MC019 Auction was removed due to copywrite infringement. - eBay Suspended & PayPal Limited Forums
eBay Suspension & PayPal Limited Forums  
Join Today
Register Subscribe
     

Registration is fast, simple and absolutely free so please, join our community today!


Go Back   Home > Marketplace Discussions > eBay Discussion! > eBay Suspensions

eBay Suspensions General issues related to eBay Suspensions. Mostly geared towards eBay.com.

Reply
 
Thread Tools
  #1  
Old 04-14-2011
Junior Member
 
Join Date: Apr 2011
Posts: 1
Thanks: 0
Thanked 0 Times in 0 Posts
Activity: 0%
Longevity: 66%
iTrader: (0)
Default MC019 Auction was removed due to copywrite infringement.

Hi all. I'm relatively New to ebay, but over the last month I have been doing pretty well. My feedback score is 100% With 29 Reviewers. I've never had any Disputes or cases brought against me.

Recently I got turned on to selling Lacoste shirts. Last week. I sold a Lot of 10 for 229.99 with 20 shipping. No problems.

This week I decided to see what happens if I start the auction bid off at 0 and do it for 7 days. Well, by day 4, the auction was at 327.00. Which was great.
Yesterday afternoon I'm picking up my girlfriend to go see a afternoon movie with her, and I get an email from ebay. MC019- You're Auction was Removed for copywrite infringement. Needless to say I couldn't even focus on the movie.
Here is what was in the Message from EBAY.

You recently listed the following listing:

(((((LOT of 10 New Lacoste Polo Shirt's Size S - XXL))))


Your listing has been removed.

Your item was removed because of a request we received from Lacoste USA, a member of our Verified Rights Owner Program (VeRO), asking us to remove the item for:

- Item(s) is a counterfeit product which infringes the trademark owner's rights.

For more information on why your item was removed, you should:
- Contact Lacoste USA directly at lacostetrademark@lacoste-usa.com with your questions or concerns.
- Wait 7 days for Lacoste USA to reply to you. Although most VeRO participants are willing to respond to polite email, please know that they aren't obligated to reply.
- If after 7 days you haven't received a response from Lacoste USA, please contact us by simply replying to this email.

The rights owner or an agent authorized to act on behalf of the rights owner, Lacoste USA, notified eBay that this listing violates intellectual property rights. When eBay receives a report of this type of violation, we remove the listing to comply with the law.

To be Honest, I was getting the shirts from China In bulk, orders of 20. The distributor / Chinese wearhouse gives the shirts with the tags and everything attached. They look completely real. And never had anyone dispute or get upset with them.

Last night I called Ebay, I told them that There was a Lacoste outlet store next to my home, and I buy discounted shirts there and sell them. Ebay told me I needed to Email Lacoste to get permission to sell. I asked them if I could sell my remaining shirts with individual auctions. They told me no.

The weird thing is, there are hundreds of people selling Lacoste on Ebay. New Lacoste shirts, that are the exact same as mine. From the same place. Why did mine get brought down? On the Main Item photo, I had used some pictures of stacks of Lacoste shirts from the web, that were from Lacoste.com . Is that the reason? I just do not understand what specifically made Ebay's VeRo Team Zoom in on my auction. There are others using the exact same photo's, with their buy it now auctions.

Also, I have about 20 shirts left over. Should I sell them with my account?
My account was not suspended, or anything like that. It just says if it happens again, I " may " get suspended.

What should I do?
Reply With Quote
The complete step-by-step guide to get back to selling today!

  #2  
Old 04-14-2011
GVX GVX is offline
Junior Member
 
Join Date: Apr 2011
Posts: 4
Thanks: 0
Thanked 0 Times in 0 Posts
Activity: 0%
Longevity: 66%
iTrader: (1)
Default

Similar circumstances except it was zumbas for me and I got away with it for a lot longer. I got a minor violation a month ago and and then the dreaded mc019 now in my dashboard my policy compliance lable is yellow (medium) summary says : [Medium

Your policy compliance rating is Medium
You have at least one policy violation on your account. Check to see what policies you violated and what steps you can take to avoid those mistakes in the future. An additional violation can result in listing cancellations.

Avoid violating this policy again and your account will be clear of this violation after Oct-10-11.] (6 month on probation HeHeHe....) My account is over 10 years old with feedback of 745 also. I bet your dashboard says this also hmmm...? My question to one of the old timers is it likely that 1 more violation will suspend my account? Or will it take more offenses before we are both suspended? I quit listing the product when I got the violation but would like to sell the rest of my inventory off I am setting a stealth account rt now but I think it will be months before I will feel comfortable selling vero items on the new account. ( Ps. I think my mistake that got me caught was listing the same "open box Item" listing at the same time. I liked my auction to end about 1:30 pm and the end time was creeping forward so I listed an hour before the auction ended and both got removed hope this note will help someone else)
Reply With Quote
  #3  
Old 04-14-2011
jeffweico's Avatar
Executive [VIP]
 
Join Date: Mar 2010
Posts: 7,220
Thanks: 895
Thanked 4,057 Times in 2,168 Posts
Activity: 0%
Longevity: 75%
iTrader: (12)
Default

eBay did not zero in on your auction. LaCoste did. Did the picture from their website do it? Possibly. Using photos from another website is a no-no. But it could also be that LaCoste feels that your items are counterfeit.

The way the system is set up pretty much leaves you at their mercy. You could contact them and ask them if they will let you sell their shirts, but they do not have to let you do so.

It sounds like you did not initially know it, but those shirts are counterfeits. It is illegal to import anything to the USA for resale that contains a trademark or is copyrighted without the permission of the rights owner - which of course, they would never give.

Actually, you are pretty lucky in this particular case. Many people stumble upon sites like DHgate and think they have found a goldmine. They buy some stuff and start selling it. Then the rights owner has an undercover buyer purchase an item and analyzes it to see if it is real or counterfeit. If it is counterfeit, the next communication would be from their law firm, demanding that you stop selling them and cough up some money (usually in the thousands of dollars) as a settlement.... OR ELSE.

You do not want to know about the OR ELSE.

Is it fair that others can sell them and you can't? No, of course not. But eBay is not fair to begin with.

You sound like an honest person who bought these thinking they were real, but now you know better. The fact that you tried to tell eBay you bought them from an outlet is concerning. My suggestion would be to NOT try to sell counterfeits of any kind. It can easily lead to lawsuits and worse.

I'm NOT judging you. But you should know that while it was very easy a few years ago to sell counterfeits online, those days are long gone. Rights owners are starting to protect themselves and if they get you in their crosshairs, you are in for a world of trouble.

I know it is difficult, but if you do enough research, you CAN find legitimate stuff to sell - and then you won't have to worry about VERO members and possible lawsuits.

I'm sure that this is not what you wanted to hear, but it IS reality.

Good luck.

Last edited by jeffweico; 04-14-2011 at 09:14 PM.
Reply With Quote
The Following 2 Users Say Thank You to jeffweico For This Useful Post:
Sell4more2 (04-22-2011), ShadyOne (04-15-2011)
  #4  
Old 04-15-2011
ShadyOne's Avatar
Senior Member
 
Join Date: Apr 2011
Posts: 2,556
Thanks: 186
Thanked 327 Times in 281 Posts
Activity: 0%
Longevity: 66%
iTrader: (0)
Send a message via MSN to ShadyOne
Default

Your first e Bay BIN listing either evaded the eyes of 'Lacoste USA' or it simply could have sold quickly and thus they never had chance to report the listing.

The auction was up for 7 days no matter what, this gave the 'Lacoste USA' VERO team plenty of time to find your e Bay listing and report it.

Many ⊗⊗⊗⊗ VERO sellers use the BIN to their advantage.

I would side with ^jeffweico and say that you should stay away from any popular Chinese websites selling branded merchandise and try to get yourself a respectable supplier of real merchandise.

A lot of the vero companies require you to be an authorized reseller, so the first step would be to find a authorized distributor/wholesaler if you cannot buy directly from the manufacturer.

__________________
"Guess whos back, back again
Shady's back, tell a friend
"

Last edited by ShadyOne; 04-15-2011 at 06:57 AM.
Reply With Quote
  #5  
Old 04-15-2011
oompaloompa's Avatar
Executive [VIP]
 
Join Date: Jul 2008
Posts: 9,579
Thanks: 502
Thanked 1,474 Times in 1,184 Posts
Activity: 9%
Longevity: 88%
iTrader: (7)
Default

you have 20 shirts left? dont sell them on same account, they will almost certainly, remove them again with a MC019, its usually 3 strikes and you are out in 3 months, but with a relist of exact stuff again you might get a 2 striker....

honestly, if you dont have another eb acc, then sell them on gumtree or somewhere quick, dont say they are auth as thats bloody lying, Im not against them per se as people want them and know what they are, and so what, chavs need them to wear to their gypsy weddings, the price should give the clue, and refrain from selling hot vero items in volume, without vero clearance - it just doesnt work for very long...you will see people selling them, but they are either going to get same treatment as you down the line, depending on how strong their account is, or they have clearance due to giving supplier details they are happy with...
__________________
https://youtu.be/bn4t0BuClbw

Last edited by oompaloompa; 04-15-2011 at 06:56 AM.
Reply With Quote
  #6  
Old 04-15-2011
ShadyOne's Avatar
Senior Member
 
Join Date: Apr 2011
Posts: 2,556
Thanks: 186
Thanked 327 Times in 281 Posts
Activity: 0%
Longevity: 66%
iTrader: (0)
Send a message via MSN to ShadyOne
Default

Quote:
chavs need them to wear to their gypsy weddings


Quote:
the price should give the clue
Haha, that is so true, a lot people know they are ⊗⊗⊗⊗ by the price.

They just buy them and never tell their chav friends, until they notice the badge is bigger than normal or something like that!

To the OP, go down the shops or your local park and start an auction down there instead. Hot cakes.

__________________
"Guess whos back, back again
Shady's back, tell a friend
"
Reply With Quote
  #7  
Old 04-15-2011
GVX GVX is offline
Junior Member
 
Join Date: Apr 2011
Posts: 4
Thanks: 0
Thanked 0 Times in 0 Posts
Activity: 0%
Longevity: 66%
iTrader: (1)
Default

Well jeffweico must know what he is talking about I just got my email of cease and desist? Attached you will find a demand letter and draft COMPLAINT which relate to your intentional trademark infringement of Zumba® and Zumba Fitness® products. Please read these documents thoroughly, as they specifically address a federal lawsuit that will be filed against you in Los Angeles, California, on or about April 25, 2011.



Zumba Fitness, LLC is aggressively combating rampant piracy of its Zumba® and Zumba Fitness® line of products and services.



You are hereby put ON NOTICE and should immediately CEASE AND DESIST from the sale of COUNTERFEIT Zumba® and Zumba Fitness® products.



Please retain legal counsel and have them contact our firm as soon as possible. lvlid_night_club be wary of listing this anywhere the company is demanding $15000 from me plus records of anyone i sold to my suppliers and all complete accountability of everything as well as transporting all my unused goods to Miami I don't know what will happen but I hope it will die if abandon any sale of infringed products good luck with your ebay problems and I hope you don't see any emails like this anyone with any advise please PM me thanks guys
Reply With Quote
  #8  
Old 04-17-2011
ShadyOne's Avatar
Senior Member
 
Join Date: Apr 2011
Posts: 2,556
Thanks: 186
Thanked 327 Times in 281 Posts
Activity: 0%
Longevity: 66%
iTrader: (0)
Send a message via MSN to ShadyOne
Default

Quote:
Originally Posted by GVX View Post
Well jeffweico must know what he is talking about I just got my email of cease and desist? Attached you will find a demand letter and draft COMPLAINT which relate to your intentional trademark infringement of Zumba® and Zumba Fitness® products. Please read these documents thoroughly, as they specifically address a federal lawsuit that will be filed against you in Los Angeles, California, on or about April 25, 2011.



Zumba Fitness, LLC is aggressively combating rampant piracy of its Zumba® and Zumba Fitness® line of products and services.



You are hereby put ON NOTICE and should immediately CEASE AND DESIST from the sale of COUNTERFEIT Zumba® and Zumba Fitness® products.



Please retain legal counsel and have them contact our firm as soon as possible. lvlid_night_club be wary of listing this anywhere the company is demanding $15000 from me plus records of anyone i sold to my suppliers and all complete accountability of everything as well as transporting all my unused goods to Miami I don't know what will happen but I hope it will die if abandon any sale of infringed products good luck with your ebay problems and I hope you don't see any emails like this anyone with any advise please PM me thanks guys
A lot of e bay sellers get such letters/emails when they start selling branded goods, what do you expect though when you know that they are ⊗⊗⊗⊗.

If you did not know they are ⊗⊗⊗⊗ then I am sure this can be taken into consideration if these lawsuits ever did go to court. Sometimes though, the companies use these letters to scare you and stop you selling them.

Sometimes people see the letter and never return to ⊗⊗⊗⊗ goods, some never learn and carry on . Some actually do go to court and lose a lot of $$££.

Which one are you?

__________________
"Guess whos back, back again
Shady's back, tell a friend
"
Reply With Quote
  #9  
Old 04-17-2011
slapped's Avatar
Executive [VIP]
 
Join Date: Mar 2010
Posts: 3,341
Thanks: 389
Thanked 1,397 Times in 866 Posts
Activity: 0%
Longevity: 74%
iTrader: (4)
Default

Well, here is the Deal,,Lacoste will MORE than Likely NOT do anything else from this Point on assuming that you Stop selling their stuff,,,

Ebay on the other hand has now flagged your account,,and as Pointed out by my Esteemed Colleague above your account will NOT last much longer if it continues to get more "Hits"

So, my suggestion to you is to contact Lacoste, again as suggested above, ask them what it would take to Prove to them that the Items were Real and for them to Ask Ebay to remove the Violation from your account,,if you can Provide the Proof they require, then do it, if not let it go,,Just be aware that if they ask and want proof of Who Sold you the items, and they WILL,,make SURE that the Source is 100% LEGIT,,or you might wing up getting into MORE Trouble
__________________
The 3 Keys to Success are:,,,,Research, Research, and More Research,,,,,
Reply With Quote
  #10  
Old 04-17-2011
GVX GVX is offline
Junior Member
 
Join Date: Apr 2011
Posts: 4
Thanks: 0
Thanked 0 Times in 0 Posts
Activity: 0%
Longevity: 66%
iTrader: (1)
Default

Well I thought the zumba's were legit in the beginning until I got the mc 019 I stoppen selling then axcept for completing a couple unpaid deals that were paid after the violation then 3 days later is when the sent me the letter what worries me is they purchased and I mailed the ⊗⊗⊗⊗ to there undercover agent. and It looks like the same buyer purchased and has not paid for the item yet he won the auction a few days after the first purchase but this all took place before the mc019 and after my research the item was not legit and the dealer isn't either so I have nothing to stand on. Does it look like they are going after me or is the evidence really irrelevant?
Reply With Quote
  #11  
Old 04-17-2011
oompaloompa's Avatar
Executive [VIP]
 
Join Date: Jul 2008
Posts: 9,579
Thanks: 502
Thanked 1,474 Times in 1,184 Posts
Activity: 9%
Longevity: 88%
iTrader: (7)
Default

so zumba has your address? did you have a real return address on envelope, or is it a business acc where full address is viewable on listing - any of these? If so if you get a registered letter then get legal advice and do not reply or admit anything, the items you sent them are relevant. Most likely scenario, you are being warned off, just dont sell them again....
__________________
https://youtu.be/bn4t0BuClbw

Last edited by oompaloompa; 04-17-2011 at 01:04 PM.
Reply With Quote
  #12  
Old 04-17-2011
jeffweico's Avatar
Executive [VIP]
 
Join Date: Mar 2010
Posts: 7,220
Thanks: 895
Thanked 4,057 Times in 2,168 Posts
Activity: 0%
Longevity: 75%
iTrader: (12)
Default

I cannot say for sure if Johnson & Pham will actually file the lawsuit. However, I researched this previously and in every case where an actual suit was filed, their undercover buyer purchased a set.

If an actual suit is filed, before it can see a courtroom you will have to be served with the summons and complaint. This is normally done by the county sheriff or a private process server authorized by the court. Mail and email is NOT service.

If you are sued, then you DEFINITELY will need an attorney. Nobody on this forum, myself included, is qualified to dispense legal advice.

My best guess? You will revie a certified letter that is pretty much a copy of the email you received. If it were me, that is the point at which I would speak with an attorney. An attorney will be able to tell you what your options are and how much each course of action will cost. Then, you can make an informed decision as to how you want to handle it. The good news is, a good attorney will most likely be able to settle the case for a lot less than the $15k they are demanding.

And, whatever you do, do NOT try to deal directly with J&P. They are professionals with experience in these matters. You could easily end up doing or saying something that would do further harm. A lawyer will know what to say and do, and what NOT to say and do. And that IS very important.

Lastly, don't panic. It is not the end of the world. This won't be a pleasant experience, but you CAN get through it. And keep in mind that J&P CANNOT put you in jail - no private company or individual can. Only the government can do that. And I somehow don't see that happening for a few items. If you sold thousands of these, however, then you might want to move...

Last edited by jeffweico; 04-17-2011 at 02:24 PM.
Reply With Quote
The Following 2 Users Say Thank You to jeffweico For This Useful Post:
bballaw1 (04-22-2011), ShadyOne (04-17-2011)
  #13  
Old 04-22-2011
GVX GVX is offline
Junior Member
 
Join Date: Apr 2011
Posts: 4
Thanks: 0
Thanked 0 Times in 0 Posts
Activity: 0%
Longevity: 66%
iTrader: (1)
Default

the item I got in trouble for has encountered another snag. I do not intend to sell this or any other vero items in the future but there is an order that I ordered from a Chinese vendor before all this started.It has been a little longer than usual on the shipment and I got an email from the vendor today and the gest of it was "Louisville, KY, United States 04/15/2011 2:14 P.M. Awaiting release from Clearance/Government Agency" I would guess that customs will keep it? maybe If they confiscate it is there any legal issues that may come up with the government?.hope someone with past experience with a similar issue will chime in. Just to give a word of warning to the unsuspecting ebayer out there that if there is a suspicion of copyright or counterfeiting don't touch it with a 10 ft pole it is not worth it there is a lot more involved than just a little ebay suspension involved
Reply With Quote
  #14  
Old 04-22-2011
jeffweico's Avatar
Executive [VIP]
 
Join Date: Mar 2010
Posts: 7,220
Thanks: 895
Thanked 4,057 Times in 2,168 Posts
Activity: 0%
Longevity: 75%
iTrader: (12)
Default

If the item has been in customs since April 15th, it is most likely gone. The next thing that will happen is that you will receive a letter from US Customs advising that your items have been seized and explaining the procedures in place should you wish to appeal the decision.

It looks very official, just like court papers. Ignore it.

One POTENTIAL problem is that when this happens, the rights owner is notified. Some will come after you and some will not. If this was more of that Zumba stuff you mentioned, then J&P will most likely be sending you another demand notice.

The problem for you is that J&P has purchased a set from you that turned out to be counterfeit, and now they will have the evidence from a customs seizure. More than enough for them to easily win in court.

The only advice I can give you at this point is to speak with an attorney. The sooner, the better. The goal now is to minimize any damage, and the attorney will know the best ways to do that. Any advice from any forum members at this point would only be guesswork. We are not professionals in these cases. What is needed now is legal advice, not forum advice.

Sorry to be the one to have to break this to you.

Oh, yes, one final thought.... File a claim and get your money back on the purchase. You can honestly say you didn't know they were counterfeit. If they refuse, then a chargeback is in oder - assuming you paid with a credit card.
Reply With Quote
The Following User Says Thank You to jeffweico For This Useful Post:
ShadyOne (04-22-2011)
Reply



Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
ebay removed item mc019 jb29373 UK eBay Suspensions 4 02-12-2011 04:46 PM
MC019 listings removed. stillconfused Australia eBay & Paypal 2 10-21-2010 02:32 AM
MC019 Item removed when I know it is original Sandy D eBay Discussion! 19 10-20-2010 07:39 AM
MC019 eBay Listing Removed - What do I do? Archibald_Witwicky eBay Suspensions 9 09-21-2009 02:58 AM
Ebay Image copywrite Infringement wolfgang69 VeRO 1 06-11-2009 12:52 AM


Aspkin Group

All times are GMT -5. The time now is 11:51 PM.


Stop the guessing games and learn how you can quickly and easily get back on eBay today!
Read the best selling step-by-step eBay Suspension guide eBay Stealth!
Amazon Suspension? Read Amazon Ghost to get back on Amazon!
vBulletin® Copyright ©2000 - 2019, Jelsoft Enterprises Ltd.
Ad Management by RedTyger
no new posts