Thursday, March 27, 2008

Bidzirk vs Smith featured in Inside Counsel Magazine

One interview about my case that I forgot to mention ( and was recently published) was a piece in InsideCounsel magazine:

Critical Response by Steve Seidenberg
* also published in the February 2008 issue of InsideCounsel print magazine

Some highlights:

Smith ran a small business in Greenville, S.C., supplying parts and service for a variety of Apple products. He hired a local company, Bidzirk, to sell a lot of computer inventory on eBay and deliver some items he had already sold.

However, Smith wasn’t happy with Bidzirk’s performance and in late 2005 posted a four-part article on his Web site titled “Special Report: You Gotta Be Berserk to Use an eBay Listing Company! The Whole Story.” The article detailed his problems with Bidzirk, as illustrative of the shortcomings of eBay listing companies.

According to Smith’s article, Bidzirk listed items on eBay “slowly, not at all, or with really overdone descriptions that focused too much on technical detail and pictorial content and not enough value to the buyer and what the bidder could actually do with the items.”

The company supposedly failed to watermark its online pictures of Smith’s merchandise, and so “some people were selling identical [merchandise] with the pictures Bidzirk was taking.” Bidzirk supposedly sold the merchandise at prices that were “far lower than average eBay auctions,” thus generating far less revenue than Smith had expected. And after the merchandise was sold, Bidzirk was “slow” to pay Smith his share, the article stated.

Bidzirk was unhappy with the article and took legal action. Because Smith’s online article used Bidzirk’s name and logo without authorization, the company sued Smith in January 2006 for, among other things, trademark infringement.

Click on the Bidzirk vs Smith tag for more reference.

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