FRACTAL WORLDWIDE is at it again on Ebay with an AXEFX 2 !!! $3,999

Status
Not open for further replies.
B

BrianJ

Inspired
Here's the link...

*NEW/RARE* FRACTAL AUDIO AXE-FX II / TWO - v11 Firmware | eBay

This is the guy who I thought was actually Fractal back when I first started looking for an Ultra...I though Cliff got this guy banned from selling these or something? Or maybe just from mis-representing himself as FAS...?

Does this guy ONLY sell Fractal products??? He hasn't sold anything recently, which would suggest that he only sells Axe's or something...? Found this in the description...

"We distribute authentic, brand new Axe-FX II units that come directly from Fractal Audio."

Anyway, here it is...we'll find out soon enough what people are willing to pay...

Brian
 
Last edited:
Cliff needs to get Fractal Legal to file a C&D and trademark infringement against this seller ("Fractal Worldwide"), as well as have eBay pull this listing.
 
Last edited:
cinealta said:
Cliff needs to get Fractal Legal to file a C&D and trademark infringement against this seller, as well as have eBay pull this listing.
Click to expand...
Also in the description, "We are not directly affiliated with Fractal Audio."
That line more than likely is what keeps his account from being pulled.
Remember, evilbay isn't interested in fair play, only the final value fee after the sale.

Caveat emptor.
 
Couldn't this be considered false advertising?

"SKIP THE TERRIBLE WAITING LISTS THAT ARE THOUSANDS OF PEOPLE LONG! SKIP THE YEAR LONG WAIT!"

How can he know the list is thousands long and that the wait will be a year?
 
Just check the ID history of this eBay seller... We have a user here with the same name this eBay member used to have. I am not pointing fingers, it's just an observation.
 
Rane said:
Four thousand dollars? The guy's taking advantage. I just hope no one buys it.
Click to expand...

It doesn't stop there... check the shipping! $435.35 worldwide... ouch.

Did they just buy that other one on ebay a few days ago and resell that?

Whats to stop someone creating throw away ebay accounts and constantly clicking "buy it now" and then dumping the account/email... hint hint ;)
 
Say what you want about capitalism but this ad and store name take the game out of bounds.

Using Fractal's name, print material/pictures and claiming they are a distributor is ridiculous.
 
cinealta said:
Yes, but the company name is "deceptively misdescriptive" where there is a "likelihood of confusion." Those who don't know FAS may the listing is from FAS' global sales division etc.
Click to expand...

Well, that's why it's the buyers responsibility to read the entire auction and ask questions before hitting the "buy" button.
If they read the whole ad, they will read the aforementioned disclaimer.
Because he intentionally buried it in the fine print tells you he's a scumbag and should be avoided.
Besides, anyone who is willing to fork over $4,000 for a unit that will not be covered under warranty probably isn't worried about it's origin anyway.
 
fret said:
Whats to stop someone creating throw away ebay accounts and constantly clicking "buy it now" and then dumping the account/email... hint hint ;)
Click to expand...
Yes, let's all engage in some good ol' fraud. That'll show him who's honest. :(
 
I agree...I thought this WAS Fractal a couple months ago...it's very misleading. Also, by claiming they are a distributor, a potential buyer would be expecting a complete and full warranty, which, actually wouldn't be correct from what I understand as the warranty isn't transferrable.

I'd be very upset if I had bought from them only to find out later that my unit wasn't even warrantied because they weren't really dealers/distributors...
 
MaxStatic said:
I'm pretty sure using all of Fractal's advertising copy isn't kosher either.
Click to expand...

I've often done that myself though with something I was selling...but saying "here's a description from the manufacturers site" is IMO alot different than the way this guy makes himself look like a legit retailer...
 
The fact that he is using all of Fractal's advertising and pics without any affiliation or authorization from Fractal is a no go.
 
cinealta said:
Yes, but the company name is "deceptively misdescriptive" where there is a "likelihood of confusion." Those who don't know FAS may think the listing is from FAS' global sales division etc.
Click to expand...

+1

I agree that there is a definite "likelihood of confusion" case here. They're using part of Fractal Audio's company name as their name, plus they are using Images & Words (no pun intended) directly from the FAS website presumably without consent. A simple C&D letter from an attorney would take care of all that.

I'm not trying to be malicious here. He can try to sell it for whatever he pleases, but I don't think he should be misrepresenting himself by using the good name of Fractal or the advertising images from the Fractal site without consent.

What if Fractal started using eBay to sell the Axe II? I think legally Cliff would have the right to do that and to use his own images... the same ones FractalWorldwide is using. At that point I believe the confusion between both parties would be clear. (does that make sense?... it would be clear that confusion exists?... anyway...)
 
Status
Not open for further replies.
Back
Top Bottom