Counterfeit accusation from rights owner

I was just called by eBay to inform me they were contacted by Entertainmentone.enforcement@incoproip.com and told one of my product (Peppa the Pig RoomMates Decal Mural) was counterfeit.

 

This is false. The item was bought directly from Walmart. It's a genuine and licensed product.

 

Now I'm told any other Trademark Violation would result in a suspension of my account...

 

I've written to the e-mail address they gave me and told them the item was genuine and proposed to send them the walmart receipt.

 

As I expected, I got no reply at all.

 

They make this bogus accusation and my seller account is now "damaged" and there's nothing I can do about it...

 

Anybody else had similar issues in the past?

 

What should I do?

Message 1 of 29
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Counterfeit accusation from rights owner

Anonymous
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So Walmart is buying and selling the counterfeit items?  Eh!

Message 21 of 29
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Counterfeit accusation from rights owner

Yep!

 

I was just told by a VeRo rep that my proof of purchase and the proof from the manufacturer that it was a genuine officially licensed eOne item meant nothing.

 

He said my supplier sells counterfeit item (!!!) and EVEN THOUGH eOne did not order the item he saw no problem with them claiming the item was counterfeit!

 

REALLY????? I have paid over 100,000$ in fees alone to ebay in the past few years. Have an anchor score with a great feedback score and have been a Power Seller and Top Rated Seller for years.

 

And I'm told by the rep the next time I do this (WHAT HAVE I DONE EXACTLY?) my account might be suspended.

 

And if I'm not happy, I can go to court! WOW!

 

I think this serves as a lesson. Don't see eBay as a primary revenue source. They apparently don't care about you and your business.

 

Now I know I can't count on eBay at all. I'm completely at the mercy of eOne and I don't have very high hope they will do anything.

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Counterfeit accusation from rights owner

@vip-marketplace 

 

For any Canadian seller, it's very frustrating that "Offshore" sellers have ways to bypass the rules on a regular basis with very little we can truly do about it to level the playing field. Shipping charges we will never be able to compete with, Fakes(Too good to be true's) farther than the eye can see and for some mysterious reason, they always seem to show up higher in searches. We attempt to make a fair and honest complaint on one seller, and 5 new ones are up in running within minutes. On average, an at-home Canadian seller has a lot fewer items available but make a mistake on 1 (One) and it's flagged in seconds. Honest mistake or not!!  Numerous hoops to jump through to even attempt to fix it. Do you bother? Do you have a hope in Haiti's in winning an appeal? Probably not!! Because these "Offshore" sellers have gazillions of listings and even stores with many names they will always have the control. Falls under the description...Sad but true!!!

 

-Lotz

Message 23 of 29
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Counterfeit accusation from rights owner

@Anonymous 

So Walmart is buying and selling the counterfeit items? Eh!

 

It wouldn't surprise me.

It would surprise me if they knew they were selling counterfeits.

That would be a poor business practice, leading to a drop in consumer confidence.

But we only have to look at reports of respectable brands learning that they had been sold fake or even dangerous ingredients to know that even the big boys can be taken in.

 

I remember seeing some crudely made women's dresses in Zellers some years ago with a respectable designer name (Simon Chang perhaps?) and thinking that those were ordered by a Zellers buyer but the supplier did not supply what he said, and no one checked as a quality control. 

 

Message 24 of 29
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Counterfeit accusation from rights owner

I too have been harassed by those at incoproip.com / chemours.enforcement@incoproip.com. Today I had a listing for a 1997 Chicago Bulls stadium giveaway ring made by Jostens removed by this intellectual protection firm called Incopro, because they claimed by item is a counterfeit. Chemours is a chemical company and I believe my listing was removed because Chemours makes a product called "Johnsens" which is similar in spelling and sound to "Jostens." I belive a bot must have removed my listing because of this similarity, without any review by an actual human before it was removed.

Message 25 of 29
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Counterfeit accusation from rights owner

Hi. This happens more and more and yes I've also been the victim. The very first thing to do is to confirm that this is a legitimate complaint. It sounds like it is. Illigitimate scams also happen regularly because someone maybe a competitor or a blackmailer, wants you to take down an item or pay them a selling fee. In those cases they usually notify the seller by snail mail or regular email. 

 

 You said you were contacted by eBay by phone. That is really weird. eBay will usually send a notice of the "Vero" by email and eBay messaging. Did you verify it was actually eBay on the phone? Anyone on the planet earth can get your phone number simply by ordering something from you. 

 

  Assuming the complaint is legitimate:

 

  When a rights holder files a complaint with eBay they only have a few check boxes to choose a  reason.  One of them is the item is counterfeit.  Companies check this box because there is no checkbox that says " We don't allow any unauthorized sellers of our product."  In some places this is illegal. instead of that they say it's a counterfeit item. 

   I know how you feel.    It happened to me with some JBL stickers given to me in the 80's at a trade show in Los angeles. The current owners of JBL  (Harmon Industries) stops all sales of anything that bares a logo. It doesn't make any difference if it's an authentic item.  I obtained  my items as a gift directly from the JBL  company. At the time I was an authorized dealer for JBL representing their products.  30 years later times changed. The new owners (Harmon Industries) didn't know or care. They just said the items were counterfeit. They are extremely easy to verify authentic even in the listing as they were backed with a certain 1980s special trademarked discontinued paper. There were clear photos of that. Usually companies, or their "bots" look at only the first listing photo. Not to mention I have photos of the good folks then at the company booth etc.  It kind of hurts when you are called out as counterfeiting for sure.  In my case it hurt a lot as I had been selling their products in my stores and on stages for years.

Don't take it personally. It's just a loophole "tactic" not an attack on you. 

 

 It's unfair. It's complicated. It's illegal in some cases. eBay is not there to adjudicate, mediate or moderate the disputes. They simply tell you to take the item down or sent an appeal to the rights holder. I think mostly these companies rarely respond to appeals  because they know the legal dispute would cost the Plaintiff (you) $100,000 or more.

 

  If you have evidence the item is not counterfeit you should report the issue to the eBay Vero team. Be sure to  take it down and forget about it. It's just not worth the mental or financial anguish.

 

   You can find lot's of info on Veros within eBay's help and support including contacts for the Vero team. As well you can search YouTube for "eBay Veros" for an endless list of videos from sellers on the subject. I highly recommend this. Be sure to sort them in the order of most recent. 

 

   Also be glad you hadn't sold the item. Veros can come back to haunt you months after their sale. Companies can come after you for the proceeds of the sold items. some folks have had multiples up and this happens. It can  cost you time and money. This is a growing and constanly evolving problem effecting most sellers. The best defence is to educate yourself as much as possible and to take them very serioulsy. 

 

  Many have been sued. 

 

  Hopefully that sheds some light and comfort knowing you aren't alone. 

ITWM

 

  

Message 26 of 29
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Counterfeit accusation from rights owner

@intimewithmusic  Oops, my bad.. I didn't read past the original post including the one where the Complaintant responded. That's great ! I would follow their request for evidence. Sometimes companies will work with sellers if they feel it's not harmful to the brand.

I'll leave my post up anyway for general interest because it happened to me and I did an awful lot of research into Vero's. I can say they are much larger legal problems than small claims court can resolve. When the "legal guns" do come out they are really really big guns. My research says

1. Try to avoid them through self education

2. If challenged verify legitimacy.

3. Know they are not propritory to eBay as they affect many platforms. 

4. Do whatever it takes to make them go away.

5. Move on

Message 27 of 29
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Counterfeit accusation from rights owner

This was a tack on to a 2019 thread, so thanks for the comprehensive current days post.  It is interesting that they only have a few checkboxes and it does not seem to include a provision for restricted sales channels.  I would think that is likely a very large porportion of VERO claims.    Most producers do not concern themselves about Ebay stuff but some do get very serious about it. 

Message 28 of 29
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Counterfeit accusation from rights owner

Hi everyone,

Due to the age of this thread, it has been closed to further replies. Please feel free to start a new thread if you wish to continue to discuss this topic.

Thank you for understanding.

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