07-23-2013 04:37 PM
Trademark Violation - Unauthorized Item CF | ||
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07-23-2013 05:39 PM
Understand your frustration. Several years ago, ebay was replete with forged items from D & G, Prada, Gucci, etc., and ebay began to crack down when the trademark owners of these products complained. It may be also that the ebay message you got was also received by many others. It is hard to tell. After a quick check, there are over 1300 items with that name worldwide. Almost 1200 are shown as available on ebay Canada site. Wonder how many of these people got the same letter as you?
07-23-2013 05:43 PM
Like many before you (myself included), you are facing a complaint through the VERO program. Basically, eBay has NO CONTROL over complaints made by people claiming intellectual right ownership (VERO).
For more information, please take a look at: http://pages.ebay.com/help/policies/programs-vero-ov.html
and
http://pages.ebay.com/help/community/vero-aboutme.html
Only the Right Owner who made a complaint against you can rectify the problem. It is a pain in the....
07-23-2013 11:43 PM
I don't see where being a seller for 10 years entitles you to get off scot-free, either.
If you sold fake goods, it's illegal, no matter where you got them.
07-23-2013 11:57 PM
I've never heard of Lia Sophia jewellry, but if they sell through home parties I would not be surprised if they are tough about online sales.
Online selling upsets these pyramid /MM business models.
Surp- I agree that being a seller for a long time does not allow one any special treatment, but you should be re-reading your comments before hitting "post". That comment was poorly worded and combatative.
OP- You may or may not believe it, but some home party sellers are selling not only the authorized product but also counterfeit product, usually described as being "samples" or "end of line" or "only available in Europe, but I have a friend...".
07-24-2013 09:17 AM
@surplusdealdude wrote:I don't see where being a seller for 10 years entitles you to get off scot-free, either.
If you sold fake goods, it's illegal, no matter where you got them.
My understanding is OP is selling authentic articles (or so he believes) and trademark owner blanketly assumes they are fake without doing any due diligence and Ebay is covering their own behind by shooting first and asking questions later (or not at all in the case of VERO).
Usually the trademark owners are legally stronger (read: deeper pockets) than "alleged" trademark violatiors, and Ebay gets less heat by taking stronger side. Ideally VERO should be handled as dispute and abusers should be kicked out of the program and then handle their trademark protection disputes in courts, like they are supposed to.
07-24-2013 09:30 AM
And by doing their due diligence, like sending out warnings and removing listings, ebay is minimizing the possibility of them being included in any VERO lawsuits.
07-24-2013 09:45 AM
OP claims a VERO slap but provides no evidence except for a generic policy violation quote. Why would VERO single out this seller and not go after the others?
OP is providing nothing stating why the listing was pulled.
No, something is missing. Casual sellers make a lot of policy errors.
07-24-2013 10:19 AM
Nothing missing, that is the way it happens Inuk. It has happened to me.
They send a generic policy violation quote & no, they send nothing stating why the listing was pulled other than its a Trademark Violation. What the trademark violation is, who knows.
We do however have the right to send our inquiries to the Rights Holder.
I have sent pictures of the product including the labels inquiring politely what the Trademark Violation is & why the listing was pulled so i do not make the same mistake in the future. I have never heard back from them.
Why would they single out this seller ?
Who knows, VeRO reports the violation to eBay & the listing is pulled even though there are plenty of similiar counterfeit products for sale.
07-24-2013 10:34 AM
"Why would they single out this seller ?"
Maybe more than one seller or one listing were reported by the VERO agent.
There may be 500 listings that appear at first sight to be in violation but only 100 may have been reported.
It should also be noted by mistakes by VERO agents do happen. Sometimes they even get corrected. Been there... done that... forgot all about it.
07-24-2013 10:38 AM
Should add my Pearl Jam Montreal shirt was deemed to be in violation of the VeRO policy & was pulled last winter.
I guess a few flew under the radar & one sold for a great price in May of this year. Check Completed Listings.
Funny how two of the shirts i bought from a Winnipeg seller, were sold on eBay by a Winnipeg seller.
Could it be the same person ? Could he have reported my listing ? Coincedence, I think so, although i cannot prove it.
07-24-2013 11:04 AM
Out of curiousity i checked the Winnipeg Sellers Feedback & feedback was left for selling counterfeit Pearl Jam guitar picks.
I guess I'm convinced.
I had bought the shirt for a good price on Kijiji, that should have been my first clue.
Unfortunately Counterfeit Shirts & Jerseys pulled from eBay have found a new home on Kijiji.