How it can be listing violation when ebay policy is actual IP law violation?

[wemcanadaoutlet]

Listed an item and got Policy violation notice stating that i'm selling ''counterfeit''. Checked description, photos that include brand name and all indicators that it's genuine italian Dali boots. Relisted. Got another policy violation stating ''counterfeit''. Checked again. Relisted. Got another policy violation this time brand misuse stating that i used word ''uggs'' in description which is according to ebay's computers is trademark, but according to Australian IP agency even ''UGG'' is not a trademark and used in 70 other brands, while in US only ''UGG" written in capital letters is still questionable every year brand name according to original IP from 1999, not the recent 2006. In both cases ''uggs'' which was  used in sentence ''while it has a comfort of simple uggs it gives your italian style and quality allowing to fit a business style along with casual'' and doesnt recall to Deckers "UGG'' IP nor 1999, nor 2006 and describes style- flat boots with sheep skin lining. I'm from Europe and all winter boots are called uggs in this style which can be Prada, Roberto Boticelli uggs, etc. I checked american IP law and what it says is that use of ''UGG'' only is trademark. In both cases WHAT IT HAS TO DO WITH COUTERFEIT while i listed photos, brand Dali, title Dali and description and the only way it appeares is ''uggs'' for general style in one sentence? My account got restricted because of this. I called customer support. Lady there said that computer has word ''uggs'' in the system and she cant do anything, she said that i signed aggrement with ebay and ebay has a right whatever ebay wants without regards to IP law and they are not going to change the system as they are afraid of ''chinese couterfeit''. I'm sorry but ebay is full of chinese counterfeit ad they accounts are never restricted for selling knock off Cavalli coats, Prada bags, Saga mink,Hermes scarves etc., but the one whose accounts  are restricted are people who sells genuine quality items from Europe and actually read the law which is clear. I feel like customer support is highly unsopportive and useless in its very core. Why to hire an agent if he/she has no knoledge more that automatic ebay ''help center'' does and you feel like you to to outdated faulty computer rather than specialist. I've seen in other threads what people say on bonanza and aliexpress and how they changed to Amazon and after this first issue with ebay i totally understood why. I hope that at least competition will push ebay to hire IP lawyer to figure policies and programms that search from keywords on policies violations and train their agents enough to be able to use brain rather than read from screen word to word ''help center'' answers. Is it only me and latin principles of law who think its not right when local policies go agains federal and international law?! 

[cumos55]

eBay has declared it a violation... twice...

Very difficult to fight a violation... once...

let alone twice....Whether it is right... wrong ... or otherwise...

Once a violation has been identified by eBay... the only option should have been  not to list it a second time.

[kalvin@ebay.com]

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@aminomar79 wrote:

Listed an item and got Policy violation notice stating that i'm selling ''counterfeit''. Checked description, photos that include brand name and all indicators that it's genuine italian Dali boots. Relisted. Got another policy violation stating ''counterfeit''. Checked again. Relisted. Got another policy violation this time brand misuse stating that i used word ''uggs'' in description which is according to ebay's computers is trademark, but according to Australian IP agency even ''UGG'' is not a trademark and used in 70 other brands, while in US only ''UGG" written in capital letters is still questionable every year brand name according to original IP from 1999, not the recent 2006. In both cases ''uggs'' which was  used in sentence ''while it has a comfort of simple uggs it gives your italian style and quality allowing to fit a business style along with casual'' and doesnt recall to Deckers "UGG'' IP nor 1999, nor 2006 and describes style- flat boots with sheep skin lining. I'm from Europe and all winter boots are called uggs in this style which can be Prada, Roberto Boticelli uggs, etc. I checked american IP law and what it says is that use of ''UGG'' only is trademark. In both cases WHAT IT HAS TO DO WITH COUTERFEIT while i listed photos, brand Dali, title Dali and description and the only way it appeares is ''uggs'' for general style in one sentence? My account got restricted because of this. I called customer support. Lady there said that computer has word ''uggs'' in the system and she cant do anything, she said that i signed aggrement with ebay and ebay has a right whatever ebay wants without regards to IP law and they are not going to change the system as they are afraid of ''chinese couterfeit''. I'm sorry but ebay is full of chinese counterfeit ad they accounts are never restricted for selling knock off Cavalli coats, Prada bags, Saga mink,Hermes scarves etc., but the one whose accounts  are restricted are people who sells genuine quality items from Europe and actually read the law which is clear. I feel like customer support is highly unsopportive and useless in its very core. Why to hire an agent if he/she has no knoledge more that automatic ebay ''help center'' does and you feel like you to to outdated faulty computer rather than specialist. I've seen in other threads what people say on bonanza and aliexpress and how they changed to Amazon and after this first issue with ebay i totally understood why. I hope that at least competition will push ebay to hire IP lawyer to figure policies and programms that search from keywords on policies violations and train their agents enough to be able to use brain rather than read from screen word to word ''help center'' answers. Is it only me and latin principles of law who think its not right when local policies go agains federal and international law?! 

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Hi aminomar79,

Mind dropping me an email on this please? I'd like to see if Customer Support can have a look at this & advise any additional information.

Thanks,

[reallynicestamps]

So although the brand is Dali, in your listing you refer to them as Uggs, which most customers believe is a trade name by a specific Australian company.

Easy fix.

Don't call your Dali boots Uggs.

[cumos55]

Do not do anythig until  you have heard from Kalvin....

[wemcanadaoutlet]

Most Americans don't know the name of their president, than Obama should be trademarked? It's a law, not a religion and law is clear. I listed it as a DALI and in the description referred as DALI compere to other uggs styles. There is no such a brand as Uggs anywhere in the world registered even if you spell it with capital letter. This country lives by media, not by law.

[wemcanadaoutlet]

I send email and still waiting for reply. Restriction is lifted, but once I started listing I noticed that they limited number of branded listings that I can list like Yves Saint Lauren and Versace Versus which was ok before. The funny part that they didn't send regular feedback follow up survey. Kindergarten, not a company. But from some people who posted comment on the top about listing Dali as mythical brand UggS ebay might have the same percentage of illiterate people... I don't agree that someone's policy should be higher than law or according to someone's "beliefs", that's the reason western society is in deep crisis. i will be listing on thread flip mainly. Thank you for input.

[mr.elmwood]

You are dealing with a private company that can make its' own rules, within the law, about what can and cannot be listed. Referring to people as "kindergarten" and "illiterate" speaks more about you than them.

Keep on tilting your lance as the Knight Errant that you are, but, you will never win.

A highly intelligent seller learns how to work the system. What to say, what not to say. Those of us who succeed, do not do it by banging our heads against the wall.

Every now and then I get clipped by something. Arguing goes nowhere, and goes there fast. eBay can be yer best friend or yer worst enemy. Keep on annoying them and see which way that goes.