MC999 Listing policy violation alert: Patent Violation - Unauthorized Item

[hitman]

Hi

I have been selling accessories for ipads for a year now but recently ebay have remove the listings and gave the following message:

"After reviewing your eBay account, we've taken the following action:
- Violating listings have been removed. A list of items that were removed can be viewed at the bottom of this message.
- We have credited any associated fees to your account.

Your listing was removed after the rights owner notified us that your item infringes on their patent rights. We urge you to contact the rights owner directly for more information about why they requested the removal of your listing.

For more information on our VeRO program, go to:
eBay UK: Help: VeRO Programme



Please be sure your current and future listings follow these guidelines, keeping in mind that additional violations could result in the suspension of your account.

We encourage you to contact Apple, Inc. directly if you have any questions.

You can send an email to:
apple@enforcements.markmonitor.com"

I contacted apple and they said because im using words like ipad and also my image includes and picture of there product thats why it was removed by ebay.

they say that the markmonitor is a automated system that looks for listings that protect apples copyright

the problem now is i have so many of these products and have no where else to get rid of them

ive had one account suspended because of this and i have another account that got a warning last nite

I was wondering if these anyway around this problem and list the items without apple finding out so i can get rid of my remaining stock

other sellers are still selling there product and i want to know its these a way round this issue

[JamesNorth101]

I would look at selling them either in bulk or via another sales platform.

You will not be able to sell these on eBay

Your lucky that your account has not been suspended, but it will be marked.

[rsot]

Sell on other platforms.

Look for different options.

Read about stealth.

Apple is very difficult to sell as a trademarked name on eB.

Best of luck

[hitman]

I emailed apple to find out why they told ebay to remove the listings and they said the following-
"
Thank you for your e-mails concerning some products that were recently reported to eBay for infringement of Apple Inc.'s intellectual property rights.

Your listings were reported for removal after confirming the existence of such infringement, specifically in connection with the Lightning cables and Lightning to 30-Pin adapters that you were selling and the images that you were using.

Firstly, the cables and adapters that you were selling incorporate Apple's proprietary Lightning connector design. These cables and adapters were not genuine Apple products or approved third party products which were licensed under Apple's MFi program. As a result, these products infringed Apple's Registered Community Designs in the European Union which cover all aspects of the Lightning connector and the design and shape of all Apple products into which the Lightning connector is incorporated, among other Apple intellectual property. Unauthorised Lightning accessories are of great concern to Apple because they are unlikely to function as well as authentic Lightning products and could pose safety risks to consumers and may cause damage to Apple devices.

Secondly, the listings we reported used images of Apple’s products (including the Lightning to USB cable and Lightning to 30-Pin adapter) that were taken from Apple’s proprietary promotional materials, without Apple’s permission. Apple owns the copyright that subsists in various of its promotional and marketing materials, including in all of the product images which appear on Apple and all country specific derivative websites operated by Apple. By using Apple’s proprietary images to sell your products you were infringing Apple’s copyright and increasing the potential for customer confusion by reinforcing the impression that these were genuine Apple or MFi licensed products, when they were not.

Please immediately cease any other sales of unlicensed Lightning products and all use of any images that have been taken from Apple’s proprietary promotional materials.

As for the status of your seller account with eBay, this is a matter that you will need to discuss with eBay directly. We are not able to withdraw our complaints against your listings, as the items in question were infringing.

All rights reserved.

Sincerely,
MarkMonitor, on behalf of Apple Inc"

does this mean if I don't sell the cable or convertor or any of there images I may able to list other accessories. They most be a way around it they say that only some accessories are the problem.

[bjammin]

eBay is watching that account now and so is the V**O agent that reported you to eBay. The company warned you not to sell it because you are using their good reputation to sell your (supposedly) inferior connectors. I know you do not want to eat these things, but you can expect to have lawyers involved next time they see you selling this on eBay. You should never use pictures from a company's website. It is too easy for them to reverse search by pic and find your listing. Even if this was the real Lightning connector, you still cannot use Apple's pics.

[Dmshark25]

It may never even get to legal actions , I bet within an hour after re listing ( if u tried) your account would be permanently restricted

But either way , that account will never sell apple products again, definitely one of the hardest product to sell