Trademark Infringement / /Copyright / VERO Issues - Cease & Desist letters.

[aking]

Yea, I never understood that either. I got banned for selling some DVDs but there were hundreds of other sellers selling the exact same thing. Someone must have reported us.

If your selling something in a pretty competitive market, other sellers will report you to boost sales.

[aking]

What is it?

[kasabian]

Let me start from the beginning...

I used to sell merchandise on Ebay, relating to a reasonably famous pop star/musician. T-shirts, keyrings, posters..that kinda thing. All designed, made, printed myself.

I found myself doing quite well out of it, because to be honest there was nowhere else that had quality products relating to this pop star.

I decided to start up an online shop using bigcartel.com. Basically to sell all my products on my own site, minus all the ebay fees..etc. i just thought this would be nicer, neater, and easier for customers to find me through my own domain, rather than going through ebay each time.

Anyway, my website has been around for a few months now. BTW, When I say it's doing well...I don't mean it's a full time business. It's just a way of getting some extra money on the side.

Yesterday I got a scanned letter by email from a lawyer in Los Angeles (I'm in the UK), from a lawyer representing the company who owns the rights to the official merchandise of this popstar (Bravado International Group). It's basically a lawsuit.

Now in the UK, the laws are different than the USA. No one (famous or not) can copyright their own likeness/image/face/feature. This is confirmed and I was aware of this before even making my website. If I've created the images of this musician from scratch, then its absolutely fine. Also his name isn't a trademark.

But even though I'm pretty sure I'm in the clear, and this lawyer doesn't have a case against me, I'm still quite worried. I've never dealt with anything like this before and I don't know what to do or where to go. I haven't replied to the lawyer yet. I don't know if I'm meant to do that or hire my own lawyer to do that for me. I'm completely lost.

I was wondering if anyone else here has gone through something similar, and if so, what happened...and how did it end..etc..

many thanks

[badebay]

list of brand names and associates who monitor ebay for there own brands etc. and either report to ebay or instigate removal. sometimes associates have been known to be competitors and suspect. to see a list of vero members clik on the vero url in ebay.

[aking]

Originally Posted by badebay

list of brand names and associates who monitor ebay for there own brands etc. and either report to ebay or instigate removal. sometimes associates have been known to be competitors and suspect. to see a list of vero members clik on the vero url in ebay.

ok, where is this Vero link in ebay? Im looking now...

[badebay]

i had a brand name threaten me with action a few years ago. i refused to fill in the form they sent to say sorry , and report my suppliers. i basicaly ignored them. i didnt sell it anymore though and the matter blew over. not a word. i recon they tried to scare me off. if your lucky this will be scare tactics only. but i would not sell for a while. And get some legal advice. one visit to a lawyer who knows his stuff should be ok. off the record " dont you think you took a risk ??? america invented the word sue

[aspkin]

So they're suing your website? It doesn't sound good...

It's probably best you get advice from a Legal forum...

FreeAdvice Legal Forum

[aspkin]

Two second Google Search: vero - Google Search

eBay Guides - VeRO for Dummies - Copyright Rules on Ebay

[kasabian]

here is the letter I have been emailed:





:/

[kasabian]

I dunno if emailing the lawyer back and having a normal conversation with him is the way to go? I can explain to him that it's just a small website started by a fan (me) and I didn't mean any harm by it. I really don't know if I should grovel or what.

[aking]

Might be time to stop selling whatever u were selling

[djmuggs]

theres several reasons why youve been suspended and others have not.

1) they report you (since they are powersellers, ebay WILL listen to them more often)
2) they are power sellers, therefore dont get looked at by ebay as often
3) you own a new account, which to ebay can be a high risk account which therefore will be suspended for listing potential high risk items. (dvds, cds, name brand shoes & glasses)

[aking]

I guess you had to get in the ebay game early and become a power seller to remain in the game. DOesnt sound like its even possible to become a power seller now.

[philly387]

I would suggest talking to someone you know that knows the laws. Maybe you have a friend or relative that you can talk to?

[greg2414]

how you know it's real and not some con getting you to send all your supplies over etc etc

[GreenBean]

Originally Posted by kasabian

I dunno if emailing the lawyer back and having a normal conversation with him is the way to go? I can explain to him that it's just a small website started by a fan (me) and I didn't mean any harm by it. I really don't know if I should grovel or what.

IF you engage in any contact with this lawyer you are inferring guilt. No lawyer is going to have a normal conversation with you. Forget that approach.
Choices are to ignore this correspondence, stop selling the items AND get legal
advice if you are concerned.

[ebayhateluv]

HI: i'd contact either your own lawyer, or you wanna try Pro bono--contact
Tabberone

[boxer789]

I GOT THIS MESSAGE FROM EBAY TODAY:

DOES THIS MEAN I DONT HAVE TO GIVE THEM ANY DOCUMENTS OR IF I DO WHAT DOCUMENTS DO I HAVE TO GIVE THEM AS I HAVE ALL ⊗⊗⊗⊗ INFO ON MY EBAY ACCOUNT LOL

We regret to inform you that your eBay account has been suspended for a period of no less than 7 days for breaching eBay's Copyright Violation - Unauthorised Item policy.

You may not list unauthorised copies of media on our site because selling them is both illegal and against eBay policy. Unauthorised copies include (but are not limited to) backup, pirated, duplicated, or bootlegged copies of software, video games, music, films, television programs, photographs and books, both published and unpublished.

Copyright owners possess the exclusive right to reproduce their copyrighted work, to distribute copies of their copyrighted work, and to perform or display their copyrighted work publicly.

Guideline: If the product you are selling is a copy of another work that you aren't authorised to copy, don't list the item.

Review of this listing indicates that the item offered appears to be an unauthorised copy. Due to security around eBay's review processes, the indicating factors cannot be disclosed.

For more information copy the following link into a new browser window:

Replica, Counterfeit Items and Unauthorised Copies

During your suspension you're unable to leave or receive feedback, buy or sell items or file Unpaid Item Disputes. If you need to access information about listings that ended before your suspension period check the emails we sent you when the listings ended.

Please be assured that we've carefully reviewed each breach of eBay policy that led to this decision and verified that the correct action was taken.

During your suspension you're prohibited from registering new accounts or using existing accounts. Any attempt to re-register or use eBay will result in permanent account suspension with no possibility of reinstatement.

[fadeToblack]

Your eBay account has been suspended for a minimum of seven days due to a violation of the eBay Copyright Violation - Unauthorized Item policy.

so I got this horrible email 7 dyas ago today. Payed my fees the next day and asked for reinstatement. I was a seller and buyer for 6 years with over 1200 feedbacks 99.1% positive. I admit selling 6 different dvdr bootlegs and I should have stopped after the 3rd 'Copyright Violation - Unauthorized Item' warning. most of what I sold was vintage audio/stereo gear and a can assure anyone that my dvdr selling days on eaby are over for good. so what are my chances of getting back on?

they said:

***Please note***

- eBay will carefully consider your request, but we can't guarantee that
your account will be reinstated.

- The reinstatement process will take a minimum of five business days
from the time that the forms are received.

Thank you for your time.

Regards,

eBay Customer Support

[Quasi_Mojo]

You will probably never get the old account re-instated - especially after multiple warnings. You might want to check with Modee, though. If you follow the steps in the eBook, you shouldn't have any problems.
If you want a high-level overview of what you should do to correctly create new Fleebay/PP accounts, check this out.

If you want more detail, I seriously recommend you purchase the eBay Stealth ebook.

[ebayhateluv]

After 7 weeks of back and forth, with Rolex USA, a Counter Notice being filed, and an Appeal i filed--I WON!

BTW--for those of you who havent encountered a Vero yet--ROLEX USA is VERY VERY wealthy, they have Lawyers on Salary in every state!
So-its a Big Victory!!

RE: Ebay item-Removed

Gaf Counsel to you - 1 hr ago More Details
From:
Gaf Counsel <gafcounsel@gibney.com

To:
xxxxxx@yahoo.com
Cc:
Bcc:
Date:
Wed, 3 Sep 2008 4:29 pm



Dear Mrs. XXXXXXXX:

As you are aware this firm is general counsel to Rolex Watch U.S.A.,
Inc. ("Rolex").

Please be advised that we requested that you auction be reinstated.

We apologize for any inconvenience.

Sincerely,
Gibney, Anthony & Flaherty, LLP

-----Original Message-----
From: xxxxxx@yahoo.com [mailto:xxxxxx@yahoo.com]
Sent: Monday, September 03, 2008 04:29 PM
To: Gaf Counsel
Subject: Ebay item-Removed