, 2003 2:10 PM
they're trying to stuff the UK dealers who sell them below MSRP. eBay is just playing along. List yours as "Vitt", it doesn't violate theire trademark and most searches will pick it up.
omit the nameDougSloan
Jun 11, 2003 2:40 PM
Omit the name in text, so no one, including Vittoria, can search it. I'd bet they have an automatic search set up. Then, create a jpg image with the name in it, and place that in the ad. Won't be text searchable.

Might be worth a shot.

Doug
or, POST AN AD HERE! nmDougSloan
Jun 11, 2003 2:41 PM
Legally, NO. In this case, it looks like Ebay did it.Fez
Jun 11, 2003 2:37 PM
Did you use copyrighted photos or an official company description?

But as long as you are not a dealer and you are not selling these under the auspices of being a dealer, nobody (including Vittoria) can stop you from selling these on a secondary market.

And finally, Vittoria tires aren't that great. My own experience with one of their clinchers rate them as probably the worst I have ever ridden. There are plenty of better choices. Get rid of these and ride another brand.
It may be an attempt to restrain of tradeirregardless
Jun 11, 2003 3:01 PM
I did a quick search on ebay and there don't seem to be any private party auctions of Vittoria tires. If Vittoria is telling ebay to stop all U.S. auctions of its tires, including sales by individuals who have lawfully purchased the tires from authorized dealers, that sure does seem to be overreaching by Vittoria.

If I were you, I'd ask ebay to give you a copy of the declaration that Vittoria submitted to them and follow it up with Vittoria to see why you were excluded. Or try to relist with your own picture of your tires. You are certainly allowed to use the word Vittoria to describe the tires. That alone isn't any reason for Vittoria or ebay to stop your auction.
How does Supergo do it?MikeC
Jun 11, 2003 7:33 PM
I bought two Open Corsa CX from Supergo last week for $34.98 each, which is way under list. I think they were listed as "2002" tires...does that get them off the hook? If so, maybe you could try that???
Hey Alan...PaulCL
Jun 12, 2003 5:39 AM
First of all...which tires and what color?? I may be interested.

Secondly, I bought some Vitt Corsa's off Ebay sometime in February. After the transaction was completed, I get some email from Ebay saying that this was an unauthorized sale and I might want to cancel it. HUH?? I got the tires the same day I got the email, so I didn't cancel anything. This answers my question why I don't see Vittoria tires on line any more.

Alan...let me know. Paul
You don't see Vittoria's on Ebay becausejw25
Jun 12, 2003 7:50 AM
they list as "Vitt." or "Evo CX" or "racing clinchers" or some other variation.
Heck, I bought a new pair of Rubino Pros from Ebay ($40 shipped) a few months back, and they were listed as "racing/training clinchers".
So, list all you want, but don't use their name. Put a picture up, and those in the know will bid.
Same goes for the Microsoft OS's. They do need to be sold with a piece of hardware, but that can be anything, and need not be functional. Search Ebay for an OS, and read the fine print of the auction. I bought Win 95 there a long time ago, and got a stick of fried RAM to keep things legal.
eBay VeRO---Link to policyGiant_Tom
Jun 12, 2003 2:05 PM
http://pages.ebay.com/help/index_popup.html?confidence=programs-vero-ov.html

eBay owns the sandbox and you can't force them to do anything they do not want to do.
Cannondale as well?dawgcatchr
Jun 14, 2003 11:01 PM
Is this the case with Cannondale as well? I saw a bunch of Cannondale Scalpel auctions dissapear one day.

This development really concerns me-I sell lots of stuff on ebay, and I have every right to. I have a few Vittoria green all-weather tubulars that I was thinking of selling (may be moving to clincher) and I am going to be pissed if I can't get rid of them on ebay. It would be great if the parts classified on this site was more active.