Policy Violation!

[bighillbargains1]

Yesterday I've listed 5 original Lacoste Polo Shirts (shelfpulls from Costco) and today they got removed by ebay. Apparently Lacoste SA complained that they were counterfeits...

Geee, they're not! (Designed in France, made in Peru, like so many other Lacoste listings on ebay...)

I just sent an appeal to Lacoste SA to please reinstate my listings. Not that I need to sell them on ebay, I can sell them anywhere for that price! But to get my strike removed that now is "glowing in yellow" on my Dashboard. 😞 If I'm violating a policy, ok I can take the yellow, but if it's just because Lacoste is having a bad day I'm not taking it!

[surplusdealdude]

Atta girl - sic em!

They shall rue the day they decided to mess with - what was your name again? - wirthenterprise!

[bighillbargains1]

Yah, yah, just make fun of me, that's what ebay does too...
:-p

[golfing_in_style]

Just about every time I list a Lacoste shirt I get questions from customers asking whether or not it is a genuine LaCoste.I know there are allot of fakes out there,and some very good ones at that.I'm scared to death to list a LaCoste and haven't for about a year.I stay away from them...Too dangerous.
I share your frustation with that type of Policy violation.About 5 months ago I listed an IL Migliore mock crew with a Saskatchewan Roughrider logo and it was a violation because it wasnt authorized by the CFL,which was entirely my fault,but I got nailed within a day of the listing being put up.Hang in there...

[bighillbargains1]

The thing that scared me a bit is in my Dashboard it says, this policy violation will be removed in April 2011!!! I can't beleive it will stick there for a whole year. It only needs two of these violations to be out, I have been told.
I'm actually curious if LaCoste will even get back to me.

[femmefan1946]

A few years ago one of my co-workers told me his 17 yo son and his buddy were selling on eBay as their summer job.

They had bought 1000 Lacoste shirts from China and .....

Well you know how that goes.

BTW, we were working for the RCMP at the time.....

[pjcdn2005]

The thing that scared me a bit is in my Dashboard it says, this policy violation will be removed in April 2011!!! I can't beleive it will stick there for a whole year. It only needs two of these violations to be out, I have been told.
I'm actually curious if LaCoste will even get back to me.

I got my first violation this month too and it was for such a dumb thing...dumb on my part. I listed an Olympic pin of an ice resurfacer and a mascot on it. It seemed to make more sense to use the word Zamboni in the title....because that's the name of them..or so I thought. lol It never occurred to me that it was a trademark just like ski doo or kleenex.

It is a bit scary that a person can do something like that without thinking and get a violation for a full year..it feels like I'm just waiting for something else to happen now.

[dipmicro]

How these companies prove to eBay that item on sale is not made by them and and thus the trademark use is protected under "Nominative use" ?

Perhaps the invoice showing you purchased the item from the authorized distributor may give you the proof of the opposite.

Are we already this far in Orwelian times, that all it takes is point the finger ? Or it's the reputation of eBay, that "everything is fake" ?

[golfing_in_style]

it feels like I'm just waiting for something else to happen now.
Exactly the way I feel.Not much fun working scared waiting for the hammer to fall.
Seems like a very severe penalty to pay for sellers with an excellent track record.

[bighillbargains1]

How these companies prove to eBay that item on sale is not made by them and and thus the trademark use is protected under "Nominative use" ?

I was told by a ebay rep, that they don't have to prove anything. If they (in this case LaCoste) report the item as "possible" counterfeit it will be removed right away and you get a policy violation strike right away too.
You're not given the chance to defend yourself or anything. The only way to go is to appeal to LaCoste directly and ask them ro reinstate those listings. They would then have to contact ebay and confirm that they made a mistake.

I actually did that about a year ago with a DVD Set that had been removed by Warner Bros. I sent the appeal right away, clearly stating that it was an original Set and also asking them to reinstate the listing. Beleive it or not but 2 weeks later I got a message from ebay that my listings has been reactivated and my strike had been removed.

So I'm crossing my fingers that the LaCoste rep has a good day!

[bcbeautiful]

I have had problems with Umbro England Soccer jerseys.
I am paranoid about listing them. Both my wife and I carefully look for any indicators that they might indicate they are not real.
I have emailed pix to Umbro in England and several jerseys that appeared real, were determined to be phony. It is almost impossible to tell.
Yes, the warnings do stay for a year. I am trying to keep my nose clean until June '10.
I think the VERO rep should contact eBay about the offending item and asked the seller to remove the auction within 24 hours. If not done, then give them a policy strike.
I don't think eBay appreciates how difficult it is to determine authenticity.
If the seller has numerous listings, then everyone knows the seller is aware of the fakes, and therefore should be reprimanded.

[pjcdn2005]

I was told by a ebay rep, that they don't have to prove anything. If they (in this case LaCoste) report the item as "possible" counterfeit it will be removed right away and you get a policy violation strike right away too.

That's what I understand too. If they belong to Vero and they report an item, ebay removes it,no questions asked. I've also heard that some companies will report an item regardless if it is authentic or not because they want to discourage all ebay resellers. They want their customers to buy direct from them, no one else.... not even used items.They aren't supposed to do that but apparently it does happen.

I'm not suggested this is the case in any of the companies mentioned on this board though.

[pjcdn2005]

it feels like I'm just waiting for something else to happen now.
Exactly the way I feel.Not much fun working scared waiting for the hammer to fall.
Seems like a very severe penalty to pay for sellers with an excellent track record.

Seems severe to me too although I admit I was in the wrong but seems like there should be some sort of leeway when it is the first violation of any kind.

There are so many sellers on here who continually sell counterfeits and they are still here...I don't get it.

[surplusdealdude]

Wouldn't it just be easier to get together, mark the most dangerous items and then advise sellers to avoid them completely?

It sounds like playing Russian Roulette with 4 bullets in the gun.

[craftycatsattic]

Wow that just doesn't make sense. I have a different problem. I compete with sellers that break copyright laws by selling copies of patterns. I report them all the time. Does eBay yank them?

NO!!!!!!

I think when it comes down to it, they are only concerned about litigation. They have no interest in being fair.

Good luck with your appeal to Lacoste! When I was selling branded underwear (and I'll forgo the names), we specifically refused selling to certain stores...but legally we had no grounds.

[dipmicro]

Wouldn't it just be easier to get together, mark the most dangerous items and then advise sellers to avoid them completely?
.

Or maybe if 100 eBay sellers put $200 ea and file an anti-trust and malevolent business disruption case, that may discourage them too. I am not talking about $2M case that will go on forever, just show the teeth.

[dipmicro]

Every conglomerate these days fears becoming ATM like Microsoft for European Union. eBay stockholders are probably waking up every morning "No lawsuits today, nice !!!".

[bighillbargains1]

I think the VERO rep should contact eBay about the offending item and asked the seller to remove the auction within 24 hours. If not done, then give them a policy strike.

At least that would be fair, but who said ebay is trying to be fair...

[bighillbargains1]

just show the teeth.

I like that!