Pro Tip before ending infringing listings.

[walkingupwards]

I noticed that some listings get reported by right owners even if they're ended. So I thought about it and here is the solution I came up with


Before you end the listing, revise it in a way that it couldn't be reported anymore. Do the following steps for example:

1 Change the title and remove any brand names from it (You could mix up the title as well that it does not make sense anymore).

2 Remove product-identifying pictures and limit the number of total pictures to one that also does not make any sense (The listing will be ended anyway!).

3 Scrap the item description altogether and keep some words that are danger-free.



This is really important to do. Some people got kicked off Ebay for reported listings that were ended already



P.S: I am not advocating the selling of Vero items at all, but thought this might save some *** in the future

[rsot]

Hmm not advocating but yet still saying about saving these listings?

[Gladiator]

If you are selling someone else’s IP you deserve whatever you get. As I pointed out in another thread, doesn’t matter what you do - you can still be reported. The listing shows revisions and it doesn’t matter. Plus, a lot of companies (and folks like myself) take screen caps so eh, you’re just showing more guilt.

[dallis]

people got kicked off Ebay for reported listings that were ended already

Weak logic. If people are getting kicked off for ended listings, why wouldn't they be kicked off for listings that have been changed? They were still VERO violations when listed, and changing a listing doesn't mean that EB can't see what it said before the revision.

Trying to game VERO like this will never work.

Play with fire, get burned. Easy answer.

[digirally]

Originally Posted by dallis

people got kicked off Ebay for reported listings that were ended already

Weak logic. why wouldn't they be kicked off for listings that have been changed?

Weak logic. Because they won't be searchable.

Think.

[Gladiator]

Originally Posted by digirally

Weak logic. Because they won't be searchable.

Think.

This isn’t how this works. Usually they are cached or hit prior to the revision. I hit removed listing all the time for DMCA violations, usually people who try to edit them or end them prior to getting the formal notice. eBay doesn’t care and they shouldn’t. Don’t sell other people’s IP without a license, problem solved.

[dallis]

Originally Posted by digirally: they won't be searchable.

Ended and changed listings are searchable all kinds of ways.

You've handled Word or Excel documents many times. Did you know every change you've ever made to the document is logged into the document itself, along with the time and the details of the change? Add a coma, delete an extra letter, it's in the log. With the proper software you can reveal the changes all the way back across time to when it was created.

They've used this log to convict people of serious crimes such as murder and terrorism.

Seriously, get a clue. Nothing you do online or on your computer is anonymous or untrackable.

[SaiJin]

Here's an insight for you... I own some IP and trademarks at federal level, I have gone after people even after they changed the listing from my products to something as insignificant as a pencil before it ended.

Fact is we are nailing people the moment the auction started and there's a log when someone puts the keyword in.

[Hercules]

There are ways to list things that never get shown easily but do get hits anyway.

[Yasav]

Let's assume a hypothetical scenario.

Gladiator owns and producers a certain type of phone cases with red stripe. Then I come in, and purchase 100 of those cases from HIM (or his licensed distributor). Then I go and independently repaint the case with the darker red stripe. Then I put them on ebay (as "refurbished"), and say in my description that

"This is a GENUINE Gladiator's Case that has been INDEPENDENTLY re-painted by "me Inc." "Me Inc" is not affiliated nor endorsed by GLADIATOR. All trademarks mentioned belong to their respective owners."

Is this type of scenario a VERO violation?

[Gladiator]

Originally Posted by Yasav

Let's assume a hypothetical scenario.

Gladiator owns and producers a certain type of phone cases with red stripe. Then I come in, and purchase 100 of those cases from HIM (or his licensed distributor). Then I go and independently repaint the case with the darker red stripe. Then I put them on ebay (as "refurbished"), and say in my description that

"This is a GENUINE Gladiator's Case that has been INDEPENDENTLY re-painted by "me Inc." "Me Inc" is not affiliated nor endorsed by GLADIATOR. All trademarks mentioned belong to their respective owners."

Is this type of scenario a VERO violation?

You can buy items and repaint them or modify them without issue most of the time. I can buy Converse shoes, add a design and resale without violating Converse IP rights.

But, there is a grey area. Let's say you bought a pair of shoes of Converse and painted something like ...a swastika. Now you're in VERO land since it's disparaging and unauthorized works that wouldn't be authorized by the vendor, but you have the first sale doctrine to deal with. Usually in matters like this the vendor will win anyway. Extreme example, but you get my point.

[Yasav]

Originally Posted by Gladiator

You can buy items and repaint them or modify them without issue most of the time. I can buy Converse shoes, add a design and resale without violating Converse IP rights.

But, there is a grey area. Let's say you bought a pair of shoes of Converse and painted something like ...a swastika. Now you're in VERO land since it's disparaging and unauthorized works that wouldn't be authorized by the vendor, but you have the first sale doctrine to deal with. Usually in matters like this the vendor will win anyway. Extreme example, but you get my point.

Makes sense

[Gladiator]

Originally Posted by Yasav

Makes sense

As long as it isn't marked "not for resale" or has a personal use disclaimer on it, it's usually fine. I do know one person, went by Tabberone, fought Disney and others over making items out of licensed fabric and they tried to claim DMCA's against it. She won/got settlements, but it wasn't pretty and case law is mixed about disclaimer-items. There is a Supreme Court decision about the first sale doctrine which you can read about here:

https://www.whitecase.com/publicatio...-sale-doctrine

But the issue is making an item out of a licensed product and selling it is far from clear cut. Fabric has been a huge issue. But you look at people who buy flowers, wreath making supplies for "personal" use and make items for resale...there'd be a lot of people getting sued if they didn't have stated rights of resale.

The only companies I know who have been difficult are Disney & the NFL with fabric of all things. But if I go buy a bunch of Disney or NFL themed items and make a door wreath I'm fine. It's a hot mess in that regard, but general "modifications" aren't usually a problem.

[dallis]

There are ways to list things that never get shown easily but do get hits anyway.

Seriously, this makes less than no sense.

What's the point of listing something that 'never gets shown' and how the he** would it get hits if it's 'never shown'?

You know in that case those 'hits' are indexing bots, right? EB counts its' own bots and those of aggregator sites as hits to up the number of people you think are looking.

There have been lots of articles about how EB inflates the 'hit' count.

[SaiJin]

But the fact is if I own the rights to my product and you list something I don't like, I can just contact eBay / amazon and have them pull it.

It really is up to the discretion of the IP owner.

I guess the best scene scenario is hopefully you are a needle in the haystack so you won't get nailed most of the time.

My opinion is that it's better to sell items that won't have issues so that you can have a more consistent sale and peace of mind

[Hercules]

Originally Posted by SaiJin

But the fact is if I own the rights to my product and you list something I don't like, I can just contact eBay / amazon and have them pull it.

It really is up to the discretion of the IP owner.

I guess the best scene scenario is hopefully you are a needle in the haystack so you won't get nailed most of the time.

My opinion is that it's better to sell items that won't have issues so that you can have a more consistent sale and peace of mind

That's the best way as you say. You work a little harder at lower margin but there is less stress or looking over your shoulder all the time so to speak.