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Posted by thegirls on 15-Oct-2010 17:15 Report
SELLERS OF PANDORA STYLE JEWELLERY! URGENT

Hi,
I have been contacted by PANDORA regards the beads and bracelets I am selling. I did have some bracelets with PANDORA stamped in to the clasp but I made it very clear in the title and the description that they were not genuine PANDORA. I have been selling beads "to fit PANDORA" with nothing stamped into them and they are saying that these are also counterfeit? I then received a letter in the post today with a declaration to sign and return along with ALL my beads, which don't have PANDORA stamped into them, and a list of everyone I have bought them from? Can anyone tell me if it is classed as fraudulant, and if it is, surely someone selling a part that "fits a FORD car" would also fall into the same catergory? I only had a few beads?
I am going insane!
Clauds
 
Replied by wishingwell58 on 15-Oct-2010 17:31 (Ref 2213921) Report
Tread carefully as they did this on eBay . Not sure what advice to give you but if you have not at any stage sold them "as Pandora" I doubt they can do anything.
Pandora only hold the legal rights to the name and of it's designs , not over similar type of beads etc.
Replied by wishingwell58 on 15-Oct-2010 17:33 (Ref 2213922) Report
It's a shame they are going for what 'may' be pandora beads rather then what is obviously fake counterfeit designer wear , but maybe things are starting to look up in that area as well
Replied by pisces-oztion on 15-Oct-2010 17:47 (Ref 2213937) Report

I don't think you are even allowed to use the word Pandora anywhere in your listing.

May I suggest you remove the word from your listings at once?
Replied by montynonuts on 15-Oct-2010 17:52 (Ref 2213938) Report
Hello thegirls
It was only a matter of time before pandora done this
My advice to you is to pull all of your listings with the word pandora
The people that you bought your items from can also get fined as well as your buyers by pandora
Kind Regards
Monty
Replied by cut-out-signs on 15-Oct-2010 18:00 (Ref 2213942) Report
Sorry to hear your going through this BUT do not ignore this matter. I had the same thing over yonder (different product) and I was fined many THOUSANDS of dollars. Copywrite infringment can carry fines of 10's of thousands of dollars and jail if they really want to nail you.

I strongly suggest you seek legal advice and YES ...pull all your listings that even remotley mentions Pandora.
Replied by leigh3875 on 15-Oct-2010 18:01 (Ref 2213943) Report
I am an avid Pandora girl, and have been buying it for a couple of years now ( from a jeweller) and he told me about 12 months ago, that pandora were going to crack down on counterfiets
At lst, not before time IMHO

Leigh
Replied by marian-48 on 15-Oct-2010 18:14 (Ref 2213946) Report
Really I think just using the phrase FITS PANDORA would be a breach of copyright. Marian
Replied by dtfonehome on 15-Oct-2010 18:27 (Ref 2213951) Report
wow, I put the word 'pandora' into advanced search and 120 pages came up, that's 3574 items.    Someone's gunna be busy over the next few days......................
Replied by wishingwell58 on 15-Oct-2010 19:04 (Ref 2213977) Report
It's overdue and if sellers were watching eBay they would have known it was going to happen here .

Notice though that the listings for Pandora on eBay now state 'genuine Pandora" but to me it looks like there's still a lot that just don't look like the real deal , are genuine Sterling Silver Pandora beads only $31 ? And a lot now say they are not an Authorised Pandora Seller , so where do they get their stock from ?

Some time ago I recall something said about these beads and that the genuine ones have 'ALE' stamped in them ?
Replied by thegirls on 15-Oct-2010 19:07 (Ref 2213980) Report
Hi,
does anyone know if they can demand my beads be sent to them if they do not have PANDORA or any other stamp on them?
Clauds
Replied by dtfonehome on 15-Oct-2010 19:34 (Ref 2213989) Report
dunno about sending them any beads, Clauds, what they gunna do, come around and arrest you for impersonating a bead, if you don't send them?

You should be able to tell if the letter is authentic or not, if it isn't, someone's going to a lot of trouble to acquire beads eh?
Replied by gotta-laugh on 15-Oct-2010 20:05 (Ref 2213997) Report
I would definitely get legal advice, and before sending them anything, confirm that the letter is genuinely from Pandora.  You do have quite a bit of stock and it would be worthwhile for scammers to try this and resell at markets etc.  Say they do this to one hundred people or more, there will be quite a few who are scared into sending stock to them, a tidy profit for them.

I would also not be giving your suppliers and buyers details to them without confirming that the letter is genuine.  Scammers abound everywhere with new ones appearing everyday.

If Pandora was doing this at e$#y why are there still so many listings for exactly the same type as you have?   Ebay would pull those listings because they would be liable also!
Replied by stillgotstuff on 15-Oct-2010 20:53 (Ref 2214020) Report
This sounds suspiciously like a scam that was going on over at eBay some months ago.

A legitimate letter will have actually been signed by Pandora's legal representative or similar. If there is no name on the letter, it's a safe bet that it's the same scam as before. If there is a name, you may google it to verify that it is correct.
Replied by suez_bitz on 15-Oct-2010 21:58 (Ref 2214036) Report
Sounds like a scam to me.

Remove the word pandora

Use - Fits European - perhaps

I dont believe they would want you to send them the charms but then again who knows.

Id get it checked out.

Usually they contact the owner of the auction site first.

Ive had a VERO problem on ebay in the past - a short suspension (thankfully I was able to prove  otherwise)
Replied by throughthelookingglass on 15-Oct-2010 22:49 (Ref 2214055) Report
I don't go to local market often, but fake Pandora (to fit) beads cost less than a dollar each there! I'd think your letter to be a fake!
Replied by richbartim on 16-Oct-2010 09:55 (Ref 2214110) Report
sounds suss to me too... I bought a bracelet with beads from feebay it has stamped PANDORA. to me it wouldn't matter if it was stamped or not. I buy what I like the look of not for the name. get legal advice on this ..don't send them anything with out advice. try consumers advice?
Replied by dtfonehome on 16-Oct-2010 10:13 (Ref 2214115) Report
I don't how 'fits Pandora' is breaching any copyrights as not everyone knows that the Pandora style means that you screw the bead onto the bracelet/necklace, instead of threading the bead as you normally would.

Using the term 'to fit Pandora bracelet' in my opinion only defines the difference between two types of beads.

and I always thought to suit Pandora meant that you were informed that the bead screwed, not necessarily threaded.




Clauds, hang onto your beads till you get clarification one way or another as I still feel that there's some skullduggery going on.



P.S. Go insane next month when the weather's warmer..............lol
Replied by found-it on 16-Oct-2010 11:19 (Ref 2214146) Report
Just wondering if sending your buyer details to them would breach privacy laws. 

Best to get some legal advice.
Replied by dezirable-books on 16-Oct-2010 11:48 (Ref 2214160) Report
I have been contacted by PANDORA

How did they contact you?  Through the Oztion message system?

Also you say you then received a letter in the mail?  How did they get your address?
Replied by chrissy4107 on 16-Oct-2010 12:44 (Ref 2214185) Report
I would be contacting PANDORA themselves and asking if they sent you a letter or whatever, BUT not saying what it was about of course. Surley if this was ligit a laywer would be contacting you not Pandora. Your buyers have the right to privacy and you have the obligation to privide that to them. This smacks of Scam to me.
Mind you I have been changing my titles and removing the word Pandora from them and my listings even though i have only ever said pandora like, fits pandora type etc. I am not sure what to use so I am using LARGE HOLE, BEAD CHARM, AND SNAKE CHAIN  to describe the beads and bracelets I sell. I have never bought or sold any plated bracelets or beads with the words Pandora or ALE on them as I see these as fakes of the real thing.
I am not sure of the best words to describe them now. I am researching the words on the net to see what is most popular.
cheers Chrissy
Replied by rahotep on 16-Oct-2010 16:35 (Ref 2214351) Report
 Hi to all

The word Pandora itself cannot be copyrighted, as it has been in generic use for thousands of years. Pandora is a character from Greek Mythology, and therefore, as said has been around thousands of years, if any one challenged the use of the word legally, Pandora would be laughed out of court. However you can not say Pandora Jewellery or Beads, because that is a copyrighted combination.   I would just say silver charms for bracelets and will fit all styles with out naming them. 

Sounds like a scam to me, as Pandora's Lawyers would have to contact you by official letter and give you the option of complying with there warning and giving you a time frame to comply. 

I would contact Pandora and find out if they contacted you. 

I once tried to a sell a rare bottle of alcohol, not knowing you had a licence, and I got a letter from the licensing commission not an email. 

All warnings about infringements must legally be delivered to you by letter, and the letter must carry the full name of the company and phone number where you can contact them. If not check up

Regards, 

Rahotep
Replied by thegirls on 16-Oct-2010 22:23 (Ref 2214490) Report
Hi,
I should have said that the first contact I received from Pandora was through oztion's email and then oztion withdrew 142 listings! I received an email from Pandora first then the letter, my address was supplied by oztion! I can understand if I was listig them as Pandora beads but I wasn't. I just said "fits Pandora". I have no intentions of giving them a list of members I have purchased my beads from so relax my "fellow oztioners", and I will not be sending them any beads!
Clauds
Replied by dezirable-books on 17-Oct-2010 07:06 (Ref 2214596) Report
Ok, that makes a difference then.   I would like to think Oztion would not have acted if the letter wasn't genuine.   I'm wondering though why they only pulled 142 listings and left the rest, unless it's ok to say "fits Pandora"..  

On the pulled listings, if you had the wording that they were stamped PANDORA but that they were NOT genuine, I guess that can be likened to using the Louis Vuitton name in the heading then saying the items aren't genuine, which is not allowed, as you are usingTHEIR Trademark name to advertise YOUR non genuine items and someone has made these fake beads (or LV bags in my example)

I can understand them wanting the beads that DO have Pandora stamped on them (to see if they are indeed genuine I suppose), but why they want the non-stamped ones is beyond me.

You really need to ring them, and have a long talk to sort this out.  It might save you legal expenses if you just do not comply and ignore their request.
Replied by thegirls on 19-Oct-2010 00:18 (Ref 2215320) Report
Hi,
I received another email today from Pandora! I am getting very anoyed. Over the last 90 days I have sold 25 items and none were from the leather bracelets that had pandora stamped on them. I told them that I had destroyed the clasps, I have, and that pandora will not appear anywhere in my listings. You would think they would pick on someone bigger than me, try someone on ebay and leave us friendly fellows in oztion alone! This is a copy of what they sent to me.
Hi Claudia
 
Can you please follow the letter and sign the undertakings on page 4.
 
I am not sure why your other listings were taken off.
 
Regards,
Friendly bunch aren't they! The page 4 related to a decluration and it has to be signed by me and witnessed and returned to them!
Anyone know a cheap lawyer as I am 60 and on a disability pension, this is why I am selling the few beads.
Thanks for all the support.
Clauds
Replied by dezirable-books on 19-Oct-2010 06:29 (Ref 2215335) Report
What is in the declaration that makes you unable to sign it?  I'm thinking that it would just be an undertaking that you won't sell them anymore?

Sounds like they have changed their minds about wanting the beads anyway (unless that comes under the instruction "follow the letter).

Why don't you ring them!   If you don't want to pay for the call, ring and just leave a message for the person who signed the letter to call you back. I'm sure they will.

You may find that after a phone call they soften a little.   It can't get any worse can it? But make sure you remain civil, lol
Replied by thegirls on 20-Oct-2010 19:49 (Ref 2216100) Report

Hi,
I have have gained enough info to let everyone know what the outcome was on the Pandora problem. As promised I said I would pass on any usefull info that will assist in listing charm beads.

email on 19/10

PANDORA takes trademark infringement very seriously. Removing infringing listings online is just one of several initiatives. All sellers who infringe the PANDORA brand will be contacted in the months to come, so we aim to see a significant decrease in numbers of listings with our name"."Yes you can use PANDORA in long phrases e/g - "This bead will fit a Pandora bracelet" and can only be used in the description not the title".

Seems like spliting hairs to me but it will keep Pandora happy.

 email on 20/10
Replied by Admin on 02-Nov-2010 14:58 (Ref 2222086) Report
Hi Guys

PANDORA Jewelry have requested we post the following to address all queries:

PANDORA has made it a top priority to stop trademark infringement, patent infringement and to minimize the amount of counterfeit PANDORA items being sold worldwide.

From advice from our internal legal department, The word PANDORA is a registered trademark and can therefore not be used for selling jewelry or accessories to jewelry which are not made by PANDORA.

When using the word PANDORA in the listing titles, customers can easily be mislead to believing that this is indeed a genuine piece of PANDORA jewelry. This is therefore considered trademark infringement.

This means that no catch phrases, promotional or marketing phrases using the PANDORA trademark can be used, either stand-alone or in combined phrases like Pandora Style, Fits PANDORA, for, 4 PANDORA, suit or like. This goes for any headlines, product names or titles. The use of the trademark PANDORA stand-alone and in combined phrases is only accepted in general customer information describing in long text the products offered, e.g. our products fits the PANDORA bracelets (This must be put in the description not title) The PANDORA trademark and / or the name PANDORA may not be used in marketing unless for genuine articles. It may not be used as the reference that attracts consumer attention. Notwithstanding this, no PANDORA figure marks or logos can be used in any way.

PANDORA takes trademark infringement very seriously. Removing infringing listings online (both trademark and counterfeit) is just one of several initiatives. All sellers who infringe the PANDORA brand will be contacted in the months to come, so we aim to see a significant decrease in numbers of listings with our name.

Warm regards
OZtion Admin
Replied by thegirls on 02-Nov-2010 20:34 (Ref 2222369) Report
Hi,
another ozer phoned Pandora directly and got this info:
I rang Pandora and in fact its not JUST the use of the word Pandora in any context that they are clamping down on but ALSO any item that resembles anything they make eg. the Tibetan Girl, boy, rocking horse, tortoise etc even Glass Beads if the have a similar design - which of course is most of them. They suggested to me that I take a look at their website where all their things are listed and make sure nothing we sell is the same as they have - otherwise we are selling counterfeit products.
I'm one of the lucky ones as nearly all of my charms don't resemble Pandora charms.
Clauds
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