HELP!! Ebay VERO problem and questions!

[mrnocap]

Your listing has been removed: Trademark Violation - Unauthorized Item


Hello topline*****
After reviewing your eBay account, we've taken the following action:
- Listings have been removed. A list of items that were removed can be viewed at the bottom of this message.
- We have credited all associated fees except for the final value fee for your listing(s).
Your listing or product was removed after the rights owner reported it as counterfeit. We urge you to contact the rights owner directly for more information about why they requested the removal of your listing or product and whether you can sell the item.

For more information on our VeRO program, please visit:
http://pages.ebay.com/vero/infoforusers.html

If you have more questions, contact our policy experts:
http://ocsnext.ebay.com/ocs/cusr?query=1337&=PTB1211



Please be sure your current and future listings follow these guidelines, keeping in mind that additional violations could result in the suspension of your account.

The rights owner or an agent authorized to act on behalf of the rights owner, Apple, Inc., notified eBay that this listing violates intellectual property rights. When eBay receives a report of this type of violation, we remove the listing to comply with the law.


Trademark--Item Infringement Item(s) is a counterfeit product which infringes a trademark. Provide trademark information in additional information box below.


We encourage you to contact Apple, Inc. directly if you have any questions.

You can send an email to:
********************

For more information on how eBay protects Intellectual Property, or for additional information if you believe that your listing has been removed as a result of an error or misidentification, please visit the following Help page:
http://pages.ebay.com/help/policies/...s-vero-ov.html

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So that was most of what the email stated. I started selling this product on ebay September 7th, 2018, then I received this VERO response and listing removal exactly 7 days after selling consistently, which was on September 12, 2018. Being shocked because I was selling real / authentic products, I decided to do some research. I went through all of the sellers on the first page of the items and keywords that I was selling under. I went through their feedback and saw that each and everyone had at least one comment in their feedback stating that they were unauthentic/⊗⊗⊗⊗/ not real etc. Most of the time they had several. I literally did not, and still don't, have a single negative feedback on my account.

I have seen another form that is similar to this case, but this does not make sense. Here are some of the questions I have.

1. What are the ways to get past VERO? Tips, tricks, any bit of useful information, etc.... (I was listing under the brands listing, using their product reviews and all - some sellers are under this list, and some arent but still claim their brand - BUT ALL HAVE NEGATIVE FEEDBACK)

2. Why would I be the only one that was removed? (During the time I started, specifically, there was another seller that had 28 feedback on their account, so relatively new. Their listing was brand new as well. Within the first 4 days he got negative seller feedback saying they were ⊗⊗⊗⊗ and unauthentic, yet he is still up and active. Not only that, but the product I am selling is generally 14 dollars ( i listed at 12.99), and he is keeping his at 8.99 - Just confusing as to why my listing was verod, but his wasn't when he is the one actually receiving unauthentic feedback, as well as extremely low - I know a lot of other forums say that it could be a competitor, but if it was a competitor, I would also think this person would have been reported as well? Idk just thinking.

3. Obviously, in order to obtain more information on this, I decided to get in contact with Ebay by calling them. When I was talking to them, the representative told me that I need to respond to the email of the "rights owner" and ask for authorization to sell by providing invoices and such. Does this sound true? If so, I will gladly do it, but I am just trying to obtain as much information as possible. Has anyone heard of this working?

4. Last question for now: If a listing is Verod, does that mean that the main company reported the listing? or could it be a competitor? is there a way to find out?

Somehow several sellers, new and old, are continuing to successfully sell this item on ebay doing exactly what I was doing, even when many people are claiming and leaving feedback that theirs are ⊗⊗⊗⊗. I had nothing but positive feedback. Please shed any bit of light on this matter as I am trying to figure out my next step.

[computerfx]

VeRO takedowns have to come from the manufacturer. BUT... sellers can report and item as potentially ⊗⊗⊗⊗ and I suspect ebay then alerts the manufacturer. Depending on the company you may or may not even get a response when you contact them. For now DO NOT relist the items or you WILL get perm banned on that account

[walkingupwards]

Were you selling on eBay.com? Are you based in the US?

[SaiJin]

You should get an email with the Vero notice and the owner's email as well.

Regardless an owner or competitor, if you relist the same item your account will either get a 30 day suspension or a total nuke.

So before you do so, contact the right's owner first, get it sorted out or don't sell the item anymore

[phaz0rz]

Originally Posted by computerfx

VeRO takedowns have to come from the manufacturer. BUT... sellers can report and item as potentially ⊗⊗⊗⊗ and I suspect ebay then alerts the manufacturer. Depending on the company you may or may not even get a response when you contact them. For now DO NOT relist the items or you WILL get perm banned on that account

Most VERO takedowns are initiated by a 3rd party intellectual property enforcement company (Mark Monitor, AppDetex, etc) not the manufacturer.

OP removed the contact email but I'm willing to bet $ it wasn't an "@apple.com" email. Most likely Appdetex since this was Apple.

Sellers reporting a listing does next to nothing in most cases. There are too many competitors reporting competitors for them to be mindful of those reports. They only really respond to registered VeRO agents.

[13obby]

Are your vero products in original manufacturer retail packaging as I find that when their in retail packaging they are less likely to be taken down if their not in retail packaging and the pictures you have on the listing are the manufacturer pictures then your more likely to get vero takedowns. From personal experience do not re-list vero on that account open another account because that account is marked and will be watched closely and if you continue to list vero eventually your going to be taken out. All the best.

[phaz0rz]

For the OP's particular category, items listed (and photographed) in their original retail packaging are actually more likely to be removed by one of Apple's VeRO agents. The design of the retail package itself is copyrighted along with the logo and several of the terms displayed on it.

If you're using Apple's stock photos it doesn't matter if the item is real or phake, because you're using copyrighted stock photos and they will take your listing down for that.

If you're using your own photos of Apple retail packaging your listings are more likely to be removed than if you're using just a photo of the item without retail packaging.

If you use any of Apple's copyrighted terms in your listing title or description without permission, your listings will be taken down. And they have a ton of copyrighted terms. (Airpods, Lightning, Earpods, iPod, iPhone, Macbook, Magsafe, etc.. (there are dozens more))

If you're selling an Apple item below Apple's MAP your listing will be removed (when they get around to it)

Basically it doesn't matter if you're selling genuine or counterfeits in this category. You aren't going to be successful long-term unless you're authorized by Apple to sell their stuff. They are very tight with their market control measures.

[newjerseymax]

We have spoken to several suppliers and if sellers do not follow MAP rules they will almost always file a trademark/copyright infringement claim.

[SaiJin]

I can confirm the above statement. My company has a MAP rule and we tag people who don't follow it wherever they are.

[phaz0rz]

As far as I'm concerned MAP rules go against the free market system and capitalism in general - but I guess that's just the way it is.

[SaiJin]

I can see that from your angle. The other side to it is to protect our business too specially when you have a great product.

All in balance and moderation.

[walkingupwards]

Originally Posted by SaiJin

I can confirm the above statement. My company has a MAP rule and we tag people who don't follow it wherever they are.

MAP rule associated with Apple products?

[karimlecavalier]

What is MAP rule please?

[SaiJin]

MAP = Minimum advertised price.

You break that contract, say goodbye to whatever account you have with the company.