eBay MC019 Trademark Vero Notices

greedBay · #1 12-20-2010

Hello. I just received two MC019 Unauthorized Trademark violations from eBay and had my items removed. Do you think they will take me to court/sue me? Can provide more details in PM, but here is the email, with some information not included. Please help, I'm a little nervous about this. Thank you. (The other email was similar, had 2 item numbers and a different contact email).

Dear xxxxxxxxxxxxx,

You recently listed the following listing:

xxxxxx
xxxxxx
xxxxxx
xxxxxx
xxxxxx

Your listing has been removed.

Your item was removed because of a request we received from xxxxx 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 xxxxxxx directly at name@xxx.com with your questions or concerns.
- Wait 7 days for The xxxx 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 xxx please contact us by simply replying to this email.

The rights owner or an agent authorized to act on behalf of the rights owner, xxxxxx, 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.

It's against the law to sell ⊗⊗⊗⊗, counterfeit, or pirated products.

Your listing was removed because the item in your listing was reported by the rights owner as a ⊗⊗⊗⊗ or counterfeit through eBay's VeRO Program. Due to this report, please do not attempt to relist, advertise, or offer this item for sale on any eBay site or service around the world.

Here's more information on our policy:
http://pages.ebay.com/help/policies/...unterfeit.html

And you can learn more about trademarks here:
http://pages.ebay.com/help/sell/trademark.html

If you have additional questions in regard to contacting the VeRO Member or if you need additional information on how to contact the VeRO Member, you can chat with one of our policy experts.

You can reach them from 6:00AM to 11:00 PM MST. Get started by clicking the link below.
http://contact.ebay.com/ws/eBayISAPI...rmat=1&pid=827

You may need to take a tutorial. If it's required, you may be asked to take it the next time you sell. Once you've completed the tutorial successfully, please review your account status for any other possible concerns. If there are no other issues, you should be able to sell again.

To take the intellectual property tutorial, please visit:
http://pages.ebay.com/help/tutorial/...ial/intro.html

Please be aware that any additional violations of this policy may result in the suspension of your account. We understand that you may be concerned about this situation.

We encourage you to contact xxxx directly if you have any questions.

You can send an email to: xxxxx@email.com

For more information on how eBay protects Intellectual Property, or for additional information if you believe that your listing has been removed as a result of an error or misidentification, please visit the following Help page:

http://pages.ebay.com/help/policies/...s-vero-ov.html

For more information on why eBay may remove a listing, please visit:
http://pages.ebay.com/help/sell/ques...ing-ended.html

Please be assured that your listings have not been targeted in any way. We review all listings that are reported to us by eBay members or Verified Rights Owner (VeRO) program participants.

Thank you for your understanding.

Sincerely,

eBay Trust & Safety team

H53860

museman · #2 12-20-2010

Is it your real name and address? For the most part I think you are in the clear (depends who you are dealing with) unless you have ignored a previous cease and desist or have an extensive sales history. Don't sign for any registered mail you aren't expecting and do not contact them or have any dialogue with anyone that may contact you. Tell them that person doesn't live here and you never heard of them.

greedBay · #3 12-21-2010

Does anyone have anymore input on this? Thank you!

cardfelon · #4 12-21-2010

Really don't have much to worry about. People get these notices all the time. The only companies you need to worry about that seem the most active in going after sellers are Microsoft, Adobe, Beachbody and Ugg boots. So if you were selling any of those and the account was in your real name then they may contact you.

Don't relist the same product again on that account. If you push the envelope then your account will get suspended.

jeffweico · #5 12-21-2010

I would stay away from counterfeits. Seriously.

But, the VERO members issue takedown notices all the time, it also happens to people listing legitimate items.

If your items are legitimate, you can contact the VERO member and ask them to allow you to sell them. If they are not legitimate, then this is a sign to stop selling phakes. Years ago, you could get away with it easily. But those days are gone.

But the odds of them actually suing you are very remote. Unless you are doing this in volume, or you continue to relist.