No More Mister Nice Guy

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Mitch W.

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Aug 11, 2010
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Everyone remember this POS?
buckbayonet.jpg


Well the schmuck first tried to bribe me with five dollars to change the negative feedback (like I could anyway). Then he tried with ten dollars.

I didn't hear anything else and then Thursday i get an email offering me a Ed Hardy t-shirt if I change it. Later that night I get an email from Slee-Bay stating he wanted to cancel the transaction because, and get this, I wanted the knife sent to an unconfirmed address :eek::jerkit: a full month and a half AFTER I GOT IT! Here is my response:

This item was shipped to a confirmed address. He is mad because I won't change my negative feedback for selling fake BUCK knives as real. I have reported seller to BUCK and sent the knife to their legal department.

This jack-wagon actually thinks I'm so freaking stupid (along with everyone else) that I don't know, if the transaction is cancel, he gets the feedback removed. He must be getting alot of heat from buyers wanting to know if the knives are real.

I did send the POS knife to Bill Keys at BUCK. He works with their legal department on these matters. I also have a REAL BUCK knife on it's way that I should have somewhere around the 6th of April.

Oh, how I hope they sue the living s**t out of him.
 
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:thumbup::thumbup: Is the guy still listing those? I know he was for awhile after you negged him, but I forgot what his ID is so I can't check.
 
Mitch, I don't mean to be obtuse, nor to be paranoid like another member here regarding Buck fakes. But, if I were an attorney, I think that I would like to be this seller's attorney if Buck or anyone else elected to take legal action in regard to this knife. The reason is that there does not appear to be any markings on the knife anywhere stating that it is a Buck. True enough, it is in a Buck sheath, but how many knives do you see that you in an incorrect sheath; simply being in a sheath marked Buck does not make the knife itself a copyright infringement. I don't recall the verbiage of the listing as to whether of not the seller said that is was a Buck, but again, if he did, a lie is much different from copyright infringement, and I simply do not see that there is any here. I simply don't see that Buck really has a case here other than perhaps to use the bully pulpit to get the seller to desist if they should elect to do so. Just my two cents, and I'll bet this stirs up some controversy.
 
Tin Sue said:
Mitch, I don't mean to be obtuse, nor to be paranoid like another member here regarding Buck fakes. But, if I were an attorney, I think that I would like to be this seller's attorney if Buck or anyone else elected to take legal action in regard to this knife. The reason is that there does not appear to be any markings on the knife anywhere stating that it is a Buck. True enough, it is in a Buck sheath, but how many knives do you see that you in an incorrect sheath; that doesn't make it a fake. I don't recall the verbiage of the listing as to whether of not the seller said that is was a Buck, but again, if he did, a lie is much different from copyright infringement, and I simply do not see that there is any here. Just my two cents, and I'll bet this stirs up some controversy.
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The sheath was made of simulated leather ( BUCK uses real leather) and had BUCK's trademarked logo on it. That makes it trademark infringement. There are knives listed everyday with the word buck in the title or description that don't have the item listed as being of the BUCK brand. Anyway, it's in BUCK's hands now. If they decide to do something, fine, if not, that's ok too!
 
Lots of misunderstandings of e-Bay here.

If the seller cancels the transaction.......it's canceled. Doesn't matter if you agree.

The neg would stay either way, unless you agreed to remove it or he can make a case that you acted without due cause or did something else that violated policy.

The seller was in violation of e-Bay policies at worst.

Sheath don't mean a thing since he made no claims about it.

Buck can't sue him for selling a knife that isn't even marked Buck.

The term "Buck Knife" is indeed a generic term that refers to many knives.......the specific definition a casualty of Buck's success.

Should have just got your money back and given a neg. Buck can't do anything with the knife unless maybe they want to put it in their museum.

:)
 
I've been sent on several occasions, messages from eBay saying that the seller had asked to cancel the transaction after the sale had been completed. I as the buyer have the option to agree or to decline. If I decline the transaction is not canceled and the seller gets no fees back and the listing stays as ended until it no longer shows up after 90 days.
 
Plumberdv said:
I've been sent on several occasions, messages from eBay saying that the seller had asked to cancel the transaction after the sale had been completed. I as the buyer have the option to agree or to decline. If I decline the transaction is not canceled and the seller gets no fees back and the listing stays as ended until it no longer shows up after 90 days.
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Yep, Plumb is definitely correct!
 
Tin Sue said:
Yep, Plumb is definitely correct!
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Yep. Here's one of the requests. If I decline, the transaction stands.

"Hi plumberdv,
cckjpro recently opened a cancel transaction case for an item you recently purchased: Buck Folding Dagger Hunting Knife Little Secretary Dbke.

Reason for cancel transaction request: The seller did not provide a specific reason.

Seller comment: please accept this request,then the transaction will be end.

Click the "Respond now" button to accept or decline this cancellation.

If you don't take action by Mar-09-2011, the seller will be able to cancel the purchase without your consent."

You have to decline or the seller WILL be able to cancel it himself.
 
You can decline, but it doesn't mean anything.

If, for example, the seller decides to refund your payment and refuses to send the item, there's nothing you can do except neg him.......the transaction is canceled whether you like it or not.

The thing to do in these cases is to send the item back, get your money back and neg the seller.
 
BG42EDGE said:
You can decline, but it doesn't mean anything.

If, for example, the seller decides to refund your payment and refuses to send the item, there's nothing you can do except neg him.......the transaction is canceled whether you like it or not.

The thing to do in these cases is to send the item back, get your money back and neg the seller.
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Totally and completely wrong. That very scenario is the exact thing that happened with the message I just posted. I bought it, paid for it, then immediately informed the seller I knew it was fake and not to send it. That's exactly how I got him to pull all his phony Bucks off of eBay. He never sent the knife and was not allowed to cancel the transaction. It still shows in my buying and will until the 90 days expires.
 
Here's an answer direct from eBay's answer center.

"

"If you decline the cancellation request, the seller won't get their final value fees back.
Nothing happens to the listing, and since eBay thinks feedback is an opinion, it will stay unless it somehow violates feedback policies."

Mitch, your seller hasn't a leg to stand on wanting the fees back if that's his intent. You bought and paid for it and got no refund, he has the money, end of story.


Oops, did you get a refund? I didn't think you did but maybe I missed that.
 
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BG42EDGE said:
. . .

Sheath don't mean a thing since he made no claims about it.

Buck can't sue him for selling a knife that isn't even marked Buck.

The term "Buck Knife" is indeed a generic term that refers to many knives.......the specific definition a casualty of Buck's success.

Should have just got your money back and given a neg. Buck can't do anything with the knife unless maybe they want to put it in their museum.

:)
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So far as I can find, "Buck," "BUCK USA," and "BUCK KNIVES" when used in connection with a knife, are the exclusive intellectual property of Buck Knives. If you have a federal court decision to the contrary, please share. It is exclusively a matter of federal law.

That being the case, Buck Knives can sue him for using their registered trademark on the container of the product. In fact, if they have knowledge of this infringement, Buck Knives must act to protect its mark or risk losing its property in the mark.

It is not necessary to claim that an item in commerce is genuine to constitute infringement. Use of a trademark that is the property of another is sufficient.

The fact that "Buck knife" (not "BUCK KNIVES") has acquired a secondary meaning is no more a defense here than if someone tried to sell generic tissue in a box marked "Kleenex" or generic cola drink in a container marked "Coke." And both of those were were tried - more than once. (Which is why when you order a "Coke" the waitress is typically trained to point out that they have Pepsi products if she will not be bringing a genuine "Coke." Lots of lawsuits won by Coca-Cola.)

http://www.aepma.org/list/trademark.asp

https://www.trademarkia.com/buck-knives-75079239.html
 
Plumberdv said:
Totally and completely wrong. That very scenario is the exact thing that happened with the message I just posted. I bought it, paid for it, then immediately informed the seller I knew it was fake and not to send it. That's exactly how I got him to pull all his phony Bucks off of eBay. He never sent the knife and was not allowed to cancel the transaction. It still shows in my buying and will until the 90 days expires.
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I wasn't talking about your transaction. What you did will work, too.....(although someone might question why you bought it in the first place if you knew it was a fake).

Mitch's transaction is the one that we're discussing and he should have sent the knife back and got his money back and given the neg.

Mission accomplished with no loss of cash.
 
Thomas Linton said:
So far as I can find, "Buck," "BUCK USA," and "BUCK KNIVES" when used in connection with a knife, are the exclusive intellectual property of Buck Knives. If you have a federal court decision to the contrary, please share. It is exclusively a matter of federal law.

That being the case, Buck Knives can sue him for using their registered trademark on the container of the product. In fact, if they have knowledge of this infringement, Buck Knives must act to protect its mark or risk losing its property in the mark.

It is not necessary to claim that an item in commerce is genuine to constitute infringement. Use of a trademark that is the property of another is sufficient.

The fact that "Buck knife" (not "BUCK KNIVES") has acquired a secondary meaning is no more a defense here than if someone tried to sell generic tissue in a box marked "Kleenex" or generic cola drink in a container marked "Coke." And both of those were were tried - more than once. (Which is why when you order a "Coke" the waitress is typically trained to point out that they have Pepsi products if she will not be bringing a genuine "Coke." Lots of lawsuits won by Coca-Cola.)

http://www.aepma.org/list/trademark.asp

https://www.trademarkia.com/buck-knives-75079239.html
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I'd beg to differ because he made no claim about the sheath and that was the only thing trademarked.

Good luck suing him.

:D
 
"If you decline the cancellation request, the seller won't get their final value fees back.
Nothing happens to the listing, and since eBay thinks feedback is an opinion, it will stay unless it somehow violates feedback policies."
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Seller doesn't care about a couple dollars in fees. If you think that's the issue, you're badly mistaken.
 
BG42EDGE said:
You can decline, but it doesn't mean anything.

If, for example, the seller decides to refund your payment and refuses to send the item, there's nothing you can do except neg him.......the transaction is canceled whether you like it or not.[/QUOTE]

This is the statement that I was refering to and it's totally false. Same goes for Mitch's transaction. The seller can't cancel it unless Mitch agrees.

I knew the knife in mine was fake but the seller ignored my messages about it completely. THAT'S why I bought it and before he had time to send it told him I knew it was fake and if he continued to list them he would be negged. He refunded and pulled all his listings for them at that point and as of now had not relisted anymore. That may not be how anyone else would do it, but I don't seem to have as much faith in eBay taking action if I report them as you seem to have. And my way seemed to have worked at least for the time being.
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BG42EDGE said:
Seller doesn't care about a couple dollars in fees. If you think that's the issue, you're badly mistaken.
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Doesn't matter what his reason is for wanting to cancel it. He may think that will make the feedback go away which is wrong. And without Mitch's agreement, he can't cancel it himself.
 
If, for example, the seller decides to refund your payment and refuses to send the item, there's nothing you can do except neg him.......the transaction is canceled whether you like it or not.
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This is the statemnet that I was refering to and it's totally false. Same goes for Mitch's transaction. The seller can't cancel it unless Mitch agrees.
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Wrong.

The fact is, if the seller cancels the transaction and refuses to send your item, there's nothing you can do about it. He will refund your payment and refuse to send the item. The fees are minor. What can hurt him is the neg.

But the transaction is canceled whether you like it or not.
 
He may think that will make the feedback go away which is wrong.
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I really don't care what he may or may not think......because he's wrong. The feedback won't just "go away."
 
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