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Old 03-02-2012
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Default MC019 Trademark Breach question.

Hi i wasn't sure where to post this (didn't really want to use eBay's own forums) but just wondering if anyone can help or tell me how these things work.

I am an eBay top rated seller hand making things like keyrings and today have had 2 listings removed saying i breached copyright law even though i clearly listed them as unofficial products.

I've just looked at my eBay policy record and i'm still at medium and the only violation i have is 1 from a couple months back (which i admit i was stupid with).

These latest 2 violations (i don't think) haven't gone against my account which is the only thing i'm concerned about really (i lose my eBay business i lose my job), do eBay do that sometimes, remove listings but don't put it as a strike against your account? How many are you usually allowed before suspension?

Many thanks for your help.
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Old 03-03-2012
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Don't think so. A strike is a strike - but I think if you get them at the same time they are classed as one.

Certainly that seems to be how mine occurred in the past, I had something like 10 listing removed at the same time (whoops!) but didn't lose the account.

I think you are allowed three strike before you are given the boot.

What were you making? Was is Nike Air Jordans?
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Old 03-03-2012
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How can you make nike air jordans looool maybe in china yes, not in uk lol

Steve would you could do is sell what you know was selling without a problem for the meantime, after a year each violation disappears, so lets say the one u got couple months ago was on november, it should be gone by this november, it's not worth risking new items which you've never listed before, eBay is very strange, they always fear for their business being tarnished so if they suspect something about your product they will take it down with no second thought. perhaps 1-2 more violations and you could be at risk of getting booted or being asked to proof your products.

Another alternative would be to make a new account for testing out your items, but you would need to operate under a different ip, name, address, so they don't link you.

PM if you want more info.
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Old 03-03-2012
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Quote:
Originally Posted by Steve118 View Post
Hi i wasn't sure where to post this (didn't really want to use eBay's own forums) but just wondering if anyone can help or tell me how these things work.

I am an eBay top rated seller hand making things like keyrings and today have had 2 listings removed saying i breached copyright law even though i clearly listed them as unofficial products.

I've just looked at my eBay policy record and i'm still at medium and the only violation i have is 1 from a couple months back (which i admit i was stupid with).

These latest 2 violations (i don't think) haven't gone against my account which is the only thing i'm concerned about really (i lose my eBay business i lose my job), do eBay do that sometimes, remove listings but don't put it as a strike against your account? How many are you usually allowed before suspension?

Many thanks for your help.
There is no such thing in the eyes of a trademark owner, e/b or the law as an 'UNOFFICIAL' product and as you have found out listing it as such is no protection from any of the aforementioned three.

You are using someone else's brand name for your own profit. as far as they are concerned.

As the saying goes '3 strikes and your out'

However with e/b this can be reduced to one or two depending on the violation.

Be careful, your on very, very thin ice.

Last edited by NoneOther; 03-03-2012 at 02:19 PM.
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Old 03-03-2012
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if you have 3 violation on an account its better you let it cool off use it after say 3-6 month later and use a different new stealth ebay account
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