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  #1  
Old 07-22-2010
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Default ebay suspenion due to trademark counterfeit

Hello,

i have been an ebay member for about a year and a gold powerseller. i was selling a few different products, and came across a product from china that i thought was real since the supposed real product is in fact made in china. make a long story short, the company contacted ebay stating that my listings were not real and out of the clear blue sky (1,200 items sold from one listing.. to give you an example of how much sales i had).. i get an email and a few seconds later all my listings removed and my account blocked and i needed to verify all sorts of things valid id. business license, invoices and tracking that items have been received by my customers. to make matters worse, ALL MY CUSTOMERS WERE MESSAGED FROM EBAY STATING THAT THE LISTING was REMOVED AND THE ITEM MIGHT BE COUNTERFEIT, AND you know how that goes.. i was bombarded by countless customers putting ebay and paypal disputes/claims in... now i sent all items out, so im losing big time here. i had 400 feedback a month and all positive except the few unhappy campers you know how that goes... now my stress level in through the roof, my blood pressure is 150/100 and the icing on the cake was shortly after paypal comes in as well and limits my account. Just as i transfered over a thousand dollars out WAM BAM! THEY REVERSE THE TRANFER.. NOW HOW THE HECK CAN THEY DO THAT! i came to realize that ebay/paypal are the mafia of the internet. anyways im concerned that i can sued or they can hold my money and i need advice any that can be given please help im going insane! this was my sole income since i got layed off my job and i need help and peace of mind i wont get sued or in trouble i still think my items are real. dont know what to do please help


thank you! :juggle: :yar:

Last edited by malaka1; 07-22-2010 at 05:22 PM.
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Old 07-22-2010
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Do the best you can to ship the items and make your customers happy, take a deep breath and realize everything is going to be alright, then start over with stealth.
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Old 07-22-2010
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If the money you transfered from paypal hasnt hit your bank yet, then paypal can stop the transfer and put it back in paypal to cover as many of the claims as possible, if you have anything left over, it will be in your ''remaining balance''. If you are afraid of a lawsuit, then just refund the people and take the loss.....think of it as piece of mind. Any buyer would be happy to keep an item and get their money back so likely hood of a customer taking you to court would be pointless.
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Old 07-22-2010
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I don't see any consumer lawsuits here, but the company that owns the trademark MAY sue, although that does not usually happen.

You should check with your supplier to see what they say about the items being counterfeit and then do some research (what supplier will admit selling ⊗⊗⊗⊗?) to see what you are REALLY dealing with. But if you got these items from DHGate, they are almost certain to be ⊗⊗⊗⊗.

Unless you find out that the items are 100% legitimate and get the trademark owner to agree with you, the eBay account is history. And even if you DO find they are legitimate, getting your account back will be an uphill battle.

eBay CLAIMS they are so worried about their image (sorry, the boat has already sailed on that one!) and demand that users NEVER say anything detrimental about them. But then they turn around and email hundreds of buyers that they were POSSIBLY sold ⊗⊗⊗⊗. Go figure.

Your PayPal account is also history. Whatever money they are holding on to they will keep for 6 months (180 days). From that, they will deduct any customer refunds, of which there should be PLENTY seeing as how eBay has sent out that email. Very few will send the items back, so you will definitely suffer a loss. Also, there is language in the PayPal user agreement that allows them to fine you $2,500 for violating their Acceptable Use Policy. Whether or not they invoke it, who knows?

After all is said and done, you may have a negative balance in your PayPal account. That will go to a collection agency and almost certainly will be placed on your credit report.

You can email them, call them, go to their offices, or whatever, but the outcome will be the same. That is how they operate.

All you can do is move on and create some stealth accounts (assuming you still want to sell on eBay).

If your items ARE legitimate, then you MAY be able to take eBay and PayPal to court and sue them for damages. But if that works at all, it is years away.

I don't mean to sound harsh, but this is the reality of what you are dealing with. You are not the first person this has heppened to. Thousands of people have been kicked off of eBay, some with good reason and some not. They make no attempt to differentiate between the two.

I certainly wish you the best of luck. Don't think that from the tone of my post I am taking eBay's side. I'm not. But you are in a tough situation and the last thing you need is for someone to sugarcoat this for you.

I know this is not what you WANT to hear, but it is what you NEED to hear.

Last edited by jeffweico; 07-22-2010 at 07:00 PM.
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Old 07-23-2010
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WElcome to the forums, op.
I used to be a gold powerseller. 99.8% fb and over 25000 positives.
been with eBay since they opened.

8 years later they called me to tell me I was banned. I asked why, and they won't even tell me. at the time I had $7700 in my account PP. 6 months down the road I never see a cent of it. And yes, all my items were legitimate. Buyers filing claims on PP, kept the goods, etc.

I was one of those sellers that actually made ebay create a catagory for me too.
So you see, a legitimate and grandfathered and successful seller as myself was treated this way and they stole money from me.
I thought I was going to die. but the people here helped me and I became smarter.
No more "I'll follow eBay and PP rules and I'll be ok" . No more "as long as I'm honest, I'm ok" .

I'll still be honest when I sell, but I won't take anymore abuse from them.

SO... i highly recommend you get Aspkin's "eBay stealth guide" . Read it carefully, study it over. And then ask questions here, since I know you WILL have questions.

And hopefully, one day you can give assistance and advice to those who are newer than you and pass it a long, like I'm doing for you.
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Old 07-24-2010
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Thank you all for your help. i have a few questions if i use someone elses name like a family member will it flag because of the same last name. and also if their credit is bad like having judgments and bad credit does paypal contact credit agency and obtain credit reports? im so lost and confused i think im going to have nervous breakdown!
thanks looking forward to some help....
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Old 07-24-2010
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saijin, same thing happened to me on all of my 4 accounts back in the day, I wasnt a powerseller but doing well, and happily, ignorantly selling legit items, til one day, a company didnt want me selling their brand colluded with ebay, to have me kicked off, no real reason was given, no accusations as such, once id prooved legitimacy IN PERSON, I simply didnt get my accounts back and got the silent treatment. After that I decided that they could kiss my impeccible heiney, and I would go stealth on my terms. In fact I have new surname and address now from before, and they cant have it, its mine and they will never have my full real details ever again..rant over....

malaka1 - the last name should be ok, if teamed with another address and no other links. Personally I would get the book, and take your time to get a really good new account...good luck
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Old 07-24-2010
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Quote:
Originally Posted by malaka1 View Post
Thank you all for your help. i have a few questions if i use someone elses name like a family member will it flag because of the same last name. and also if their credit is bad like having judgments and bad credit does paypal contact credit agency and obtain credit reports? im so lost and confused i think im going to have nervous breakdown!
thanks looking forward to some help....
I agree with Oompa, you really need to get the Stealth Book. For the knowledge gained, it is cheap. When reading it, I promise you, the lighbulbs will suddenly turn on, so to speak. There is too much involved to get it from posts on this forum (you could probably piece it together by hours of searching and reading, but you could still miss something).

Read it at least 3 times and let it sink in. Then ask questions about anything you don't understand.

As to checking credit, PayPal CAN check your credit report. That does not mean that PayPal WILL check your credit report. Usually this will happen when the amounts of money moving through an account become larger. That is one of the reasons for staying small on each account, and having several stealth accounts. The more risk associated with the account, the more likely PayPal will be to check your credit.

The worst thing you could do is to open ONE stealth account and immediately try to run thousands of dollars a month through it. This is especially true if what you are selling is favored by counterfeiters. Your merchandise could be 100% legitimate and it won't matter. If eBay or PayPal suspsects that something is wrong, they simply close the account. They don't have to PROVE wrongdoing - PayPal is not a courtroom.

Pre-2007, the business environment in this country was EXPAND, EXPAND, EXPAND! MORE sales, MORE revenue, MORE customers. Now the business model is to LIMIT RISK, NO MATTER HOW SMALL, AT ALL COSTS!

I know that operating from several accounts sounds hard, but once you understand the process, it becomes easy.

Just so you know, I do not benefit in any way if you buy the book. I'm just a customer who has had great benefit from using the stealth guide.

Last edited by jeffweico; 07-24-2010 at 12:58 PM.
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  #9  
Old 07-25-2010
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I get a kick out of how they get away with this crap.
Had some DVDs listed from a small time producer...I buy low and sell at a high reserve and might make $10-20 each. Well, the producer sends me an email...direct, not through ebay's "my messages" (I have no idea how he got the email) saying that since I wasn't in his database the DVDs I was selling had to be copies and if they weren't would I please explain?
Well I sent him an answer back and he said good enough, he just has to keep on top of things which I don't blame him for. The DVDs didn't meet the reserve I needed in order to make money on them, so I re-listed them and 4 days into a 5 day listing they get removed because of a Vero complaint...???
If he was really staying on top of things wouldn't he know that they didn't sell and were being re-listed? I had a good mind to send him an email asking what is up? The frustrating part is that several of the videos he doesn't even produce any more and streams them for free, so what is it costing him to have someone selling older DVDs that he doesn't even bother with?
I think that if he can all but dry up the used business on ebay everyone will be forced to only buy from him. Funny thing is is that he doesn't even list stuff on ebay. He could make a killing and drive a ton of business to his website and draw attention to everything else he has to offer.
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  #10  
Old 07-26-2010
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thank you all for your help. however i did buy the book and read it quite a few times. i just need a little more reassurance because im really afraid to open a new account. it doesnt say much about how to get passed name and that stuff, only that you can use a friend or family member. the problem is that all my friends have ebay accounts and family members as well and they would NOT jeopardize their accounts for me. you know how people get when asked for a favor like that. please help, i basically am screwed in the name department.

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Old 07-26-2010
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Make up a name, but make it nothing too unusual...Bob Green, Mary White, Dan Peterson...something like that....now set up an email through a free service for that name and the new account.
Next, get an address...it can be the address of a parking lot between 2 stores, just has to be one that could actually exist. Don't put down 22345 Main Street if Main Street stops at the 6000 block, they'll figure that out in a heartbeat.
Get yourself a tracfone or other disposable phone for $10 and register it to the same area code that you are trying to register the account in...i.e. don't register a phone with a Chicago area code if you are trying to set up an account with a Miami address.
The toughest part is getting past the credit card to pay your fees. Set up a Paypal account and verify it by adding a bank account, ebay will accept that in lieu of the credit card.
And finally be sure that you have a Fresh IP address and your computer has been cleared of cookies, etc.
But of course this has all been covered already in the Stealth Book and many times here ad well

Once you do it a couple of times you'll be able to set up new accounts in no time at all.
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Old 07-26-2010
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thank you for quick reply. ok, if i make a name up how can i provide a bank account with that name?
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Old 07-26-2010
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Quote:
Originally Posted by malaka1 View Post
thank you for quick reply. ok, if i make a name up how can i provide a bank account with that name?
The Bank account does not need to have the name match the PP or EB accounts and you don't want to start giving bogus information on bank account applications. I believe it is a violation of the Patriot Act.

All you need is a real bank account that can receive the 2 small deposits from Paypal to verify that you have access to the account so that you can use it to fund Paypal and in result use it to pay your EB fees.

I have 2 verified PP accounts, each verified with a different bank account.

Needless to say since my real name is on both of the bank accounts, it is not the same on both PP accounts
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Old 07-26-2010
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Welcome to aspkin! Maybe this should be moved to ebay horror stories section.
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