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Listings ended, MC019, pretty sure it's BS
 

Without getting into TOO much detail, I sell coupons on ebay. They are legit coupons that I gather and sell. Tons of other sellers sell them.

All but 2 of my listings were removed this evening because of a Vero violation, apparently initiated by the company for whom the coupons are for.

My listings clearly state that I'm not an agent or representative of that company, that all trademarks are owned by them, I dont work for or represent them, I am merely selling the coupons I personally collect.

So from everything I'm reading, I'm not in violation of any real trademark laws. My guess is the company vero'ed me just to put a thorn in my side.

So my question is... what do I do now?

The email from ebay instructed me to email that company's represenative (the email address was from a law firm - so this is legit from the company, and not a competitor) and wait 7 days for a response. If no response in 7 days then I should email ebay back.

How do I safely proceed here? I'm pretty sure that if I put my listings back up I'm gonna get re-vero'ed and get my account canned. It's been running for nearly a year no issues, and I really dont want to start a new account. Should I play nice, wait the 7 days (I'm sure I'll get no response), then email ebay? How's that work? If no response in 7 days then I'm free to sell... or...?

Like I said, I cant see how I'm in violation of anything. It's absolutely absurd that ebay can remove listings without telling me why. I really think the company just did it knowing they CAN and it'll kick me in the ass for 7 days.

So, guru's who are experienced in this - what do I do? Email the person in the email? Dont list anything for a week? Contact ebay and ask for clarification?

My wife is out of work. Me collecting and selling these coupons helps us pay the bills. I cant be without this income for too long or it's really going to hurt. We live paycheck to paycheck as it is. I want to get back up, safely, ASAP, but dont want to risk my account... it took a long time to build a trusted selling presence. Starting a new account will really hurt...

So... what to do?

Thanks..

What you should do is get an understanding of what TM infringement is. Lets say you have a coupon for half off Huggies diapers. Huggies is the brand. They own the right to that name. You can't use that name without the company's expressed written consent. Period. Especially if you are making a profit off their name.

Lets say you put out a brand called lorddamax jock straps. You get on ebay and see that I'm selling coupons for 30% off. First off, coupons are suppose to be free. So if you don't sell them, why should I? What if you didn't authorize that particular coupon? Or what if it's expired and the seller is just making duplicates? Once those coupons are sold the buyer my be refused by the retailer. That makes your company look bad. Would you really want to allow me to screw up your business just so I can make a few bucks?

Ok, that didnt exactly answer my question, and you kinda went off track.

By your definition, EVERY ITEM on ebay is subject to Vero.

"Lets say you have a coupon for half off Huggies diapers. Huggies is the brand. They own the right to that name. You can't use that name without the company's expressed written consent. Period."

That means:
Apple iPod 3rd Gen
Halo 2 for Xbox
Zhu zhu pet
Furbie
Cabbage Patch doll, like new condition...

ALL of them can be Vero'ed. Using your rationale of "you cannot use that name without permission, period."

You CAN use the name to describe what you're selling. You cannot use the name to make a counterfeit, and you cannot use the name in your own business, but if you have an actual pack of Huggies Diapers you sure as hell can legally list Huggies Diapers for sale.

Now, said company may not LIKE me selling their coupons, but that doesnt make it illegal or trademark infringement. Which is why I said I think the claim may be BS... they dont like me selling them, so they Vero'ed me knowing it kicks me in the ass for 7 days.

I came here to ask if it may be legit and if so what should I do and how should I proceed. Telling me it's a legit vero because I said I'm selling a "Store-X coupon" is absurd. Thats not trademark infringement. Thats stating what I'm selling.

I may not be a trademark lawyer but even I know that you can use a trademarked name to describe an item. I'm not counterfeiting coupons, merely reselling those I'm smart enough to collect in quantity online. Thats not illegal.

Every item that you sell can be vero'd if you do not have permission to sell it.

Are you suggesting that I have no legal right to sell my own property without the permission of the manufacturer?

All you have to do is make multiple ebay/paypal accounts and sell your coupons on start out with at least 3 and just rotate them Once you get suspended then move on to next one and after the 7 day suspension move back to that one.


I hope it works out for you, I have been doing it like this for a year now SO it does work.

it mean someone envy at you...
they report your item down and report them as a fraud item.. thats why ebay removed your listings.


there's a lot of dirty player in ebay that dont know how to compete in the market by reporting another seller as unauthorized items. :(

Yeah except that it wasnt a competitor.

mostly when your item gets down, i would say 50% competitor.. they love playin dirty to get their item sold high :clap: sucks..