Question about Listing Removal

[CaptainComedown]

Hi folks, I haven't posted in here for a while, and I hope everyone is keeping well!

I recently had an item removed by Ebay as "counterfeit". The item is my own IP and submitted the Copyright Certificates to Ebay and after 3 days they approved the appeal and re-instated my item.

I believe a competitor who sells a similar item made a false claim to remove the listing. (i have been having trouble with him)

My question is, now that I have submitted the copyright cert and the item has been approved by Ebay, can my competitor still get it taken down again?

I'm hoping maybe not, just because I have provided docs and Ebay have confirmed them to be real etc but I was hoping someone might have experience with this?

[Hank]

Yes they can. Your 'copyright certificate' was your defence, it isn't logged anywhere as a means of protecting you against further attack.

What exactly is it you've copyrighted, is it merely a trademark you're applying to white label goods?

[CaptainComedown]

Well thats unfortunate, I was hoping it would bolster the listing a bit because I have submitted the requested documents and been approved to relist the item.


I have copyright certificates registered with the UK Government for the product, associated files (instruction manual etc), images and listing description content.

[Hank]

Ebay just don't have the means, or will, to monitor and understand every copyright document.

They work on a guilty until proven innocent approach, which I kinda get from their perspective. Not that I'm condoning it.

You've defended yourself once, I guess you can do it again, but the question you need answering and I can't say for sure one way or the other, is whether each attack and subsequent defence keeps your account 'clean'.

Can I imagine a situation where your account is attacked a dozen times and defended a dozen times and subsequently being suspended...you bet I can.

There are simply too many anomalies for ebay to manage. What if someone has the same wares registered with another copyright office? US, EU, Asia etc. Would your UK one be adequate defence? What if it pre-dates yours? What if someone claims to hold the patent or intellectual property rights to the goods? Ebays drones cannot be expected to understand international law an apply it correctly.

Is it safe to say that you did not design the goods and hold a patent?

Your issue has been seen before many times on this forum alone, I doubt it ends well.

Only you can decide how far you're going to push this claim to the wares, but ask yourself this. If you were ebay and had ongoing complaints about a seller and kept having to manage all the toing and froing, what might you eventually decide is the best thing to do?

[CaptainComedown]

Yeah that makes sense, I know what Ebay are like to deal with and most of their decisions are made by part time call centre employees!

I won't let them attack my account repeatedly, if it happens again I will probably just put that ebay account on ice for a few months and VERO the other company until they give up trying to sell it on ebay. Seems like the cleanest way to deal with the problem and then when I go back to the account it might be safe to sell again

[murdered_by_ebay]

for ebay you are just one of many so they can take down any item and the system automatically calculates how many times items were removed

subsequent restrictions for 3 and more days would follow once a certain number of removals occured , it does not matter if you present docs , removal remains in the system

[rsot]

Originally Posted by murdered_by_ebay

for ebay you are just one of many so they can take down any item and the system automatically calculates how many times items were removed

subsequent restrictions for 3 and more days would follow once a certain number of removals occured , it does not matter if you present docs , removal remains in the system

Very easy to store data like this