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30 Day suspension
 

This my story. Started selling 5 years ago on Ebay.

Got my top rated ,power seller ,99.8% Feedback and what not.

I sell mostly shoes and clothing. Vans,Nike,Converse etc.

Back in september ebay started removing some of my listings due to "copyright unauthorized images"

What happened is that i had some Vans shoes and it looks like i took their pictures without knowing it.

They kept removing my items every once in awhile and then i took some time and went trough every single Vans listing and changed the pictures.

Once i did that i got my first 7 day suspension.

Of course called Vero, they said you have to talk to someone from Vans.

I tried sending e-mails , calling no response.

Called back E-bay and they removed my 7 days suspension saying they will email Vans on my behalf to find out what is going on.

5 Day later Boom, 30 days suspension. This time its saying my items are counterfeit .

They removed 4 listings, i used my own pictures,provided style number and upc codes.


Called Ebay and as always there is nothing they can do.

So i called Vans, called the company that Vans hired to get those listing removed , Company called "http://www.opsecsecurity.com/"

So its been almost 2 weeks of calling and e-mailing no response.

Im buying all my Vans shoes at the local Vans outlet and i keep all my reciepts of course. My Vans inventory is anywhere between 5 and 10 thousand items.

Im stuck as many of you and it doest make any sense to me just to wait for the suspension to be over and then list again and get banned forever. Also it doesn't make any sense going to Amazon they can and they will do the same thing to me. So i wanted to get some attorney opinions as this is my full time job and im freaking making good money and i invested too much time and money.

I got 5 attorney responds they are pretty much the same this is what some of them told me:

"Follow the eBay dispute procedure. In parallel, write a certified cease-and-desist demand letter to Vans. If these don't work, you may sue Vans for tortious interference with trade, contractual relations, business expectancy... slander... and any other claim under the facts."



"You are on the right track....E-bay is acting because Vans has complained. You need to get in touch with Vans to explain your situation and tell them what proof you have that your items are legitimate. If you are having trouble reaching them, contact E-Bay and get the details from them about who told them you were selling counterfeits; ask for a copy of the communication they got from Vans, which should include some contact info.

Unfortunately, the timing is horrible - with Christmas looming, many people will be unreachable. You will need to be persistent. It will probably take you a little while to sort it all out, but if you keep at it and the facts are as you say, you should be able to make Vans understand that your items are legit, then get them to tell E-Bay to back off, then get E-Bay to put all of your listings back up.

I would also recommend that you review the E-Bay user agreement, to see what it says about their authority to take down listings or suspend you, and what redress it may give you in those circumstances.

If Vans refuses to revoke its instructions to E-Bay, you should consult a business attorney with litigation experience, who can contact Vans on your behalf and demand that they take action at risk of being sued for libel and for tortious interference with your relationship with E-Bay."


I was just wondering if any of you had some issues with Vans and this opsecsecurity douches, and of course any suggestions or questions are welcome.

Re: 30 Day suspension
 

Welcome, seems like now a days there's a new company popping up doing the type of service provided by opsecurity. I don't think your going to get anywhere....Vans sent you to opsecurity, then opsecurity gonna send you to Vans and so forth, basically your gonna get the run-around since your not an official reseller. Maybe you could file for a re-sellers permit with Vans since your already buying large quantities.

Anyways, wish you the best of luck.

Re: 30 Day suspension
 

Yeah, I agree with MM78. Despite what the lawyers told you, Vans has the right to request the removal of your listings since you aren't authorized by Vans to sell their stuff.

It sucks. Cases like this make me wonder what the point of buying genuine stuff is. The company is gonna pull your listings regardless, just like if you were selling foofoo's

Re: 30 Day suspension
 

Its really confusing actually . We all know supreme court said You legally bought its yours you can resell it,its like you can but you really cannot. I just feel that i got fooled by Vans outlet store . Why did you let me buy all this stuff if i cannot resell.

Some big brands will tell you that,my brother wanted to resel Bose and they told him right away don't even bother.

I wad thinking about applying to become authorized reseller for them but they dont want you to sell online. They want you to get a store front. Wich im not sure i can do,even tough i got more than enough items to start with. Its a bigger game and i dont know anything about running a store.