VERO PROGRAM, SOMETIMES NOT FAIR

[2hormy]

HELLO
I just want to ask if you think this is fair.
The other day one of my listings were pulled out because a someone claimed to be the right owner. I got this email:

We would like to let you know that we removed your listing: 5971050119 REMOTE CONTROL SUBMARINE (play under the water)
If you believe your listing was ended in error, or have questions regarding the removal of this listing, please contact the VeRO Program participant directly at:

Megatech International

EBay is available to answer questions, but since it is the VeRO Program participant that requested the removal of your listings, we encourage you to contact them first.

I contacted the person responsible for this situation and he said that :
Dear EBay Customer,

The item you had listed for sale is a copy of, or has parts copied from our Ocean Explorer 1 Micro Submarine protected by US Patent D503,754 S. No matter how you obtained this copy, any sale or resale of it is prohibited.
Please visit the US Patent office website at www.uspto.gov if you would like a complete explanation of our rights to enforce any infringing sales of this item.
If you check the link to check for the patent owner. you won't get much information:
The right owner's name is not the same as the one I have to contact to resolve the problem, there is not pictures available to see, no description of the item, nothing to convince me. The patent is in the US only, not in Canada.

This is a picture of the item that he claimed to be the Rights Owner of:

http://www.megatech.com/images_5.0/products/7702/large.jpg
(I obtained it from his website)

And this are the pictures of the item that I imported from overseas:

http://www.gfxhost.com/eBayImageHosting.php?i=16046&img=SubmarineRed.gif&Image-Hosting=Photo-Sharing

http://www.gfxhost.com/eBayImageHosting.php?i=16047&img=SubmarineBlue.gif&Image-Hosting=Photo-Sharing

http://www.gfxhost.com/eBayImageHosting.php?i=16051&img=SubmarineGreen.gif&Image-Hosting=Photo-Sharing

The item that I sell is about 8" long, his item size is about 3" long, different shape,colours, etc.
The guy won't let me sell the item without any reason.
EBay doesn't want to get involve.
I don't know what to do after trying several times to show proof that I am not infringing the law.
All I got was warnings that my account will be suspended if I list the item again.
I think EBay should at list investigate those guys that claim to be right owners of a product and they are not showing evidence.
I am just getting seek with all this.
I need your opinion guys
Ant thank you for taking the time.
Daniel

[audioshack]

There may be some misunderstanding on your part. Patents have very little to do with size or color generally. There can be exceptions but I don't think so in this instance.

The patent in this instance may apply to the subs ability to be radio controlled while under water. But that is just speculation on my part.

Many US companies are getting tough on the cheap China imports that infringe on their patents. The manuafacturers that produce the knock-offs may operate with impunity but that does not prevent the patent owners from going after the distribution chain.

It falls to distributors and importers to do their homework prior to importation to ensure that the product(s) can be legitmately be sold.

[imagi.nation]

Actually, this is a "Design Patent". Design patents are for protecting the physical appearance of an object from being knocked off. Examples of likely items that would be candidates for design patents would be Apple's iMacs and iPods, and apparently this toy submarine.

The pictures of the subs OP is selling are similar to the ones shown by the company making the VeRO complaint, especially in the fins and tail section. I don't know all the details of this particular design patent or the history of the design of these toy subs but from first looks I'd have to say the company that did the VeRO have a case. OP would be well off to consult with a lawyer versed in intellectual property matters to see if they can fight this.

What it looks like is that OP imported these toys from a manufacturer who made these toys based on an already existing toy. Most of the time knockoffs end up in swap meets, street markets and dollar stores, outside the radar of the design patent holder. Selling them on eBay made the seller highly visible and easy to shut down.

Ernie.

[auctiondropnship]

Contact Tabber !!
Todd

[2hormy]

Thank you guys for your comments.
Everything is ok, but this guy who claimed to be the right owner is not.
I did a research and found out that the right owner of a similar item has another name.
This guy is trying to protect his dealers by shutting down my listings.
He told me that I can sell within Canada only but don't list it available to the US.
The point is that the VERO program is fine but the way that some people abuse it by doing false claims and the way EBay don't do anything to clarify who is wrong or right is not fair. They limit their actions only to send warning of possible suspension.
If this person is member of EBay and is doing something wrong why punish me and not him?
Daniel

[auctiondropnship]

File a Vero Counter Claim , He would have too take you too court to prevent you from selling the item
TOdd

[mkahiel]

This is the same guy who caused suspension to my account read more in:

http://forums.ebay.ca/thread.jspa?threadID=300019291&tstart=0&mod=1116733343938

How could I file a counter VeRO if we are in different countries?

[auctiondropnship]

I did
Works great , and that's my point
Becuase you live in a different country this is an advange.

Were's Malcom ???? Someone get Malcom

[auctiondropnship]

Well once you fax the letter too Ebay .Saying you have done nothing wrong . The only thing left for the company too do that VERO-ED you is too take you to court .

Once that take you too court they have to get a judgement from a Lawyer

Most smaller Vero Companies ~~would not go this route. Extremely Expensive

[2hormy]

I have 2 letters ready to fax it for the 2 listings that are been pulled out.
I am sure I am going to be listing my items back.
I will post the result in the near future.
Thank you all
Dan

[sunward-hobbies]

Be careful of relisting. You may get permanently suspended.

Just because you sent a fax to ebay doesn't mean it is okay to relist.

Read the taber site and see what needs to be done.

http://www.tabberone.com/Trademarks/trademarks.html

Angelo

[2hormy]

I will relist when Ebay aloud me to do it.
not before.
I got that advice from Tabberone.
I think she is great.
Thanks angelo
Dan