Question: selling outter boxs Iphone 5G

[meetoo121]

hello guys I have a really fast question.

Im just wondering how the whole vero thing works.. If you ebay search Outter Box Iphone 5G a few listings come up.. a few from usa and a few that sell them out of japan and china and singpore.

I think everyone knows if the listing is from china for this item especially is a knockoff outter box.. why doesnt the ad get removed..

i have read that outter boxs are a huge vero list and if its counterfit the ad gets removed quick.  how do they not have there ads removed

[inuk_the_polar_bear]

Someone has to report them first.

[meetoo121]

But like for this one..

http://www.ebay.ca/itm/For-IPHONE-5-Defender-Cover-Case-Ottering-Silicone-Skin-Shell-Outter-Box-Purp...

There top Rated sellers... How?? 

[pierrelebel]

Where is the problem?  "For IPHONE 5 Defender Cover Case"

FOR is the key word here.  There is no claim the product is iphone

That seller is NOT Top Rated

[meetoo121]

Yeahh but 'Defender" is a company. That there rights isn't it?? 

Also I'm sorry yeah that seller is NOT a top rated seller, but there are some Japan and China sellers are top rated for selling outter boxs.. 

I thought Defender/ Apple would stop these listings?..

[pierrelebel]

The seller claims to sell something FOR .....

If you sell something to use FOR your SONY television set or APPLE computer or MINOLTA camera, etc... you are not in violation of anything.

[meetoo121]

OKayy I kind of understand, 

Even though "Defender" is patented brand.. People are allowed to sell knock offs of it?

If you claim FOR Iphone ?? 

[pierrelebel]

"People are allowed to sell knock offs of it?"

NO.

...but people are allowed to sell products FOR any brand name

[meetoo121]

OKay so to clarify, 

If I was to get outter boxers from a wholesaler and sell them on ebay stating "FOR" and they are the defender brand I wont get item removed or banned?.. 

[pierrelebel]

people are allowed to sell products FOR any brand name

[trikiliki]

The brand name one is actually Otter Box. They have called it Outter Box in the listing you posted in order to not get nailed selling a non-brand product. Is that picture an official Otter Box picture? If it is, then yes if it were actually reported it would probably be vulnerable to a Vero violation. If it is just a generic phone case displayed on an iphone, I don`t think that is a problem. They are allowed to make and advertise products as Pierre said ``for`` an iphone.

[pjcdn2005]

I have to partially disagree with Pierre on this one. Yes, you are allowed to sell a product that has been made for use on another product. But you can't use a registered brand name in the title unless that item was made by that particular brand because it is misleading and is considered as manipulating search results. For example, if I made purse charms and titled title the listing as a charm for a Louis Vuitton bag, the listing could be removed because I used a brand name incorrectly..

http://pages.ebay.com/help/policies/search-manipulation.html

Brand Names

Not allowed

Brand names, celebrities, or other product details can't be specified in a listing if you're not selling an item by those brands. For example, if you're selling a Coach handbag, you can't mention Gucci or other brand-name handbags.

Using "compatible with," "fits," or "for" before a brand name in the title of your listing to describe items that are universally compatible or that are compatible with an entire product class.

Using "fits," "for," or "compatible with," before the brand name of jewelry and clothing items or accessories.

I believe though that it is allowed to use the brand name within the listing in some circumstances.

With that being said, that happens all the time and unless the brand name used belongs to vero and tells ebay to take down the listing, the listing will often stay up. I think that at one time some of the more obvious ones were taken down by ebay once they were reported but that doesn't seem to happen as much anymore.

The OP said that "I think everyone knows if the listing is from china for this item especially is a knockoff outter box.. why doesnt the ad get removed.."

But the problem is, ebay does not hire experts on each brand name so they really don't "know" if a product is definitely fake. That's why they often leave it up to the company who owns that brand name to make the first move.

[recped]

That's why they often leave it up to the company

Not "often" but rather "always", eBay is just a venue, their position is that they can't and won't get involved. In exchange they established the VERO programme which relieves them of any legal responsibility provided they immediately act on any takedown orders under the DMCA (Digital Millennium Copyright Act).

For more have a look at the long running litigation of Tiffany vs eBay.

OP

If these fake Otterbox listings bother you......

https://www.otterbox.com/help-otterbox-fight-counterfeits/help-otterbox-fight-counterfeits,default,pg.html

[trikiliki]

I used the term "Tiffany Blue" once in a listing title to describe the colour of a bikini I was selling, not knowing that would be a problem, and my listing pulled for it.

[meetoo121]

Well my main reason being, is because If I am able to sell the outter box and not have my ad removed then I am going to look into this.. 

But I just want to clarify. If I did sell "Outter Box" would it be removed?? 

[pierrelebel]

" If I did sell "Outter Box" would it be removed?? "

Only two things are guaranteed: death and taxes.  How eBay react to a complaint - should there be one -  is impossible to predict.

[pierrelebel]

"Tiffany Blue" ..., and my listing pulled for it.'

A few years ago, eBay went nuts over trademarks following their loss in a lawsuit in France.

It was so stupid that at one time, for about a year, a Canadian seller could not list a Canadian postage stamp with the words "Jacques Cartier" or "Georges Etienne Cartier" in the title on eBay.ca as it infringed on the name "Cartier" !!!

We could list the same Canadian stamps on eBay.com but not on eBay.ca

Sometimes the folks at eBay do get carried away for intellectual rights.

[meetoo121]

What do you mean death an Taxes?? 

[canuckchat]

It's a sure thing everyone will die and a sure thing that you have to pay taxes 

[meetoo121]

so can I clairfy this.. 

I called Ebay today to get some more information regarding selling these.. I asked about if I sold outterboxs would my ads get veRo and they said there is none for this product yet?..

So does this mean I can list it safely? 

(*note my friend works in the kios in the mall that sells cases) I will be able to get them a small discount but no receipt.. (cash)