Anyone ever deal with competitor filing f.a.ke takedowns?

unkown5454 · #1 10-03-2019

Have a competitor somehow getting away with filing f.a.ke V.eRO takedowns on one of my listings. Never dealt with this before and I don't know how they are able to get away with it.

I have reached out to EB, but if they don't help me, I don't know what else I can do short of filing a la.wsu.it. Unfortunately, I know this company is 10 times the size of me and that they would outlast me in co.urt.

Has anyone else ever been in this situation? I never knew it was possible until now.

james13v · #2 10-03-2019

what type of items, if you don't mind me asking? how do you know it's your competitors?

unkown5454 · #3 10-03-2019

these are private label products. nothing special. anyone can do it. and the takedowns tell you who is the one filing against you

Leader2dark · #4 10-03-2019

This is more and more common.

Also eBay themselves are removing more and more listings as I am currently seeing this on my own accounts.

It is brutal right now. I pray things to get better soon, or I will be ending my eBay career.

Pandoras_box · #5 10-03-2019

God forgive me but any average business filing false claims against me will find their eBay account in an "ARA General Belgrano" situation.

Under the sea...
Under the sea...
Darling it's better...
Down where it's wetter...
Take it from me...

unkown5454 · #6 10-03-2019

EB is refusing to step in. So they are just going to let it keep happening until my account is suspended. Speaking with la.wyers about it is daunting. Most say it will cost a fortune. I guess filing f.ake claims is totally legal now, even though by law, it is not.

Kajunrook · #7 10-04-2019

Well I got one, probably not ⊗⊗⊗⊗ but they claim that they have a copyright on their design per US policy that once they post a picture of their design that "according to US Law" is in fact de facto copyright. They took down two of my listings and the said part I ordered 100 of one of the items, unaware they had a de facto copyright.

**SaiJin** · #8 10-04-2019

At first I thought this is Amazon... since it's so common there.
Do youhappen to have a business certificate? This could help when you give it to eBay about these take downs, specially if you have your brand on your products.

james13v · #9 10-04-2019

what type of items, if you don't mind me asking? how do you know it's your competitors?

unkown5454 · #10 10-04-2019

Quote:

Originally Posted by Kajunrook

Well I got one, probably not ⊗⊗⊗⊗ but they claim that they have a copyright on their design per US policy that once they post a picture of their design that "according to US Law" is in fact de facto copyright. They took down two of my listings and the said part I ordered 100 of one of the items, unaware they had a de facto copyright.

EB specifically told me they no longer protect images starting in February 2019 and referenced it in their TOS. Only trad.emark is protected now. I've had tons of people steal my pictures and EB do absolutely nothing without official trad.emark.

Quote:

Originally Posted by SaiJin

At first I thought this is Amazon... since it's so common there.
Do youhappen to have a business certificate? This could help when you give it to eBay about these take downs, specially if you have your brand on your products.

The same company attacked me on AMZ with another false claim. I am still in the process of getting that one removed as well.

Of course I have a business cert, but that does nothing for trad.emarks. My brand is currently pending approval with USPTO. Regardless, EB said there is nothing they can do and that it is their "responsibility" to respond to takedowns even if they are not real. My mind was blown when they said that because that basically means I can join Ve.RO and take down every single seller on EB with false claims. I am trying to see if I can issue a C and D with EB and the company filing false claims and threaten both of them with la.ws.uits as EB has now blatantly stated they are complicit with ill.egal DMCA practices.

Quote:

Originally Posted by james13v

what type of items, if you don't mind me asking? how do you know it's your competitors?

Already answered you the first time. Not only is that information irrelevant, but you are an experienced member here and know d.amn well I am not going to tell you what I sell.

walkingupwards · #11 10-04-2019

Online marketplaces should find a mechanism to counter this nonsense, otherwise they're on a highway to losing thousands if not millions of accounts.

There are companies in China specializing in taking legit accounts down just by doing this!!!

unkown5454 · #12 10-04-2019

Quote:

Originally Posted by walkingupwards

There are companies in China specializing in taking legit accounts down just by doing this!!!

was attacked by one on AMZ. took 4 months to reinstate account and remove the f.ake feedback.....

nickopedia · #13 10-04-2019

It's actually remarkably easy to get listings removed, even if they are legit. I don't care who the seller is, or how "strong" the account. I know of two methods, in particular, one of which uses the VeRO process, and the other I am not at liberty to discuss here in the forum.

Here's a hint: It involves a good working knowledge of the DMCA law.

colfor · #14 10-05-2019

If you are in the US, you can file a COUNTERCLAIM. This will reinstate your listing,

https://www.aspkin.com/forums/subscr...html#post78755

jonyquest · #15 10-05-2019

Quote:

Originally Posted by nickopedia

It's actually remarkably easy to get listings removed, even if they are legit. I don't care who the seller is, or how "strong" the account. I know of two methods, in particular, one of which uses the VeRO process, and the other I am not at liberty to discuss here in the forum.

Here's a hint: It involves a good working knowledge of the DMCA law.

So..
Thats you!!

)))
Thanks for "overnight" listing removed

))

I love these mornings aka wake up, sing in, read it and ouuu yeeah.

Have a nice weekend.

unkown5454 · #16 10-05-2019

Quote:

Originally Posted by colfor

If you are in the US, you can file a COUNTERCLAIM. This will reinstate your listing,

https://www.aspkin.com/forums/subscr...html#post78755

I am already working on it with my l.awyer, but I appreciate the reference as I was never sent that form. I'm trying to come up with backup plan because I am afraid this company will lie about everything they possibly can.

Kajunrook · #17 10-05-2019

So I have a quick question, is there a way to "search" an image at the copyright website to see if they do have in fact a copyright on the item.

lucy · #18 10-06-2019

What steps can you take to stop this happening on Amazon? I thought private label and certificate of authenticity or something like this would help?

Quote:

Originally Posted by SaiJin

At first I thought this is Amazon... since it's so common there.
Do youhappen to have a business certificate? This could help when you give it to eBay about these take downs, specially if you have your brand on your products.

GreenBean · #19 10-06-2019

Quote:

Originally Posted by unkown5454

I am already working on it with my l.awyer, but I appreciate the reference as I was never sent that form. I'm trying to come up with backup plan because I am afraid this company will lie about everything they possibly can.

I have not come across this particular defense claim for many years.

Not sure it is still available.

nickopedia · #20 10-06-2019

If your takedown was truly unwarranted, definitely file a counterclaim.

If eBay proactively removes a listing of yours, or if another entity makes a claim against you, your counter-case is strongly bolstered when you can show that you are reselling goods you legitimately bought.

The Counter Notice requires you to certify under sworn penalty of perjury that your listings were not infringing and were removed by mistake or due to misidentification. You will also have to consent to federal jurisdiction and service of process.

So, this basically means you definitely SHOULD NOT file a counter notice willy nilly unless you are 100% confident your goods are legit!

Doing so would put you in a much more of a legal pickle if you lie about your items.

unkown5454 · #21 10-06-2019

Quote:

Originally Posted by nickopedia

If your takedown was truly unwarranted, definitely file a counterclaim.

If eBay proactively removes a listing of yours, or if another entity makes a claim against you, your counter-case is strongly bolstered when you can show that you are reselling goods you legitimately bought.

The Counter Notice requires you to certify under sworn penalty of perjury that your listings were not infringing and were removed by mistake or due to misidentification. You will also have to consent to federal jurisdiction and service of process.

So, this basically means you definitely SHOULD NOT file a counter notice willy nilly unless you are 100% confident your goods are legit!

Doing so would put you in a much more of a legal pickle if you lie about your items.

This thread has nothing to do with f.ake goods. We are talking about private label products. Like order generic items from China and putting your brand on it. Myself and this other company both sell the same private label product, but with our own brand names on them. They are simply trying to eliminate me as a competitor because I can destroy their higher price.

Again, EB is telling me I need to take it up with the other competitor outside of EB as they are refusing to step in and stop the f.ake tra.demark claims. I emailed both cop.yright and ve.ro teams and received the same response. That is why this situation is completely fxcked. They are being complicit with ill.egal D.M.C.A. practices.

If I continue to repost the same item, they will keep filing f.ake claims until I am permanently suspended. (Which I also brought up to the Ve.RO team and they completely ignored this.)

unkown5454 · #22 10-07-2019

No, you are now referencing a pate.nt in Apple's case. This has nothing to do with them owning such.

This is simply another competitor selling the same protect who registered their trad.emark name and with the EB Ve.RO program before me. That is all.

Everyone is trying to make this way more complicated or point the finger at this being a cou.nter.feit situation. Give it up. It is clear no one here has ever dealt with this, unfortunately.

I am not going to reveal every little detail. We all protect ourselves from people stealing our ideas on this forum and elsewhere. All that is happening here is a competitor selling the same exact product registered themselves a trad.emark, then registered with EB Ve.RO so they could try and stop competitors from creeping in. Then they file f.ake takedowns because they know EB will not step in to stop it. They're smarter than me, but what they are doing is still il.legal.

tinsoldier, I purchase products from wholesale manufacturers in many places, including USA, India, China and UK. These companies also sell to other resellers all over the world who I then compete against using my own brand and logos. That doesn't mean that I can can just go online and start filing f.ake trad.emark claims against every company/competitor purchasing from that same wholesaler.