Trademark Infringement / /Copyright / VERO Issues - Cease & Desist letters.

[sycore]

Originally Posted by ebayhateluv

WOW- I thought $4,000/week was good,,You're a Genuis!

I wish I made that, I do around 10K/month. No, the 10 million is how much I can bid on before I get real time suspension. YOu have to spread it over a few buying accounts, but it does not take long. I few Lexus here a few Rolexes there, then I go after powersellers that ebay allows to selll VERO with immunity.

[Jonas]

Originally Posted by sycore

I wish I made that, I do around 10K/month. No, the 10 million is how much I can bid on before I get real time suspension. YOu have to spread it over a few buying accounts, but it does not take long. I few Lexus here a few Rolexes there, then I go after powersellers that ebay allows to selll VERO with immunity.

So you just go non-pay-bidder? Around 25% of ebay buyers are non pay bidders.

[ivegotinfo]

sycore you mean you bid up to like 10 million dollars of stuff?
and then what?

oh and also, for one of my accounts i had brand name in the title, and the entire listing with text was one giant jpg, no brand name words anywhere but the title...still listings taken down.

[imjustme]

Sorry if I'm a bit slow ...but why would you need to bid for 10M in things?

[ebayhateluv]

Thats why I didnt catch it the 1st time through--Sales made sense to me..not mere bids??? (Ive never really kept track of what i bid..)

[Chris Hanson]

Originally Posted by Jonas

So you just go non-pay-bidder? Around 25% of ebay buyers are non pay bidders.

more like 50%

[Chris Hanson]

Originally Posted by sycore

I wish I made that, I do around 10K/month. No, the 10 million is how much I can bid on before I get real time suspension. YOu have to spread it over a few buying accounts, but it does not take long. I few Lexus here a few Rolexes there, then I go after powersellers that ebay allows to selll VERO with immunity.

wow no life

[sycore]

Originally Posted by Chris Hanson

wow no life

Yeah that, plus my hatred for Ebay/Paypal runs so deep. It is theraputic. Only cost me $5 buck and I get Powerseller bitching at their handlers tying up trust and saftey monkeis.

[ivegotinfo]

so you just bid and never pay? is that what all this is about? lol hard to understand a bit with the millions.

[ivegotinfo]

wow another one...diff account, diff pics, diff wording same type of item though. i think theyre more into trademark violations now than suspensions..why though.
gahh....

[sycore]

I bet you could list non vero, everyday item and you will still be banned before you your item hits the search. They are crushing new accounts trying to sell with no feedback. The funny thing is they are probably taking out a lot of legit people.

[Jonas]

This is how a VERO reports the stuff Reporting Intellectual Property Infringements (VeRO)



But then what is this ??? How e-Bay Protects Intellectual Property (VeRO)

Filing a Copyright Counter Notice. For listings that have been removed at the request of the rights owner for copyright infringement, you may have the option of filing a Counter Notice with eBay if you feel that your listings were removed in error and you have not been able to come to an agreement with the rights owner.


A Counter Notice is a form provided by eBay in compliance with the requirements of the federal Digital Millennium Copyright Act. The form is a legal document that requires you to, among other things, certify under sworn penalty of perjury that your listings were not infringing and were removed by mistake or misidentification. When you sign a Counter Notice, you will also have to consent to federal jurisdiction and service of process. Please read this form carefully, so you fully understand what you agree to if you choose to submit it to eBay.


Once a valid Counter Notice is submitted, eBay will provide a copy of the notice to the reporting party and will advise them that the listings will be reinstated after 10 business days if we do not hear from the reporting party that they have filed an action seeking a court order to restrain you from re-listing the items.


If you are interested in filing a counter notification, please click on the “email us” link below and provide us with additional information regarding your appeal.

[mudrat26]

where is this information about filing a counter complaint can't find it

[Chris Hanson]

Doesnt even matter. Ebay is on some BS

[Jonas]

If you file a counter notice, then wait the 10 days and VERO doesn't answer, can the VERO just VERO it again when you put it back up and ebay takes it back down again?

[ebayhateluv]

HI:
For those of you with GENUINE Goods, there is a Little known process, called the Counter Notice.
What this does, in effect, is put the VERO Owner on Notice.
I have used this successfuly, when dealing with ROLEX USA, aka Gibney & Associates. (who are their lookouts)..

You can read about it here:
How eBay Protects Intellectual Property (VeRO)

Once filed, the VERO owner who reported your listing, must
a.) File a Cease and Deceast in COurt against you,
OR:
if they do not repsond in 10 days--
UNder the Dig Mill act--
EBAY--MUST reinstate the listing!

***Word of Caution:: Theres alot of Money in the Vero Owners hands, and most of the time they have UNLIMITED resources,
SO.. to NOT be on a "hit list".. youve gotta know, that u know, that your Goods are GENUINE... FIRST!..
Good Luck )

BTW-- Ebay does NOT make it easy to find this stuff.. it took months of complaining, calling people, even looking up one girls HOME number and I called her at home, she worked for the Law Firm representing Rolex..
After that brief confrontation, they Knew I was not gonna back down..
Rolex never bothered me again.. )

[mantisinc]

The issue I have is with import laws. The goods I buy are perfectly genuine, but I've had listings removed because of import laws. Or at least, I'm PRETTY sure it was because of this.

The removal notice I received was the ususal automated VERO email, but it had a piece added to it about parallel import laws. Being a foreign spec, I think it was this that was the issue.

Obviously the only way they knew this was because I took photos of the actual item, I think sometimes it benefits to use stock photos.

Also...how can you prove to ebay that they have not taken further action on you?

[ebayhateluv]

HI, Mantis:
that whom as not taken further action?
the Vero folks?
--well, if they serve /file the cease order, it must be served on you at the address on file, a physical address, then they forward that to ebay. **P.S. They have 10 days to get all this done.... )
-- On the other hand, if youre asking how to show ebay theyve dropped matters + youve come to an agreement...
--When i had probs with Rolex, they agreed to withdraw their Vero takedown, they actually sent a notice to a person at XXXXXX.vero@ebay.com
That perosn i am assuming was a coordinator/supervisor at ebay, as they then removed the strike from my ps acct.
(I had like 13 vero takedowns in a 7 -10 day period)... after all was said and done, i only had 1 stick, from using the verbage, LIke New /Mint in a Title..
---Vero works very close with ebay, and whatever they say-- ebay goes along with..
--Conversely, Rolex USA has NO PROBLEMS with selling their Genuine Rolex Commemorative Boxes, the empty boxes, that the wrist watches come in,,
BUT_-ebay does take those down,, as they say-it assists fraud by placing the ⊗⊗⊗⊗ watches in the real boxes..
-- Ebay , on the other hand is perfectly alright with the Rolex Dealer merchandise, displays, clocks, stands from an A.D.
BUT-- Rolex stricty forbids it.. they say its only supposed to be in the dealers hands, and NOT available to the General Public..
---- AT one point, to save my Skin, I had to have my Local A.D. write a letter and mail it to Gibney + to Ebay, verifying that he in fact donated the clock to me, and in turn I sold it on ebay..
** Its like a 2 edge sword.. )

[scouse12345]

Originally Posted by mantisinc

The issue I have is with import laws. The goods I buy are perfectly genuine, but I've had listings removed because of import laws. Or at least, I'm PRETTY sure it was because of this.

The removal notice I received was the ususal automated VERO email, but it had a piece added to it about parallel import laws. Being a foreign spec, I think it was this that was the issue.

Obviously the only way they knew this was because I took photos of the actual item, I think sometimes it benefits to use stock photos.

Also...how can you prove to ebay that they have not taken further action on you?

Mant Parallel import, is difficult if not impossable to enforce, i purchase reguarly from the US.. cos them lovely Yanks give us nearly $2 to the £.. anyhows, they are not being pulled for Vero activity, and they have to prove that you imported item/s to resell in another country, could give specifics, but google search "parallel import", with a little knowledge and photshop, you can quite successfully argue the toss..

[NFLFAN1975]

Anyone had this happen?

Account was suspended by ebay. I was contacted via email by Adidas Counsel. They sent me form stating that I was guilty of trademark violation and intellectual property rights infringement. They want me to forfeit every item I have and pay them a fine of $750. Also threatened further legal action. I haven't even sold that much. I collect NFL jerseys and was selling off ones I had duplicates of or didn't fit. Probably only sold about 20 jerseys now they are threatening me saying it is Federal offense.

If anybody has had this happen to them please let me know how you went about handling it.

thanks,

[ebayhateluv]

HI: Nfl Fan:
Well, you can go 2 ways with this, actually 3..

1- Ignore it, move on, pretend u never recd anything... MY ADVICE

2- Email them back , assuring them that you DESTROYED all the jerseys you had in your possession, but you really did nothing wrong, you simply bought them on ebay, and then sold off a few of the colors you didnt like...

3- You get yourself a Lawyer, go head to head with them..BUT, if you choose this Venue, you'd better be 110% positive your goods are Genuine... ) AND... the Digital Millenium act is relatively new, and most lawyers are not well versed in it, therefore you would need am intellectual property rights/ Corporation specialist Lawyer, they dont come cheap, by any means...

BOTTOM LINE.. they do not want their goods sold by an unauthorized dealer--theres no franchise fees coming from you, they are loosing, AND--if you are able to undercut their Franchised Mark dealers, they take heat..

Good Luck )

PS- if you choose 1 or 2, I'd change up my ebay id...as you WILL be on Ebays hit list--your next item u list will be taken down, for "not in the spirit"..THEN, a day or so later, your Paypal will go down for ever, with the ..'we'd like to end our relationship"" email.. IF it already hasnt? >>> GET THAT EMAIL ADDY off PAYPAL acct, under PREFERENCES TODAY.....

[nikki404]

I actually recieved a similar threat from Microsoft in 2003 regarding OEM software I was selling. They asked for a copy of the product and a written statement saying I would stop selling the items. I complied and they went away. I think they just want assurances that you will stop selling. I decided that I did not need Microsoft trying to drag me into court......Good Luck!