Bei-daaaa.

[wombat1138]

(The approximate Japanese equivalent to "Nyaaaah.")

The Powers That Be at eBay have just spammed me with NINE (9) identical notices that two of my auctions have been yanked due to complaints by FUNimation. Both listings were based (one considerably more loosely than the other) on the bracelet Kyou wears to keep from turning into a stinky catbeast. No, I wasn't using images from the actual anime/manga. Yes, I did describe them as being versions of Kyou's bracelet, which apparently violates the following provision on FUNimation's eBay info page:

Q: Can I use FUNimation trademarks, artwork or characters to make my listing more appealing?

A: No. The use of trademarks, logos, trade names, artwork or character likenesses owned by others, including FUNimation, may wrongly imply that your listing is authorized, sponsored or approved by that third party and it may dilute the value of those intellectual property rights, in violation of both state and federal law.

For a while, I had about six slightly different variations of these bracelets as bread'n'butter (or perhaps rice'n'dashi) stock items in my continuous store listings, but actually pulled the last one earlier this month due to running out of white beads. These two auctions were more in the vein of spring cleaning than serious revenue items. So while I had been preparing to order more white beads to revive the store listings, really I'm more irritated by the spam issue than anything else. I can probably circumvent FUNimation's listing police if I feel like it, by simply popping the bracelets into the generic "Other Anime" category and not mentioning Furuba or Kyou by name-- I'm pretty sure they don't have the phrase "stinky catbeast" trademarked/copyrighted-- but honestly they're so boring to make that I'd be just as happy substituting something else for the white druks to reach the bead company's minimum order.

(Now if I can just figure out how to order from them... their alleged order/customer-service line seems to be fax-based, their website's built-in feedback form is useless, and I still haven't received a reply from the stock query I sent them by email a few weeks ago. I may have to actually print out their order PDF, fill it in by hand, and Snail it to them. How retro.)

Comments

[qadgop.livejournal.com]

Annoying, but as you say, probably circumventable by not using the Actual NamesTM. (Considering the number of non-licensed but extremely familiar-looking replica "lazer sword" props you can buy out there if you look for them, that's probably all it would take, and you wouldn't even lose the customer base, since everybody understands and winks.)

[wombat1138.livejournal.com]

Yeah, but is it even worth going through all this hassle? I suppose it depends on how altruistic I'm feeling toward prospective customers; I should probably also note that FUNimation did *not* lodge a complaint against an even looser interpretation I have of the same bracelet, so it's not as if they're being completely irrational and knee-jerk about every little thing.

Meanwhile, the enforcement spam continues. Identical copies of the same listing cancellation message: now sixteen and counting. Yeesh.

[qadgop.livejournal.com]

I'd suggest emailing them about the spam, unless that risks a further thirty-two identical reply posts.

The hassle doesn't seem worth it, I guess, but you'd mentioned the possibility of just changing one or two of the component beads, which'd seem to solve the copyright issue.

[wombat1138.livejournal.com]

I emailed eBay about the spam where there were still only nine messages; still no response, unless the further seven ought to be interpreted as such.

As for the bracelet itself, as shown (http://sonic.net/~jhouze/kyo04.jpg) in the anime, it's a simple alternating design of black (or possibly dark purple) and white beads. Dunno whether the cel artwork is actually consistent wrt the number, but if it's based on a Buddhist mala, there ought to be eighteen, which is the number I came up with anyway from scoping various image galleries. In the manga (which I don't think FUNimation has a direct stake in), all of the beads are stated to be made of bone with the dark ones having been dyed with blood, which could result in a color anywhere in the red/brown/black range.

I think that to the extent that FUNimation is protecting its copyright, it was justified in shutting down both auctions based solely on associating the character with the item (though in that case, why leave the third one that also mentioned the same character?), but I really doubt it can copyright *any* bracelet design consisting of *any* alternating dark/light beads, and possibly not even alternating black/white beads.

[qadgop.livejournal.com]

but I really doubt it can copyright *any* bracelet design consisting of *any* alternating dark/light beads, and possibly not even alternating black/white beads.

Certainly not. What about an approach of "Hey, everyone! A completely normal broach pattern ABSOLUTELY NOT influenced by any anime characters, no sirree! Major cards accepted."