Trademark Violation, help!

[cjenks22]

Hi guys ive been selling a product for a while down perfect feedback and powerseller status , just logged in to a message Trademark Violation

I know not to push my luck and re-list the items on the same account, can you point me in the right direction , i need a new ebay account and will need a new PP or will my current one be ok?

Chris.

[JamesNorth101]

I would avoid listing that same item again, or anything like it.

[martyjump]

I have a lot of experience in this particular field hehe... Here's the deal. It pretty much depends on the item. Your description thus far of what you were selling is vague. But here's an example.

Say you are selling ⊗⊗⊗⊗ bluray's of Star Wars. Star Wars knows or suspects that the bluray is ⊗⊗⊗⊗ so they report you. You get the message and your listing is pulled. My experience has been that you can continue selling ⊗⊗⊗⊗ bluray's but you can't relist the same item that you have been reported for. I have tried, sometimes months later, and I always end up getting reported again. Generally you are allowed 3 strikes on an account with trademark violations but it's not something that you want to toy around with. Once you get a message like that STAY CLEAR OF LISTING THE SAME PRODUCT. Trust me.

[MM78]

If you don't have permission from the VERO Agent OR If your items are phake then don't bother relisting the item. If your items are legit then you should ask the Company if they will allow you to list the items.

[rsot]

Welcome to the forums. You have been given good advice.

You cannot relist the product on the same account without a huge risk for banning.

Stealth works but you must learn from why you got the violation

[bluegrass1]

Need to start with a Stealth Book from this site worth its weight in gold.. Yep most of the time trademark violation is a direct complaint from the company they don't like you selling their brand . Better to be done with that item no matter if you start a new account this will not help.Most likely a violation on a new account will just cause more problems than selling item is worth.. That being said sometimes they will be happy just not using their logo in the pics . I had this same problem I knew the items I was selling was real so I contacted to company just told me not to use their logo in my pic but I could continue selling their product, So now things are gravy .So just depends on a case by case basis .
Buy the book best few bucks you will ever spend" Its an investment worth making"

[digitalluster]

Be very careful when listing vero related knock offs. In addition if U.S. Customs would ever intercept your goods they will log your address and blacklist it and watch it under their radar. In addition I could almost bet that U.S. Customs works closely with all those rights holders of certain products. The Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI) led National Intellectual Property Rights Coordination Center (IPR Center) is way ahead of most of you all hiding behind those little stealth accounts. The government will log and track a repeat seller's pattern and methods. The only reason why I know this is because a good friend of mine got in big federal trouble over some copyright stuff they sold online and even with their best ever stealth account it didn't matter. The government has got way better technology and resources. All I'm saying is be very careful because remember, the internet leaves a digital paper trail............

[mchgrt]

I don't support selling knockoffs, but can't you claim that you thought the items were not knockoffs? Also if customs opens your package, do they log it? Or is it just if they choose to capture it?

[digitalluster]

For the record everyone needs to know this. U.S. customs will open the shipment and compare it to a genuine one they keep at their terminal. They will compare it to the actual genuine product and look for the knockoff counter fit markings to determine if it's a ⊗⊗⊗⊗ or not. In addition they will report the seized shipment to rights holder example, Microsoft, Apple, Nike and Polo. From their the rights holders will know the volume and street value of the seized goods. You might even get a letter for a settlement regarding copyright infringement for all the damages and profits lost. ⊗⊗⊗⊗ stealth accounts will not save you for anything. The government will know based on any digital paper trail leading to you! After you rinse and repeat your little act on eBay and PayPal over and over with accounts it will still lead to you! The government knows just how much volume you sold over any period of time even with your tech savvy knowledge. If you continue on the wrong path you could see yourself in a federal court room with a restitution order and most likely prison time. Like I said before, if you think your can out smart the feds then you better think again. They are smarter and will win every time with conviction rate of 98%

[mchgrt]

Originally Posted by digitalluster

For the record everyone needs to know this. U.S. customs will open the shipment and compare it to a genuine one they keep at their terminal. They will compare it to the actual genuine product and look for the knockoff counter fit markings to determine if it's a ⊗⊗⊗⊗ or not. In addition they will report the seized shipment to rights holder example, Microsoft, Apple, Nike and Polo. From their the rights holders will know the volume and street value of the seized goods. You might even get a letter for a settlement regarding copyright infringement for all the damages and profits lost. ⊗⊗⊗⊗ stealth accounts will not save you for anything. The government will know based on any digital paper trail leading to you! After you rinse and repeat your little act on eBay and PayPal over and over with accounts it will still lead to you! The government knows just how much volume you sold over any period of time even with your tech savvy knowledge. If you continue on the wrong path you could see yourself in a federal court room with a restitution order and most likely prison time. Like I said before, if you think your can out smart the feds then you better think again. They are smarter and will win every time with conviction rate of 98%

So if I'm reading your post correctly, this is only a problem IF you have a shipment that is SEIZED? If packages have been open by US Customs but never seized, is this an issue?

[muzzie]

US customs will hunt a guy that is located on the other part of the world because he sent a phake MS product to US?

[unbakedmonkey]

so US customs go chasing China, no I don't think so. Seen many accounts selling on ebay from china with ⊗⊗⊗⊗ products.

[Haidukken]

Originally Posted by unbakedmonkey

so US customs go chasing China, no I don't think so. Seen many accounts selling on ebay from china with ⊗⊗⊗⊗ products.

The whole economy of China is based on ⊗⊗⊗⊗ and hacked goods, whether it's an Xbox or MS software.
They see things differently than the rest of the world and they supply rest of the world with the same goods. Without them, **** would go down pretty quick and people in UK wouldn't be able to purchase ****ty £1 items from Poundland.

In most cases, the company that owns a brand mass produces in China and then sells that on to EU or US. That's all legit.
BUT, in most factories they produce the legit stuff and ⊗⊗⊗⊗ side by side and there have been some seriously hilarious cases where they just take over production and sell more of the ⊗⊗⊗⊗ than the "original" items.
Back in the day when big corporations moved their production to China they were just starting to find out how backwards the whole process is over there.
Big bicycle companies like Cannondale and Trek produced their stuff there but the same factories sold same bicycles over and over again because contracts were not sophisticated enough to protect the likes of Sony, Trek, Cannondale and many more from the IPs leaking out and slowly every other Mr. Miyagi over there started building stuff that was clearly ⊗⊗⊗⊗, but the cat was out of the bag by then, and it still is.

There difference between ⊗⊗⊗⊗ and real? In many cases the only difference between the two is a random guys opinion or ruling, the same guy who sits in his office over in UK and wears a nice suit.
In reality, if the same people make the same items, from the same materials and sell it from the same place- How ⊗⊗⊗⊗ can it be?

If you don't have the owners permission, that's what makes it ⊗⊗⊗⊗.


inb4: Obviously there are some clear examples of poor ⊗⊗⊗⊗ out there, majority of the stuff that get reproduced is being reproduced with one thought in mind: How to save even more by producing it and how to earn few more pennies. After a while the cheapest version is so crap that it becomes obvious.

In todays world, where consumerism looms large it hard to believe anything is as real as it should. Unless you find somebody who still keeps a craft alive and offers bespoke services tailored to individuals needs. Other than that, it's all real and it's all ⊗⊗⊗⊗, all at the same time.

[rsot]

Originally Posted by mchgrt

I don't support selling knockoffs, but can't you claim that you thought the items were not knockoffs? Also if customs opens your package, do they log it? Or is it just if they choose to capture it?

Of course you can bet they log it and capture the address. Standard logic practice.

[GreenBean]

Originally Posted by mchgrt

I don't support selling knockoffs, but can't you claim that you thought the items were not knockoffs? Also if customs opens your package, do they log it? Or is it just if they choose to capture it?

Customs do not take the excuse of ignorance. Importers must be aware of the consequences of trying to import items that are not allowed.

If there is a reason for Customs to take action, they will.

Nope, anything 'touched' by Customs anywhere is logged.....

EVERYTHING.

[joesshooze]

All I am going to say is that some newbies here are talking and scaring people about things they absolutely know nothing about. Does anyone with any sense of logic think HS is going to keep 1 of every item that is replicated in China so they can compare to legit original? Hell no! I know this to be a fact they don't.

[muzzie]

In our country, if something like "ifoun 6 plus" comes into the customs, and the declaration states that it costs like 50 usd and is "a gift", you must prove that it really costs 50 usd, as they have a really huge list of items, and their regular market price to detect odd postages. This involves showing them your CC statement with the payment details, printout from the internet, where it's price can be seen. And if they don't like it, or you receive it quite often, they will do a test, to check if the item is genuine. In case if they find that the item is phake, a fine will be applied for the first case, and the items will be destroyed. If it happens again, it will be a subject of a criminal offense with all corresponding results.

[mchgrt]

Thanks for the clarifications

[rsot]

Originally Posted by joesshooze

All I am going to say is that some newbies here are talking and scaring people about things they absolutely know nothing about. Does anyone with any sense of logic think HS is going to keep 1 of every item that is replicated in China so they can compare to legit original? Hell no! I know this to be a fact they don't.

It's all about the risk vs reward...there is a CHANCE - nothing is 100%

[SilentHill]

alright are we talking about importing from other countries? obviously they will seize sooner than later.

Honestly nobody has permission to sell any products on eBay unless you made it & you went to your lawyer and got it Trademarked & Copyrighted.

So there's Lots of illegal activity going on with ebay and Customs should take down EBAY.

[unbakedmonkey]

Thanks Haidukken for the detailed post. Most informative!!!