VERO Parallel Import Policy violation

[golfing_in_style]

Hello all

I would appreciate it if someone can explain this to me.

I was hit with 3 Vero Parallel Import policy violations yesterday.

"Importing certain products from other countries without the rights owners permission may violate their import intellectual rights.

This was reported to Ebay by Nike International Ltd for offering shipping into the EU or EAA without their permission. 

eBay states I must exclude shipping to the EU & EAA and let buyers know I will not ship to these areas

The items in question were a $10.00 Nike toque, Nike pants, and Nike polo shirt. I've been selling name brand golf-related items on Ebay for about 15 years worldwide. I have probably 40 plus Nike related items up for sale now. eBay states if I'm hit with this violation I will receive a 3 day suspension.

Just a note that I have about 10 pair of Nike pants still for sale that are exactly the same as the pair they took down.

Thanks in advance for your help.

rik/golfing in style

[recped]

It's misuse of the Digital Millennium Copyright Act but there is very little you can do about it.

When a company like Nike (or even a tiny company) sends a notice to eBay (legit or not) eBay MUST take down the listing.

You could try speaking directly to Nike but I doubt they will co-operate, they are big time on the "country pricing" scheme and want to protect the fact they charge much more for a pair of shoes they sell in the US compared to what they sell them for in other countries.

You might be able to file an official counter-notice against them but they have stacks of lawyers and are not easily intimidated.

Unfortunately US laws on "grey market" imports are slanted to benefit the company not consumers. In many countries that type of market protection is completely illegal, in the US not so much.

[golfing_in_style]

Thanks for taking the time to reply. Do you think I should revise all my Nike listings to exclude shipping to foreign countries and only ship them within Canada and to the US/

[ypdc_dennis]

---

@golfing_in_style wrote:
... Do you think I should revise all my Nike listings to exclude shipping to foreign countries and only ship them within Canada and to the US/

---

Yes.

An ounce of prevention is worth a pound of cure.

[recped]

---

@golfing_in_style wrote:
Thanks for taking the time to reply. Do you think I should revise all my Nike listings to exclude shipping to foreign countries and only ship them within Canada and to the US/

---

Depends on the exact wording of the notice. Normally under a Vero notice you should not relist unless you get clearence from whomever reported the listing.

Did the notice specifically say that the issue was that you offered International shipping? If that is the case then "probably" just removing that option is good enough. If it doesn't specifically say that then a repeat Vero violation can result in a suspension and repeated violations for the same thing can result in a permanent ban.

You should post the exact text of the notice, otherwise I'm just guessing at your best course of action. Personally I've had a bunch of Vero notices over the years but never one for "parallel Import" issue.

FYI - The US is a "foreign country".

[golfing_in_style]

Yes they suggested I remover the shipping to the EU, which I will do

Thanks for taking the time to help