Add this disclaimer to your auction and they have no recourse for pulling it again.

Disclaimer: I am not a Creative Memories Consultant. Creative Memories® is a registered trademark, and the items in this auction are in no way affiliated with or endorsed by Creative Memories®, the Antioch Company, or any independent consultants thereof.

If the dispute is over the usage of 'Creative" and "memories" a NORMAL business would agree to you not using the terms and allow you to continue selling your product.
Did you check their product line? maybe there is something similar?
Since they are paper company I am surprised they even looked at the listings.(PS I saw your listings yesterday, I am an ebay junkie on top of my many other obsessions
Maybe a CM person (not talking about a consultant< I know they had nothing to do with this sits at home and types in those 2 key words everyday to find a violator..geeze.
Hope you get the issue resolved, and I wish they would go after the ones that deserve it. I mean how many pirated programs, dvds, cds etc have you seen being sold?

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Dani B.

My Gallery!
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I actually am a CM consultant - have been for over 5 years now (deactivating the end of this year). I am totally shocked that Ebay didn't provide a little more information and CM even did this. I know there are company people that watch for consultants selling their product by means of ebay, but I can't see why your listing would have caused a problem. If they could just give you more information, it would be really helpful! How insane. I'm sorry. Unfortunately I'm not at home (I had to evacuate due to Hurricane Rita - I live in Corpus Christi) or I could look to see if I could find a number for you to call, or look through my policy manual to see if I could find anything that would help. When I get back home, if you still haven't heard anything, I'll see what I can find for you.

Good luck!

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~Sarah VanDyke

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So sorry Sarah!!! Hope everything will be ok!
Just find it strange you can't re-sell items on ebay? I see a ton of paper supplies being sold there. No wonder CM people keep an eye on it!

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Dani B.

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Did ebay provide you with information on the SPECIFIC complaint? I wouldn't want to jump to conclusion it was the title... you never know what someone might have complained about. Seems you should be provided with specifics and not have to guess. I'd love to hear more. good luck!

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Wendy Armstrong (aka Scrap'N Girl)
my photography site: WendyArmstrongPhotography dot com

I just called Creative Memories and spoke with someone there. It was the title and she told me that most likely, my auction wasn't even looked at and it was cancelled for exactly what I stated: the name. They have people that search ebay for copyright infringement, which is fine. The problem lies when people do a search for "creative memories" my auction comes up as a search result and they have a problem with that. She told me that they've tried to get ebay to make changes about that. I guess they have keyword rights as well, lol.

I will gladly rename my auction, I have no problem with that. I just wish that I could've been notified first or given a warning of some kind to change the title before they just went and pulled it. She did tell me that they would get in contact with ebay today to rectify the situation and I should get an email this afternoon sometime. I did search through their site very thoroughly, and what I've done resembles nothing even close to what they sell.

People sell custom art and crafts all the time on there using copyrighted names and images, I see it everywhere. The thing is, I did not use their name, only words that make up their name, that's what gets me. So, if someone created a name of a company named "The Beautiful Squirrel" that sold squirrel figurines, you couldn't create an auction for squirrel paintings entitled "Beautiful Hand Painted Squirrel Wall Hangings," That's basically what I got out of that conversation.

"Creative" is an adjective and "memories" is a plural noun, that's what I used them for. It's not like I went and created an auction called "Let Creative Memories Make You A Custom Print" or anything, that would be a very blatant infringment upon their name.

Anyway, thanks for "listening". It's not a giant problem but it did upset me. I'm sure I'll get over it (maybe).

What a big bummer!! I hope everything gets resolved in your favor.

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Becky
I Do Whatever My Rice Krispies Tell Me To.

The more I think about this, the more stupid it is. For goodness sake! Complaining about the use of two commonly used words found in the dictionary is ludicrous! It runs along the same parallel as if McDonalds "claimed" ownership of the word "burger". It is a generic word used by many.

There was a case here in Australia years ago where a bank took another company to court for "copyright" infringement because they dared to have a graphic of Ayres Rock (Uluru) in their logo. (A totally different one to the bank.) The bank felt they had "copyright" over using Ayres Rock. The courts ruled that as Ayres Rock was a geographical feature of Australia, and technically owned by the citizens the bank didn't have the exclusive right to it.

The world is becoming so petty about things.

Geez.......it's the same as me telling all the Kim's in the world that they can't use the name because it's mine!

CM should be ashamed.

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Kim