Siglent They filed a "wrongful trademark claim"

[OldSchoolTechCorner]

AND THEN TURN AROUND AND FILE A FALSE DMCA NOTICE.

Why do you insist on keep using that word.  There is absolutely nothing related to DMCA here and there was no DMCA notice.

Because they did file a DMCA notice, it not a eBay claim, or anything to do with eBay software, or a simple report. A DMCA takedown notice  to affirm trademark counterfeit was sent directly to Revo legal department and was sign by Siglent themselves.

There is no such thing as a DMCA notice for trademark claims.

What is Revo?  Do you mean VERO?

Sure, Siglent *can* issue a DMCA claim but it is illegal to claim trademark violations via the DMCA process (and the illegality has been upheld by US district court).  It doesn't seem to be worth your time but you do have a case against Siglent.  Unfortunately I think you can only recover your $1000 or whatever, plus legal costs.  If you wanted to stick it to them you could just send them a notice requesting a full refund of your purchase price if they wish to avoid a lawsuit.  It would be stupid of them not to pay you, as the harm they would incur in the marketplace would go well beyond their reimbursement of your legal fees.

http://www.lexology.com/library/detail.aspx?g=13f9814f-b56e-4314-8e1b-95215ce60a6d

Further, if this was in fact a [wrongful] DMCA claim, ebay does not have to wait for siglent to drop the claim.  You can issue a counter claim and then have your auction reinstated.

You can't do a counter notice, it a complex process. That what they did, claim trademark violations via the DMCA process, but not a DMCA. Your a 100% correct. eBay just states it as being a DMCA claim. It a IP claim

That what I am first attempting to work with them on the matter first, before considering legal action.

[Wuerstchenhund]

You can't use DMCA for trademark claims. 

You can (and it's regularly used for exactly that), but there are risks involved (see CrossFit Inc. v. Alvies, No 4:13-cv-03771 as an example).

Although it isn't completely clear to me from the evidence if Siglent has, in fact, filed a claim under DMCA.

[nbritton]

In closing I very much hope Siglent ... blah blah

In keeping this thread open, I hope Siglent will be more carefull in the future, knowing that people are aware of this.
Companies shouldn't get away with this by closing threads about their behaviour. It smells like you want to censor. Or plain damage control. Bad idea.

I think Dave should pin this to the front page for a few months. In all likelihood they will never see the inside of a court room so we need to find a way to punish them for this. Also I think Dave should make a video.

[nbritton]

OldSchoolTechCorner listed this item as "MINT" and "USED" and indeed it was, but at first glance or just a study of the eBay image ANYBODY MIGHT ASSUME it was a new unit with BNC protector caps installed, just as new units are.

The caps , they look as MINT as they would on a MINT USED piece of equipment.
 
In the interest of time and keystrokes I'll quote Confucious:
"When the wise man points at the Moon, the idiot looks at the finger"

Mint tacitly implies that an item is used because new tacitly implies that an item is in mint condition. A Chinese girl who does not understand english is not our problem or a valid excuse. The law requires a higher standard, Siglent should have employed an attorney to handle take down requests.

[Seekonk]

I have equipment more than 20 years old with the BNC caps still on.

[ivan747]

Hi, I bought a train set today. It was very cool until it got some speed and somehow fell off the rails.

[tautech]

I put those on as dust covers, as I do with all my gear that has BNC's. My listing is very clear and detail and was clear sold as used and mint, no box, or plastic, even with that stated I am allow to sell it even if it's NEW. Then give me a break, have you, or anyone seen a fake Siglent?

No, I'd didn't know they might even exist until this thread.

Obviously you have vested interest and reason why you want this thread close, so it's gets swept under the rug and business as usual. Take it up with them. 

And you think I haven't taken to Siglent privately in the strongest way?
What other Siglent dealers other than myself and rf-loop have made comment on this sorry state of affairs?
I have customers that may have been affected by Siglent China's actions too and I like you am extremely annoyed over this.

I'm very sorry anything in my post may have offended or incensed you and I sincerely offer my apologies as this was never the intention, you've been through enough.

Same as soon as they make it right, I be sure to update as well and this situation may actually help them long term, if the decide clean up and resolve some issues and rebuilt and make them into a better company and they will be more well known, so long they do positive changes.

+1

[OldSchoolTechCorner]

I put those on as dust covers, as I do with all my gear that has BNC's. My listing is very clear and detail and was clear sold as used and mint, no box, or plastic, even with that stated I am allow to sell it even if it's NEW. Then give me a break, have you, or anyone seen a fake Siglent?

No, I'd didn't know they might even exist until this thread.

Obviously you have vested interest and reason why you want this thread close, so it's gets swept under the rug and business as usual. Take it up with them. 

And you think I haven't taken to Siglent privately in the strongest way?
What other Siglent dealers other than myself and rf-loop have made comment on this sorry state of affairs?
I have customers that may have been affected by Siglent China's actions too and I like you am extremely annoyed over this.

I'm very sorry anything in my post may have offended or incensed you and I sincerely offer my apologies as this was never the intention, you've been through enough.

Same as soon as they make it right, I be sure to update as well and this situation may actually help them long term, if the decide clean up and resolve some issues and rebuilt and make them into a better company and they will be more well known, so long they do positive changes.

+1

It not you I am mad it, as you guys are more likely getting beat up due to their actions to. The issue does seem to be Siglent China's and lack of communications,  as the GM, trying to do his part to clean up the mess. 

[GreyWoolfe]

Hi, I bought a train set today. It was very cool until it got some speed and somehow fell off the rails.

That's because you didn't have the BNC caps on it.

[nbritton]

Hi, I bought a train set today. It was very cool until it got some speed and somehow fell off the rails.

Blame it on a Chinese girl, that works for Siglent. 

[OldSchoolTechCorner]

Hi, I bought a train set today. It was very cool until it got some speed and somehow fell off the rails.

Blame it on a Chinese girl, that works for Siglent. 

You mean blame it on a young Chinese girl fresh out of collage. They have to assign blame to someone? This is pretty much written in their handbook, they are just following policy, they think this is good.

[pickle9000]

Blame it on Chinese mutant dogs.

http://www.dailymail.co.uk/sciencetech/article-3281543/Meet-SUPERDOGS-Chinese-researchers-reveal-mutant-beagles-genetically-engineered-extra-muscular.html

[Electro Fan]

Very good ones

http://www.ebay.com/itm/100pcs-Dust-cap-BNC-Female-jack-Straight-Protective-Dust-cap-connector-adapter-/161565717276?hash=item259e11331c:g:A8AAAOSw9N1VtfKj

somewhat off topic but a follow-up to a few posts back....

From the same seller - for those who need less economies of scale:
http://www.ebay.com/itm/10pcs-Dust-cap-BNC-Female-Straight-Protective-Dust-cap-RF-connector-adapter-/160957072320?hash=item2579ca03c0:g:rAUAAOSwHnFVtfJ9

[linux-works]

wow, such a long thread.

I don't own any siglent (I have 2 rigols but the rest is all old school US-made gear) - and given how siglent seems to operate as a company, they are now on my DO NOT BUY list.

they are not the only game in town and given this really bad incident, I have no desire to ever find out if they have fixed their organizational 'bug' or not.

siglent, meet 'streisand effect'.   enjoy your loss of sales.  for many of us, you get one chance to show your true nature and once that's lost, you lose guys like us forever.

[HighVoltage]

siglent, meet 'streisand effect'.   enjoy your loss of sales.

I had no idea that there was a name for such a stupid thing
https://en.wikipedia.org/wiki/Streisand_effect

[AF6LJ]

siglent, meet 'streisand effect'.   enjoy your loss of sales.

I had no idea that there was a name for such a stupid thing
https://en.wikipedia.org/wiki/Streisand_effect

Couldn't happen to a better person.
Another example of someone who has a little money and thinks they are the second most important person on the planet.

[Fungus]

siglent, meet 'streisand effect'. 

Huh? This isn't a Streisand Effect.

The Streisand Effect is when,... well, RTFM: https://en.wikipedia.org/wiki/Streisand_effect

[OldSchoolTechCorner]

Update:

Look like they been trying to resolve the IP claim with eBay, since a couple days ago, but eBay just request them more info, which I knew was going to be a process, but they did sent copy of the conversation and notice that they are actually working on it. Hopefully soon will be resolved. Yes are sending something for the trouble, already received confirmation on that yesterday and didn't even asked, they offer it, or no strings attached.

[Fungus]

Update:

Look like they been trying to resolve the IP claim with eBay, since a couple days ago, but eBay just request them more info

Weird that they can't ever ask for "more info" when claims are opened.

And why would they need more info from the person who filed the claim before being able to restore the account? Shouldn't it be: Restore first, ask questions later.

Let's hope eBay is going to give them a black mark for filing a false claim.

[PlainName]

And why would they need more info from the person who filed the claim before

Hopefully, it might be because Ebay want to rub in the seriousness of this. If they just add and remove claims on a whim it encourages behaviour such as Siglent displays. Make it a right pain to fix mistakes and you're likely to  be absolutely sure you don't need to retract a claim before putting one in.

[Tomorokoshi]

And why would they need more info from the person who filed the claim before

Hopefully, it might be because Ebay want to rub in the seriousness of this...

eBay taking counterfeiting seriously? I'll believe it when the sun rises in the west.

[XFDDesign]

More probable that they're building up a paper trail on their part for "when" it happens again, and in the event the group ordering the takedown decides to lawyer up.

It's a CYA for eBay, and eBay alone.

[Seekonk]

Update:

 Yes are sending something for the trouble, already received confirmation on that yesterday and didn't even asked, they offer it, or no strings attached.

Every good story needs the element of redemption.  Hope it is more than a T shirt.

[Cubdriver]

Update:

 Yes are sending something for the trouble, already received confirmation on that yesterday and didn't even asked, they offer it, or no strings attached.

Every good story needs the element of redemption.  Hope it is more than a T shirt.

Whatever it is, don't try to sell it on eBay!!

-Pat

[miguelvp]

Update:

 Yes are sending something for the trouble, already received confirmation on that yesterday and didn't even asked, they offer it, or no strings attached.

Every good story needs the element of redemption.  Hope it is more than a T shirt.

I'm more interested them addressing the elephant in the room. Other than an ongoing process in redefining their grey market policies they have not answered the question if they are engaged in controlling the grey market by issuing wrongful trademark violations as in reporting listings of genuine Siglent products as counterfeit products.