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

[DogFacedBoy]

Originally Posted by Capt Quahog

Have actually three eBay accounts since 1999 and 2000. Unless things have changed, I don't think eBay cares about multiple accounts at the same location. That's if the Users at the mutual ISP address aren't bidding among themselves. Do know that new software used by eBay can instantly track the ISP and will suspend all the accounts assigned to that Internet address whether involved in a VIOLATION or not.

I don't understand... you say that you have had three accounts dating back as far as 1999 and ebay doesn't care that they are at the same location (do you mean email and/or street...IP address)

Is the software you are talking about is only used to check the IP address (not ISP) of the bidder against that of the seller? If it is indeed the ISP that would unfairly knock out almost everyone. A Roadrunner subscriber in California couldn't bid on another auction in California who had RR?

I think you must mean IP address...
I sure hope so.
Easy enough getting around if you have the ability to reset IP addresses and cookies between every login.

BTW, I believe VeRO stands for Verified Rights Owner (correct me if I am wrong)
So if you sell ⊗⊗⊗⊗ Rolexes, Oakleys, Prada purses basically anything that someone other than you hold a trademark or copyright on you will get a VeRO warning.

The way it went for me was:
first warning...listing removed
second warning, listing removed and account suspended until completing the online tutorial
third violation...GOODBYE FOREVER

I have read here though about people getting tossed forever on their first infraction to people getting away with several...just spaced out quite a bit.

Just be prepared if you are selling any items like these they will eventually get you.

[imjustme]

i have a few authentic items (i buy wholesale, then sell more expensive) listed on one ebay account, no counterfeits. today ebay pulled one of my listings for 'trademark violation - unauthorized item'.

i used the company's logo on the listing in addition to photos - could that be the reason for it being pulled? i wrote to ebay and naturally, the response i got, was only that they didnt have any more information.

[aspkin]

i used the company's logo on the listing in addition to photos - could that be the reason for it being pulled?

That'll do it and more.

[imjustme]

i guess i'm gonna try listing it again ...without the logo to spice up the listing. if the account gets killed i'll move to the next one till i have it figured out

[arysmith]

what item were you selling? I know of a recent crackdwon regarding Reebok jerseys.

[imjustme]

i just talked to them again through live help and they did say i was indeed allowed to list the item, but the trademark owner complained that i had used their logo outside of the photo and therefor violated their trademark. go figure.

[Chris Hanson]

They actually told you that??? I'm surprised they gave up the info

[DogFacedBoy]

Wow, I consider that a moral victory.
It's usually the fact that they don't tell you what you did wrong and that leaves you trying to find out through trial and error and after the third strike, you're gone for good, forever.

Unless you find Aspkin's site

[Dark Shadows]

I do feel your pain. I went into an ebay chat looking for help. I asked if anyone knew if it was okay for me to put in my auction that I was looking for watchers, and that if anyone was watching to please send me an email and let me know. One self appointed "ebay police", took it upon himself to look at my completed auctions to see what I had sold and purchased. Saw that I had purchased photos and recipes from 1 cent to .99 cents, and told me that was against ebay policy, because it would be considered fraudulantly building my feedback. I had no idea of this, and didn't think anything of it. He obviously reported this to ebay because I then got an email from ebay stating that it was determined that I had purchased auctions in an attempt to build my feedback, and though they realized I was probably unaware this was against ebay policy, they would have to remove that feedback. The did remove the feedback. I felt so violated. I was looking to the ebay community for information, so I could make sure I was not breaking any ebay rules, and they turned on me. I was only trying to find out about getting watchers on my ebay auction. The guy in chat even childishly sent me a nana nana boo boo email after the feedback was removed.

[Jack]

Yeah, don't ever ask ebay chat. They'll either be fools who know nothing, self righteous or nosy. Either way, there is no good there. Better to ask people who really know and are far less likely to turn you in. My stress level went way down once I stopped running to them when a problem arose.

I feel your pain about the lost feedback. It happens more often than you think. Don't even bother trying to appeal it. It will fall on deaf ears and likely get them to watch for you even more.

[Jack]

So let me get this straight...now you can't sell an item with a trademarked logo? Does this only apply to new clothing en masse? So what happens if I decide to sell some old clothes that just so happen to have those logos?

[imjustme]

Originally Posted by Jack

So let me get this straight...now you can't sell an item with a trademarked logo? Does this only apply to new clothing en masse? So what happens if I decide to sell some old clothes that just so happen to have those logos?

i think you can, the photos of it as well. but my mistake was i took the logo graphic from the trademark owner's website, uploaded it to photobucket and showed it through the listing.

[Dark Shadows]

Jack - Of course they didn't bother to return any fees that they charged me for any listings I posted where they canceled the feedback on those as well. They were legitimate sales too, but I decided just to let it go.

On another note, I found this forum as I was searching on how to get watchers to my auction, and hated to ask after the experience I had when I asked for help on ebay. But, after reading all that I have in the past few hours it seems I am fairly safe here. Can anyone advise me on how I can get people to watch my auction?

[Chris Hanson]

Never communicate in the Ebay community Forum under your sellers ID. Those places are full of Ebay police, snitches, rats and employess. Some people just sit in there to turn sellers in. Always create a new fresh Id when posting in the community forum.

[Jack]

Something I've wondered--Is there any way that ebay will see your seller id when posting under a posting id? I tried it once and you can actually sign in under the new id while you're still signed into your regular id. Weird.

[Chris Hanson]

Try and post in the Ebay forums. Them people will eat you alive!!!!!!!!!! They will search your life records and pull shyt up on you that you would had never had thought anybody could.

Go and the forum and just do some reading and watch how they react to the questions.

[Jack]

In some respects he's right. I can't count how many times I've asked a simple question just to get some nosy nellie go poke into my history. If it's not part of the question, what the hell difference does it make!? I say you stay on your side of the fence and I'll stay on mine. But like they listen. Geez go back to your Springer...

[Dark Shadows]

Modee - Trust me, it happened to me. I was shocked. I went into the forum to get help. There were several people in the forum. A few of them said nothing negative and seemed as confused as I was. But, it was like I was a wounded animal and the others were a pack of wolves, and they had a leader. He would attack and the others would follow. I merely said that I was trying to make sure I didn't break any ebay rules, and I wondered if anyone knew if I could add to my auction that I needed watchers, and if anyone was watching to send me an email and let me know. This one guy checked my completed auctions and announced to the other's that I was a scammer because I had purchased cheap auctions to get my feedback up. I told him I didn't know what he was talking about, I was not aware of breaking any ebay rules. I was creating a baby book for a relatives shower and I had purchased a bunch of pictures for the book, and that I also purchased a bunch of recipes. That after, I realized there was a market for them, I listed some of mine. He was vicious! I sell an informative e-book on how I have made my money over the years. It is a legitimate e-book, and not a scam. He has not read my e-book nor had the other's, but he began to call me a scammer, saying the low priced purchases proved I was a scammer. I stated that if I did not have honest intentions why would I come into the chat forum asking for help to keep my account legit. This was completely ignored. I was ripped to shreds. I have another account on ebay that I market from, that is the account where I sell the items I tell people about in my e-book. I have 100% positive feedback. I did not tell them about that account and obviously this is a good thing, because I am sure he would have set out to try to sabotage that account as well. I stated that I was leaving the chat, but in the ebay chat forums, they can not tell whether you are really leaving or not. You can just sit there and watch, and see what people are saying. After he thought I was gone, he told everyone to be sure to watch my auctions, because I was going to be naru'd within the week. At the time I did not realize he meant he was going to have a hand in it. But no sooner had he said this, ebay removed all my feedbacks pertaining to any low purchases and sales. Then he sent me a taunting email after the feedbacks were removed. There was nothing about my auctions that affected him or the other people in there personally. I looked up his account and he didn't even have 100% positive feedback.

[Jack]

Yes, and if they're not picking you apart like a wounded animal, they're talking about their own pets or the weather. When I visit those places, I just have this big picture of a big gossip-y knitting circle of lonely cat ladies who have nothing better to do than pick on people because they're own lives are only as interesting as the gossip that they share. Most of them have no idea how to answer a question and will defend to the death their own skewed viewpoints before even considering a new thought. You will occasionally receive good advice, but it's few and far between and hardly worth the hassle you go through trying to "prove" yourself not to be a threat. Most of the time, I've had better luck taking their advice and doing a 180 with it. Seems to be a consistent sure bet actually.

So I guess you could say I go there to find out what not to do.

[Dark Shadows]

Modee - Thanks, the thought makes me laugh hysterically. I definitely came out of there feeling mentally battered, and wished I was a huge bird and could find him sitting on a park bench somewhere while I sat above him in a tree. I am sure you get the visual. I think Jack is right these people have no lives and are just looking for something they can turn into gossip. They have to create drama where this is none for entertainment. When I looked at the guy's Me Page who created all the trouble for me, and he had a photo of a man on a motorcycle who he claims is him, but you can't make out the face. I am guessing he is probably a hideous troll like beast and is very bitter about this and takes it out on others. Of course this is how I choose to visualize him in my own mind.

[DogFacedBoy]

I actually had someone in a newsgroup try to figure out who I was by my email and then going to EB community and then slam me because they thought I was a different NARU'd user from like 5 years ago.
Most of the people on the NG sounded like a bunch of bitter old maids

[Dark Shadows]

DFB - That really is vicious. I guess those people just live in there waiting to cause trouble for the unsuspecting.

[DogFacedBoy]

They did kind of pounce on me like a pack of hyenas...


come to think of it I think I heard them laughing at me too

[Dark Shadows]

Sorry, I shouldn't laugh. I was sure I heard the hyena laughter as well. Makes me want to be a vigilante of sorts.

[Chris Hanson]

ergggg uhhhhmmmm Ijust got a cease and desist email from a owner of a popular brand through my email..

What should I do.. I should I ignore it??

They also removed all listings from Ebay even the ones that already sold

[powerbid]

did they required you to submit anything? any details that they asked for ? what about ur ebay account is it in good standing or suspended?

[Chris Hanson]

My ebau account is still good and they did ask for supplier info, send items to them, names of people I sold too..bla bla bla.. Said i have 10 days to do so.

All they have is a ⊗⊗⊗⊗ address, name and throw away email.

I couldnt find nothing on google about them suing anybody or anything

What should I do? Should I ignore it

[Chris Hanson]

I also think a competitor sent me this. Because I got this letter on other accounts of mine. But another seller is selling the same thing by the tons and he is still up and selling.

Actually I used his selling style when I was selling the items.

No wow would they bother me who only sells 1/4 of what this other seller and others are selling.

I think he bought something from me just to get my email, name and address to put int he letter.

[spike1]

as long as none of it can link back to you in anyway you should be alright. how did you get the letter? some random po box or what?

[Chris Hanson]

Well the competitor can be sending out ⊗⊗⊗⊗ emails so that he can get all the sales and he is selling counterfeit items for sure..

I mean I wont sell it anymore but I'm just going to reply from a library or something and tell them I stopped selling and give them a legit authentic supplier

[powerbid]

dont leave the matter like that.. dont ignore unless u r 101% its ok... what if wat modee said is right about tracking via isp? just incase visit this link Cease and Desist.

[Chris Hanson]

When you say dont leave matter as is, reply to the email or just stop selling the items

[tvaughan08]

Originally Posted by Chris Hanson

ergggg uhhhhmmmm Ijust got a cease and desist email from a owner of a popular brand through my email..

What should I do.. I should I ignore it??

They also removed all listings from Ebay even the ones that already sold

Hmmmm, if they don't have your real information...then nevermind them, just make sure u cover your tracks with shipping..because if it goes to a lawsuit or something the only waaay they can track you is if ......YOU GOT IT!!....your customer snitches. See if the popular brand contacts ebay for information on you ebay is just going to give them the info they have. such as your i.p address which only shows your approximate location and the info u have on your account. But ebay also has your customers information who you sold the item too, and im sure there info is right. All they have to do is call the customer and ask them to fax the tracking number you gave them. The turn around call the carrier who delivered the item to your customer, and ask for the address from which it came. Then you have a problem, But not really you can always say what I always say when I have a run in with the law...I DON'T KNOW WHAT U TALKING ABOUT! with a good confused look...ask the NUMBER 1 QUESTION "DO U HAVE A WARRANT" if not...hit them with the Number 1 closing statement "Have a good day" HEY! its works for me...98% of the time.

[powerbid]

yes definitly stop selling the item for sure.. donot relist atleast from the account u got this letter.. otherwise u will lost that account .. 2ndly first make sure if that letter is genuine how can u do that? well there are alot of ways to do that.. u can trace from where it came from check email headers.. trace that ip address.. it might give a clue it might not.. check vero members about me page who verod u.. there might be similar email address there.. let say u r somewat convinced it is from genuine source then u might reply from going to library that u have stopped selling which they can obviously see.. i hope u dont have any feedbacks regarding that item if thats correct u can say u didnt had any sales yet.. and thats it fullstop

[Chris Hanson]

I haven't t delivered anything yet bet the items are going to be dropshipped..Customer does have my info from merchant account receipt email

[Chris Hanson]

Originally Posted by powerbid

yes definitly stop selling the item for sure.. donot relist atleast from the account u got this letter.. otherwise u will lost that account .. 2ndly first make sure if that letter is genuine how can u do that? well there are alot of ways to do that.. u can trace from where it came from check email headers.. trace that ip address.. it might give a clue it might not.. check vero members about me page who verod u.. there might be similar email address there.. let say u r somewat convinced it is from genuine source then u might reply from going to library that u have stopped selling which they can obviously see.. i hope u dont have any feedbacks regarding that item if thats correct u can say u didnt had any sales yet.. and thats it fullstop

How do I check headers in gmail??

And yeah the orders are already being processed and shipped out so I really cant stop that but I'm going to tell them that I stopped selling and will not do it again. I have 10 days to answer the email.

[powerbid]

ohhh lolz please make it period and not full stop

[powerbid]

Originally Posted by Chris Hanson

How do I check headers in gmail??
.

open the email in gmail.. besides reply on top u will see a drop down arrow.. click on and menu will drop down.. select show original.. make sure all pop up blockers are closed otherwise u will have to relogin to gmail to check it..

[Jack]

Hmmm. So Mr. Clean is having trouble. What goes around comes around. Have fun

[Chris Hanson]

How come I just bet my brother that you would reply to this with something smart to say.. He said no and I said yeah.. Looks like I just won $10 by him..

Thanks Jack

You just paid for my jack Daniels for today