mc999 listing policy violation alert: Trademark violation

[shannon]

I received a mc999 from ebay yesterday morning, for 2 listings, which have been removed. The email goes on to say that any future listings I make, I will need to follow the VeRo program and that additional violations of this policy could result in the suspension of my account.

I realize that the title and description was a trademark violation and I have emailed the rights owner to apologize for this and I have asked them if it would be ok to re list my item subject to me not violating there trademark again by using there name in my title and description and I am awaiting a reply.

I am quite new to selling on ebay. I am a private seller, not a business and only sell for a bit of extra cash, unlike my competitors who sell as a business in high quantities. There are many listings which are very similar to mine in the thousands which have not been targeted. I understand the seriousness of what I have done, but I don't understand why I have been targerted when there are thousands of ebayers selling similar items to mine in a similar way by using a trademark name and making exact replicas. My two listings were not even exact replicas! In fact one of my listings was nothing anything remotely similar to the rights owner, but one of my items was, however I did use the rights owner's name in my title, which I realize now was wrong but saw so many other ebayers doing it so I didn't think I was doing anything wrong.

If I re list other items similar or re list the same items which have been removed, but this time not use the rights owner's trademark name, will that be acceptable?

I am scared of receiving another mc999 and if so will my ebay account be suspended next time? If so will it be suspended permantly or temporary?

please help!!!!!!! I am in desperate need of some advise!!!!!!

[jeffweico]

If you get permission from the Trademark owner, you can do anything you want.

From your post, I am not completely clear on the exact problem. Is the VERO member upset because you used their name in the title of your listing, like if you were selling an accessory for an iPhone? Or are they upset because they think your item is a counterfeit?

As to why your listing was flagged and others are not, that is just the luck of the draw. It happens all the time. Sellers always complain that their listing was removed, but there are a hundred others just like it. At the end of the days, it makes no difference - you simply have to deal with it. It is not fair, to be sure, but it is reality.

[shannon]

I was selling 2 items of clothing, 2 dress's. One of the dress I was selling on ebay I noticed was similar to a dress from the rights owner's website so I decided to copy the title of the rights owner and I used there trademark name, but I used the words "inspired by". My dress was very similar but not the same, but I thought it would generate more interest if I mentioned that my dress was very similar. I wasn't trying to pass it off as the real thing.

The other dress was nothing like anything on the rights owners website, but I did use there trademark name in the title. I saw that lots of other ebayers were doing this so I thought it was acceptable.

I realize now it was wrong, but as I was only selling on a very small scale and just did it to generate interest in my product otherwise it just gets lost in the thousands of items of clothing for sale.

I have emailed the rights owner to apologize and request that I may be able to re list my items if I don't use there trademark name again. I received a reply today in the early hours at 2.40am asking me if I could email them back with my ebay username as I never gave it to them.

Im scared what will happen to me. Could they press charges against me? I feel like my whole world has fallen apart!

[vwrestmania]

I recently had a listing removed in error for trademark violation. I contact the VERO and there lawyer contacted ebay and had the violation removed and the listing reinstated.

Only way around this is to contact the verified rights owners and have them contact ebay

[a.v.limited]

in title cannot write things like looks like or similar to and a brand name

keep this in the description only

[xxbossman111]

best way to avoid is dont sell VERO items

[bootedbyebay]

I was suspended indefinately for a trademark violation. Sold some reprinted Michael Jordan rookie cards. The ironic thing was that I actually originally purchased the cards from another seller on Ebay. So I was suspended for selling something on their site that I purchased on their site.. Almost 3 years ago now that happened. I tried to call them about it a few months ago, but they wouldn't even talk to me. They even linked my wife, two friends, and my bosses business account to my account, and indefinately suspended all of their accounts too. Even ended up losing my job over it..
Moral of the story: don't sell Vero items.