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

[CPUGEEK]

Can anyone tell me what ebay means by removing a listing because of "trademark infringement issues". They told me my listing wasn't vereod nut it was removed because trademark so and so?

All i was doing was selling my old pair of nike jordans?

Ebay Email---

When we receive a properly documented request from a VeRO participant
asking us to remove an infringing item, we are required to end the
listing.

We don't have any information about how your item infringed the rights
owner's intellectual property or how you can avoid having your listing
ended again.

The rights owner isn't required to explain how the item infringes on
their intellectual property. In addition, a listing look that looks fine
to us may actually violate someone's intellectual property.

We urge you to contact Nike and direct your questions and concerns
regarding the removal of your listing to the rights owner. You can
contact the rights owner at:

brand.guard@nike.com

For more information on the eBay VeRO Program, visit:

eBay: Redirect

"""""""Please note, it appears that this listing was removed due to trademark
infringement issues. If this is the case, filing a Counter-Notice is not
an option.""""""""

[aspkin]

If you're using their trademark name, "Nike", then the VeRO user can request for your listing to be removed. Just don't list the work "nike" in the title in your auctions and you'll have fewer problems in the future. You may also need to limit it's use in your description area, but it's mostly the title they can search for it.

[ihatebay]

If it's authentic Nike then you can take more detailed pictures, send it back to the Vero owner and have it approved. If not then don't list it anymore b/c you will get suspended.

[CPUGEEK]

Originally Posted by ihatebay

If it's authentic Nike then you can take more detailed pictures, send it back to the Vero owner and have it approved. If not then don't list it anymore b/c you will get suspended.

this is the 4th time they did this to me

[CPUGEEK]

Originally Posted by aspkin

If you're using their trademark name, "Nike", then the VeRO user can request for your listing to be removed. Just don't list the work "nike" in the title in your auctions and you'll have fewer problems in the future. You may also need to limit it's use in your description area, but it's mostly the title they can search for it.

Oh, and I didn't use Nike no where in the listing. Not even in the title. So I still don't understand?

[Jonas]

I always hear how everyone gets listings removed and suspended by VERO... by bogus VERO complaints either from competitors, past buyers, or possibly even by say the manufacturers of the products who don't like their items having reduced street value by being sold for cheap on ebay.

So what kinds of items are the ones laregely getting people busted by the bogus VERO complaints?

I downloaded the VERO form and looked at it and it wants all this info. Not just an email address like people have said..........

-------------------------------------------

Notice of Claimed Infringement
Date: __________________________
eBay Inc.
Attn: eBay VeRO Program
2145 Hamilton Ave.
San Jose, CA 95125
Fax Number: (408) 516-8811
Dear eBay:
I, the undersigned, state UNDER PENALTY OF PERJURY that
• I am the owner, or an agent authorized to act on behalf of the owner, of certain intellectual
property rights (“IP Owner”);
• I have a good faith belief that the listings identified (by item number) in the addendum attached
hereto, offer items or contain materials that are not authorized by the IP Owner, its agent, or the
law, and therefore infringe the IP Owner’s rights; and
• The information in this notice is accurate.
Please act expeditiously to remove the listings identified in the addendum.
I May Be Contacted At (*required)
Name of IP Owner:* __________________________________________________ __________
Name and Title:* __________________________________________________ _____________
Company: __________________________________________________ ___________________
Address:* __________________________________________________ ___________________
City, State, and Zip:*_____________________________________________ _______________
email address (for correspondence with eBay): _______________________________________
email address (to be given to eBay sellers):* _________________________________________
Telephone:* __________________________________________________ _________________
Fax: __________________________________________________ _______________________
In addition to the undersigned, the following persons have the proper authority to sign future Notices of
Claimed Infringement on behalf of the IP Owner:
Name: ____________________________________ Email: ________________________________
Name: ____________________________________ Email: ________________________________
Name: ____________________________________ Email: ________________________________
Truthfully,
________________________________________
Signature
Addendum to Notice of Claimed Infringement
List of Allegedly Infringing Listings, Items, or Materials
A Note on Reason Codes: When identifying item numbers please use the reasons below. When
removing items from the site, eBay will inform sellers of the specific reason for the removal of
their items. We believe providing sellers with this information benefits all parties.
Select the most appropriate reason. Please associate each item you report with only one reason
code.
Reason Codes
(Note that the numbers may not be sequential everywhere. This is not a mistake, but simply
reflects that some reason codes are not legally applicable in all countries.)
Trademark – Item infringement
1.1. Trademark owner doesn’t make this type of product
1.2. Item(s) is an unlawful replica of a product made by the trademark owner
1.3. Item(s) is an unlawful importation of product bearing trademark
Trademark – listing content infringement
2.1. Listing(s) contains unlawful comparison to trademark owner’s brand name
2.2. Listing(s) contains unlawful use of trademark owner’s logo
Copyright – item infringement
3.1. Software offered for sale in violation of a license
3.2. Item(s) is a bootleg recording of live performance
3.3. Item(s) is an unlawful copy of media (software, games, movies, etc.)
3.4. Item(s) is unlawful duplication of printed material
3.5. Item(s) is an unlawful copy of other copyrighted work (paintings, sculptures, etc.)
Copyright – listing content infringement
4.1. Listing(s) uses unauthorized copy of copyrighted text
4.2. Listing(s) uses unauthorized copy of copyrighted image
4.3. Listing(s) uses unauthorized copy of copyrighted image and text
Other infringement
5.1. Item(s) infringes a valid patent (requires patent registration number)
5.3. Item(s) violates a celebrity’s right of publicity
5.4. Listing(s) content violates a celebrity’s right of publicity
Reason Code __________________________________________________ ___________________
Work(s) infringed:________________________________________ _________________________
Item Number(s): __________________________________________________ _________________
__________________________________________________ ________________________________
Reason Code __________________________________________________ ___________________
Work(s) infringed:________________________________________ _________________________
Item Number(s): __________________________________________________ _________________
__________________________________________________ ________________________________

[CPUGEEK]

I find this very strange. I listed 15 items and 5 of the items is high suspectable to be verod.. Well only 3 out of the 5 items got verod at once..

Now why did I only get 3 out of the 5 items veroed? Why didn't they just do all 5??? All 5 was listed at the same time and I used the same picture for all 5 items.. Also I started the 5 auctions at the same time...That got me confused like what is really going on.. Now if someone was to vero me they would had saw the other 2 items I was selling as well and mark that as to be verod, but they didnt?

[CPUGEEK]

anyone with a answer.. Modee you didnt answer but I noticed you moved this topic..

[ifreewillie]

cpugeek... do this. Take good detail photos that show your item is authentic, and it's good to have more than 3 or 4 of them. Then put watermark on them showing it's your photo. Or you can put a sign of your ebay id while you take those pictures.

[aspkin]

CPUGEEK, eBay's auction system is hit and miss. They won't get you for everything all the time, but what they do get you for will hurt.

[CPUGEEK]

What am I doing wrong? I keep getting this message on various auctions, I have. I wonder if it is something I'am doing ? What is the difference between this and a vero?

eBay Listing Removed: Trademark Violation - Unauthorized Item
-----------------------------------------------------------------
Dear xxxxx,

You recently listed the following listing:
xxxxxxx
xxxxxxx
xxxxxxx
xxxxxxx
xxxxxxx

The listing was removed because it violated eBay policy. All fees related to
this listing have been credited to your account. We also notified members who placed bids on the item that the listing has
been canceled.

Trademark infringement is unlawful and violates eBay's policies. A trademark is
a unique sign (such as a name, word, phrase, logo, or symbol) that a company
uses to identify its products and/or services.

Using another company's trademark in a way that may confuse buyers about the
source of goods or services, or confuses buyers into believing that the seller
is affiliated with, sponsored by or endorsed by the trademark owner is both
illegal and against eBay's policies. Examples include counterfeits, unauthorized
replica items and items that bear the brand or logo of a company without that
company's permission.

Guideline: If the product you are listing bears the brand or logo of a company,
but it wasn't made or authorized by that company, don't sell it on eBay.

Review of this listing indicates that the item infringes a trademark. It is
both against the law and against eBay policy to infringe trademark laws. Due to security around eBay's review processes, the indicating factors cannot be
disclosed.

For more information visit the following Help page:


Seems like that was a competitor turning me in..??? Any suggestions to what is up???

[aspkin]

The items you're trying to sell, the trademark owner is complaining to eBay that your items are not allowed and should be removed. For fear of being sued, eBay has to remove those items. If you continue to list VeRO items, you'll lose your account as well. They only thing you can do is try to hide the items. Don't list any major keywords in your auction titles. But this usually only slows them down. If you're able list 3 day auctions instead of 5 or more. That's about all you can do. The best thing to do is not to list these types of items, you'll never win. Too many of the wrong people are looking for your items to be removed.

[CPUGEEK]

Originally Posted by aspkin

The items you're trying to sell, the trademark owner is complaining to eBay that your items are not allowed and should be removed. For fear of being sued, eBay has to remove those items. If you continue to list VeRO items, you'll lose your account as well. They only thing you can do is try to hide the items. Don't list any major keywords in your auction titles. But this usually only slows them down. If you're able list 3 day auctions instead of 5 or more. That's about all you can do. The best thing to do is not to list these types of items, you'll never win. Too many of the wrong people are looking for your items to be removed.

I dont get why I had about 6 other items /auctions up and running of the same item and they didn't say nothing about the other 6 and they are the same excat item and auction style listing. But me being me I relisted the item and Included a message similiar to this.....I just copied and pasted this one from another auction for comparision purposes only....

"""ATTN: eBay VeRO, xxxxx Corporation and our Valued Customers:
The item listed is brand new in the box; however, we are in no way affiliated with xxxxx Corporation. The use of "xxxxx" and their model numbers in our listings is for product identification and recognition purposes only. xxxxxx provides no warranty or guarantee with this item; however,xxxxx does offer a nearly identical, parallel warranty. The product is solely and 100% backed by xxxxxx, Inc. and not xxxxx. No xxxxxx product can be returned to xxxxx Corporation. All xxxxx merchandise must be returned to xxxxxx for warranty purposes."""""""

As always, we at xxxxx are here for you. If you need any help installing your product after your purchase, or if you have any questions prior to purchase, please call us xxxxxxx, Monday - Friday 9AM - 5PM Pacific.

[aspkin]

That may or may not work, though for the most part I've seen it fail. EBay doesn't care what auctions they're taking down, they don't even look at the auctions 99% of the time. All they do is take the word of the trademark owner and shut auctions down. If you have enough complaints eBay will suspended your account as well. It's risky man. :/

[the fabricator]

Hello guys, I'm a first time short time... I was so happy to find this forum, I thought I was the only one going through this crap with Ebay.
I'm posting on this discussion because it's happened to me countless times in the past couple of years. It's my full-time business, I haven't even had time to get a website up yet, so when I'm not on ebay it's like being un-employed! Very bad feeling.
Yes as aspkin explained, the best thing to do is not use too many main words in the title to advertise, too many wrong people are seeing your items this way. What you should do is pick a few "safe" items to list under that title, then list your other items in more generic titles, that way when people click on the "safe" items they can just go to see seller's other items and you will still get the traffic of people who really are interested in your product. That's what I do, and you can even switch it on and off; one day have it one title, then switch it the next; this will allow you to at least get some people interested and possibly some watchers or even bids.

[CPUGEEK]

Most ebay sellers don't get it when it comes to VERO.. Vero is bull**** and a way to controll sellers. It is all politics... Sellers turn other sellers in and etc.. Many of the sellers on ebay is on the discussion board confused as why they are getting veroed and they head ceo person of the vero de[artment left them in the dry..lol

I hope they will wake up. it is bull****..politics..

The number one question that was on there was why am I getting veroed and other people or not who have 10X as many items as I do...."DUHH" wake tha **** up.. Ebay cater to them sellers becuase they make ebay tons of money..

Check it out here for a good laugh
eBay Forums: Concerned about VeRO? Read this to ...

[ihatebay]

Yea I HATE Vero, the people who represent Vero just take item down because they don't want buyers knowing the TRUE market value of their items.

I had one item taken down for vero recently and there is no response when I asked if AFTER I provided the RECEIPT from the retail store (it was something I personally bought) they can let me relist it. I was ignored.

[jamesy]

for a while I was selling a certain clothing brand from the US which costs 3 times more here in the UK. I would get a flight over, fill a couple of suitcases up, come back to the UK and sell it on.

then after a while this brand's UK office had me vero-ed off and sent me a cease and desist letter stating that I was 'illegally distributing the brand in the UK market without authority'

but I agree, vero is a way to control people who are happy to sell at reduced margins, or go the extra yard to get a deal

[bollock2ebay]

Last time I was vero'd my listings were removed until I was suspended and the VERO member left it at that. However, recently a VERO member not only had my listings removed but threatened legal action to decease from selling and they do look like a mad dog with a bone that wont let go. It doesnt seem likely they would terrorise every small trader that upset them but does anyone have anyexperience? Even with changing some of the ID they could eventually track me down if they were determined. My plan is to offload some items a month before Christmas on an unlinked account and then stop just before I get the removal notices and the hassle from the VERO member. I bought the items innocently and the first removal came exactly 4 weeks into my selling them

[madbrad]

If you plan on selling that item agian, you'll need to set up a couple accounts and only list a couple items per account. What sets off flags for ebay is when you list a lot of the same item. Then they think your selling ⊗⊗⊗⊗ or illegal coppies since you have so many of them. If you are knowingly selling ⊗⊗⊗⊗ stuff then you can really get your self in trouble and i would just take the loss and not sell it and risk and further actions agianst you. They problably wont do anythign any way, half of the stuff that is desinger made is ⊗⊗⊗⊗ any way.

[aspkin]

Empty threats. They can't do anything other then get you suspended off eBay. Unless you're a hardcore seller with thousands of listings a day, don't worry about it.

[bollock2ebay]

That makes sense. I'm looking to move 400 items in 4 weeks when Ebay is busy during the Christmas rush. The issue is not ⊗⊗⊗⊗ branding but design patent rights. The strong impression I get is Ebay dont actively look for ⊗⊗⊗⊗ because of the time lag before anything happens. The process is initiated by the VERO member because Ebay remove listings saying that. It looks like there is a waiting list the offender is put on before action is taken either an ebay waiting list or a VERO members waiting list. The patent owner concerned is very aggresive and took legal action against a much larger major brand competitor that had to cancel its importation of a similar product. They scared them so much that I can understand why Ebay would be forced to act. If youve never been suspended you get a window of opportunity a short period to break the rules as they give you the tutorial and explain the rules before punishing you. But they take a look at you and if they spot any linkage with suspended accounts you dont get a second chance. My feeling is that whilst linkage through pictures and titles may be a technical process, it may have more to do with the VERO member or a competitor recognising a repeat offender and insisting Ebay acts. It may not be as technically complicated as some think. Theres no advantage to Ebay suspending people other than avoiding having its ass sued by a VERO member

[ebayphobia]

I can tell that 99% of those selling cloth, shoes, handbag are selling ⊗⊗⊗⊗ items :-), they are selling at less than 75% off the retailed price and Ebay is not stupid. They know it and they just ignore it till somebody complain (mostly competitors who want to increase their sale by blocking you from selling). Those sellers pay lots of money to Ebay each month, if they block all of them, who is going to pay them ??? If you search for :Prada, Lacoste, Ralph Laurent, Burberry, Nikes .....they are 99.99% ⊗⊗⊗⊗.But who care, if you want to buy real authentic ones, go buy at the store and pay full retailed price...you get what you pay for ...lol

[plight]

Very true, there all from China.

[bollock2ebay]

What is a ⊗⊗⊗⊗? Usually what the manufacturer says is a ⊗⊗⊗⊗!! The so called ⊗⊗⊗⊗ often comes from the same sweatshop as the top sports brands. They pay only $6 to the sweatshop for a top sneakers then moan when the same sweatshop sells it outside the authorised chain. The Chinese probably think this is fair- what goes around comes around!! They create a monopoly in the west, stamp on the little guy, then sell the sneekers to the stores for $50 who then sell them to the image concious suckers for $75. By trade agrements branded merchandise sold in Asia cannot be resold in the west. Oh and I forgot about the 12 year old Chinese factory worker paid 50 cents a day. And Ebayers are branded criminals and terrorists!! There is so much propoganda and misinformation to fool the people. When Joe public sees through this legally protected scam, the major brands will lose goodwill customers and the premium price. But coming back to Ebay I think they dont want to pull items until they are forced to act

[bollock2ebay]

I need advice if you have experience as guesswork is no good.
The VERO Member's attorney has sent a questionaire for me to sign and unfortunately they have my ID.
1.They want me to say how much I sold so that we can agree their loss without going to court.
2.Where I bought the items
3. Agreement not to sell more.
4. Send them unsold stocks for destruction

Do you know anyone this has happened to? I dont want to do any of these things because it puts me at their mercy- I would be making their case for them before they went to court.

I think that if I say I'm small and not worth pursuing and deny their claim they wont pursue it to court because they would have to prove it. They say they want an amicable settlement but I think its trap.

Do you know anyone this has happened to and what the outcome was? I would appreciate it

[ebayphobia]

This is just trading politics. I had a story : 5 years ago Armarni built a factory and manufactured shirts in Vietnam, after 2 or 3 years, they saw their products were for sale on street market for less than $1 / shirt. Believe me, they were real authentic shirts, not ⊗⊗⊗⊗ (my cousin even sent me some). What happened is that the factory had an order of 1 million pieces, and they made a few thousand extra without Armani's notice and then sold out to the street markets to make some extra cash. If you do not know, Armani and Nike and lots of brand name companies pay $50/ month to workers who work 10 hours a day, 6 days a week and they bring their products here and sell for hundred of dollars a pair.If you buy from the market and sell on Ebay at less than the price they are selling in stores, they VERO you ...lol . Armani finally closed the factory in Vietnam. Laid off more than 1000 people.

[Jonas]

I need to know how to protect myself from it.

[koalawash]

I don't know anyone this has happened to before, but I'm surprised the stupid guy already got his lawyer involved to begin with. You'd think he's already wasted money right there? And yeah normally these silly little eBay disputes are not near worth the time and resources that you would spend going to court over them. Unless this was some kind of REALLY expensive item, this VERO guy is an idiot for even taking it this far.

[plight]

Wow, I've really never heard of a case going this far. Is your account still active, or suspended. If its suspended and you didn't have your real name and info on it don't worry about it.

[ebayphobia]

I Got A Phone Call From Somebody Claming From Ebay Yesterday. I Was Not Home And This Person Told My Brother He Is From Vero And Would Contact Me Via Email. My Account Was Suspended 1 Week Ago And Unfortunately I Have My Phone & Address On File With This Account. I Contacted Ebay And Vero Regarding This Phone Call And They Emailed And Let Me Know Nobody Ever Called Me From Ebay And Vero. This Would Have Been A Scam Who Wants To Get Your Money By Intimidating You. You Should Contact Ebay And Let Them Investigate.

[ebayphobia]

Why You Want To Vero A Competitor?? This Is A Bad Idea And Is The Reason We Are Here ...i Do Not Think Anybody Is Willing To Show You.

[koalawash]

Originally Posted by ebayphobia

You Should Contact Ebay And Let Them Investigate.

Like they would do anything..

[ebayphobia]

Originally Posted by koalawash

Like they would do anything..

I don't think they give a damm. The worst thing they can do is suspending you ... They are not going after you if you did not make HUGE profit from selling "unauthentic" items on Ebay and did something that badly hurt people or NATIONAL SECURITY

[Jonas]

No, I want to understand exactly how they do it so I can build a defense. Nobody will explain anything and makes it sound like voodoo.

[plight]

Lol, it is voodoo

[plight]

Hey, keep us posted I'd really like to know how this turns out.
And I was just wondering, if it's not ebay or VERO how did they get your phone number?

[aspkin]

I've had a person call me after finding my personal number from Paypal. They said Paypal customer service gave them the number. What kind of BS is that!? I've since changed my Paypal number and haven't had any problems with people calling me.

[bollock2ebay]

Listen up folks I finally figured it out! They threaten legal action hoping I will admit the crime and agree to their compensation figure without going to court(which they dont want either). All I have to do is deny breach of copyright then before they can gouge me for money they have to risk their own money on a court case against some one who might have no money to squeeze. So either I say nothing and keep them guessing or I say I didnt sell the items but listed them for someone and acted as a facilitator like Ebay or any auctioneer and was acting in good faith. I dont even need to give a name or produce the person immediately. They cannot risk going to court because I could turn up with a paid stooge with nothing to lose. Or I could bring the wife of a cheating husband to verify that it was her dirty rat of a husband that was really selling the items on my site. Sound good?

[bollock2ebay]

Also, I think they want to scare me into telling them who the importers are. They want their names, who I supplied, my sales and revenue to assess their loss and send the remaining items to them for destruction. So there is a sound strategy to their actions. You know I wouldnt rat on anyone cos unlike them I have principles. They may be different from the norm but I believe in them. I know an importer who I dont deal with who sells them but y should I finger him to stop the heat? He hasnt done me no harm.