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Topic # 89707 7-Sep-2011 21:41 Send private message

So...I have a barely used 7" Apad II that I listed on Trademe.
Within 18 hours of listing, I have received a an email from Trademe stating that my listing has been pulled because they will no longer sell "Mp3/4's, touch phones and tablet PCs that could easily be mistaken for Apple products".

My listing clearly stated it was a MID 701-R. Not sure how anyone could mistake that for an iDevice..

Am I annoyed? Yes. Do I think it's wrong? Yes.

What I am most annoyed about, despite it now being very difficult to sell a non-apple device, is the fact that despite this tablet being bought at a NZ retailer, plenty of them being bought and sold on the net and the fact that it's nothing like an iPad (I'm writing this on my iPad) there's nothing I can do to change it.

Wrong wrong wrong. Yet another example of Trademe pandering to the whims of a giant international corporation.




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  Reply # 518295 7-Sep-2011 21:46 Send private message

 Yet another example of Trademe pandering to the whims of a giant international corporation.


Summed up quire nicely in your last line. i believe you can call them to dispute it, however it will cost you as I believe they only have a 0900 number.

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  Reply # 518297 7-Sep-2011 21:49 Send private message

That is pretty bizzare alright. It is pretty amazing come to think of it. Obviously there have a been a multitude of complaints by customers who are too inept to realise the difference.

It is pandering to the lowest common denominator of customer. Trademe are saying their customers are too dumb to tell the difference. It doesn't bode well if I ever want to sell my honeycomb tablet....




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  Reply # 518298 7-Sep-2011 21:51 Send private message

insane:
?Yet another example of Trademe pandering to the whims of a giant international corporation.


Summed up quire nicely in your last line. i believe you can call them to dispute it, however it will cost you as I believe they only have a 0900 number.

I've replied to the email expressing my disgust and surprise, but don't expect an outcome in my favour.




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  Reply # 518305 7-Sep-2011 21:59 Send private message

Wow. That is truly astounding.

I'd say you have an anti-trust case here. Ok, it might be taking it a little far calling it anti-trust, but it certainly has an air of it.

Sure, the name APad is a somewhat similar, but it is pretty obvious to anyone with a clue that it is not a genuine Apple iPad.

Notify the commerce commission. I'm sure they would be interested.

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  Reply # 518306 7-Sep-2011 22:05 Send private message

What if you list it under a heading of Tablet, rather than apad... (I see theres still about 50 listed) And in new listing state it is not an apple product.

Maybe its a 'you said apad and I thought ipad' thing, rather than a block on the product per se.

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  Reply # 518307 7-Sep-2011 22:11 Send private message

@Handsomedan,

You need to state multiple times within your auction description that:

"it is not an Apple iPad, but an Android device running version 2.3?"

It would also help to say "I prefer this Apad device over an Apple iPad because...but I no longer need this Apad device."


If thats gets pulled by Trademe, make sure you have taken a screenshot of the listing and send it to the comcom.

 



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  Reply # 518309 7-Sep-2011 22:14 Send private message

oxnsox: What if you list it under a heading of Tablet, rather than apad... (I see theres still about 50 listed) And in new listing state it is not an apple product.

Maybe its a 'you said apad and I thought ipad' thing, rather than a block on the product per se.
I did think about that, but my listing was for an Apad II MID M701-R

Also noted on the listing that this was a 7" Android Tablet. That was the first thing I put.




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  Reply # 518313 7-Sep-2011 22:28 Send private message

Trademe need to add a free picture to all auctions that are not apple devices.

Take these listing for pads, People may think they are apple ipads

Or these apple products, apple devices. again not real apple devices.

Where to draw the line to protect consumers.

And Eye pads? Eye Pads | Trade Me

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  Reply # 518314 7-Sep-2011 22:30 Send private message

Handsomedan:
oxnsox: What if you list it under a heading of Tablet, rather than apad... (I see theres still about 50 listed) And in new listing state it is not an apple product.

Maybe its a 'you said apad and I thought ipad' thing, rather than a block on the product per se.
I did think about that, but my listing was for an Apad II MID M701-R

Also noted on the listing that this was a 7" Android Tablet. That was the first thing I put.


It could be a mistake by trademe staff. Read this thread on trademe, at


http://www.trademe.co.nz/Community/MessageBoard/Messages.aspx?id=755326&topic=3



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  Reply # 518399 8-Sep-2011 09:11 Send private message

So I am still fuming about this...especially so as there are (as Oxbreath pointed out) many, many similar products still for sale on TM.

Here's the email in it's entirety.

"We?re getting in touch regarding your listing(s) for the


APAD II MID 701-R (#405433747)

Sorry but you can't sell MP3/MP4 players, touch phones and tablet PCs that could easily be mistaken for Apple products. Apple have copyright over the designs to the iPhone, iPad and iPod range so imitations of their products can't be sold. Also, some buyers have had bad experiences because they thought they were getting a genuine Apple product but they received a look-a-like.

New Zealand law prohibits the sale of items that breach other people's intellectual property rights, no matter what the description says. So rather than have anyone get in trouble, we?re not going to be allowing the sale of items that could be easily mistaken for Apple products.

This means that we?ve had to remove your listings mentioned above. Don't worry, we've refunded the fees and we do appreciate that this isn't an ideal situation, but we?re trying to balance the needs of our customers and what?s expected of us by New Zealand law.

Thanks for your help with this.

Please reply if you'd like to discuss this further. Alternatively, you can call Trade Me on 0900 TRADE (0900 87233). Please be aware, calls cost $1.99 + GST per minute."




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  Reply # 518408 8-Sep-2011 09:24 Send private message

Sella.co.nz or maybe even on Geekzone? Then tweet it, Facebook it and generally make it known.

I've had good results with Sella provided I drew attention to the auction.





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  Reply # 518412 8-Sep-2011 09:29 Send private message

They did this to my eken tablet a year or so ago - I relisted it with the line - 'this is not an apple product' and didn't mention apad/ipad etc - I think it's how you word the ad plus make sure the photo shows android running and doesn't look like an iPad



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  Reply # 518414 8-Sep-2011 09:34 Send private message

nitrotech: They did this to my eken tablet a year or so ago - I relisted it with the line - 'this is not an apple product' and didn't mention apad/ipad etc - I think it's how you word the ad plus make sure the photo shows android running and doesn't look like an iPad


Yeah, I'm thinking it may have been the APAD II bit...maybe.

The photos were pretty obvious - I took shots of the box, the product, the screen, running Android etc.

Still miffed.




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  Reply # 518422 8-Sep-2011 09:49 Send private message

Handsomedan:
nitrotech: They did this to my eken tablet a year or so ago - I relisted it with the line - 'this is not an apple product' and didn't mention apad/ipad etc - I think it's how you word the ad plus make sure the photo shows android running and doesn't look like an iPad


Yeah, I'm thinking it may have been the APAD II bit...maybe.

The photos were pretty obvious - I took shots of the box, the product, the screen, running Android etc.

Still miffed.


Understandable.

As previously advised, avoid "pad" and call it Android Tablet or Tablet.

Also get used to using Sella or some other auction site. Trademe only have a "monopoly" because WE / US   refuse to use anything else. 
 




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  Reply # 518445 8-Sep-2011 10:36 Send private message

Handsomedan: 
"We?re getting in touch regarding your listing(s) for the APAD II MID 701-R (#405433747)

Sorry but you can't sell MP3/MP4 players, touch phones and tablet PCs that could easily be mistaken for Apple products.

Sorry you can't sell your Keri Oranges because they could easily be mistaken for other Valencia oranges


Apple have copyright over the designs to the iPhone, iPad and iPod range so imitations of their products can't be sold.

I wonder if any one manufacturer holds similar copyrights over  their TV designs?  Hay Mr Samsung, your 42" plasma looks like an imitation of my 42" plasma.... 
 

Also, some buyers have had bad experiences because they thought they were getting a genuine Apple product but they received a look-a-like.

This is probably the real issue.  Trademe is, quite rightly, not wanting to be responsible for the buying decisions of people who can't/won't read or research what they're actually bidding on.  And because it creates a hassle for TM (I'm guess these folk that get it wrong are quick to blame Trademe for their own mistakes) they're trying to mitigate the pain from user stupidity.


New Zealand law prohibits the sale of items that breach other people's intellectual property rights, no matter what the description says. So rather than have anyone get in trouble, we?re not going to be allowing the sale of items that could be easily mistaken for Apple products.

Hmmmm...... Even though you can import them and sell them in shops alongside say apple products. Oh but I guess in the chain stores the sales people will actually point out the difference in products and  manufacturers.

But hey it's mighty nice of Trademe to look out for you, and not want you to get in trouble.....

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