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Old 02-28-2012
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Default Item removed from ebay!!!

I had my item removed from ebay they said it was for a MCO19 trademark breach!! The item i was selling was genuine and I have explained that to ebay with no aval. will I be flagged if I try and list it again? They sent me a msg back saying as it was the first time they had removed the breach from my acc. Will all my listings be flagged now?

any advice ???
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Old 02-28-2012
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Welcome to the forum.

You got a lucky break.

Dont push your luck.

You have to be very careful about listing 'genuine' items. There's the VeRo program to be checked thoroughly or you could end up losing your account
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Quote:
Originally Posted by kerries View Post
I had my item removed from ebay they said it was for a MCO19 trademark breach!! The item i was selling was genuine and I have explained that to ebay with no aval. will I be flagged if I try and list it again? They sent me a msg back saying as it was the first time they had removed the breach from my acc. Will all my listings be flagged now?

any advice ???
YES YOU WILL and probably have your account suspended

Trademarks are the property of the rights owner, if they do not want their stuff being sold on e/b then they have the right to request that e/b remove it, irrespective of whether it is genuine or not.

e/b will not under any circumstances refute their right to have an item removed and will never heed what a seller claims.

This applies to both new and used items but I understand it can be different as far as US law is concerned but a very grey area.

Moral: Avoid brand names where possible or stick to brands that you know will not draw the attention of the rights owners.
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i'm pretty sure it was an ebay user that reported my item!!! I didnt put a photo of the reciept on the listing i have said to ebay i would be happy to fax the receipt but not had a reply!!! They said it was reported to be a ⊗⊗⊗⊗ item. Is there anything I can do to get ebay to ackowledge my item as genuine?

What about other future listings will they get removed aswell???

I only wanted to sell a few things and they are all genuine as Ive either bought them or my husband bought me them just wanted to sell a few thing i no longer use to buy something else!!
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Old 02-28-2012
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They may all genuine but you need to be sure they can be (on)sold.

That's the whole problem of 'genuine'.You need to be able to prove it & be aware of the potential of being reported.


You then need to carefully list whatever item.

Now ,say you race ahead & list again, ebay will take a dim view of a 2nd takedown even though they removed the 1st.Very inconsistent.
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So I will put a photo of my purchase reciept on any other items ive checked and the brand im trying to sell is ok to sell. Should I wait a while before relisting or not list that item again??


Thanks for the info
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Quote:
Originally Posted by kerries View Post
i'm pretty sure it was an ebay user that reported my item!!!
I doubt it as they can not take anything from a potential buyer that may claim the item is not genuine, how can they when the buyer has not actually had the item it's speculative and not grounds for a take down.

This kind of action is 99.99% of the time instigated by the rights owner or their agents.

There are instances where a competitor can upset things for you if they know how VeRO works but as you are not trading as a business and only selling one or two 'genuine' items this is probably not the case.

DO NOT UNDER ANY CIRCUMSTANCES EVER LIST THAT ITEM AGAIN ON THE SAME ACCOUNT.
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Thank you for all your info looks like i'll just need to keep my stuff then.

Cheers x
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Old 02-28-2012
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Welcome to the forum - all the best.
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Old 02-28-2012
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The only way you can list this again is to get permission from the VERO program member. They will want some proof that it is genuine. Even then, some will refuse to allow you to sell their items on eBay. Also, if you only have 1 or 2 items, it is probably not worth going that route.

Is it fair? No. But the fact is the Digital MIllennium Copyright Act (DMCA) gave a lot of power to the trademark owners and very little recourse to individuals who want to re-sell their items.

Like may other things in life, this is not right, but it is the way it works.
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Old 02-28-2012
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Yes I recently got my 1st VERO warning, did you read through the VERO guff they told you to read? I had to go through a quiz answering questions to show if I knew what VERO was all about, I dont know if it was a good thing that I got most of the answers correct, I suppose now I cant feign ignorance...!

Then again I've never knowingly sold counterfeit goods - I buy and sell collectables, mostly old stuff, so its not like I'm buying imitation goods to sell on as new / branded goods. I can imagine for some people though this whole VERO thing has caused all kinds of problems.
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Yesterday i had a sony pro duo adpator removed by sony 99p!! thing is was not even made by sony, they own the technology and can remove it anyway .Its now very hard to sell branded goods but it can be done with other brands or as you say permission form the rights holder.
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If you used the word SONY in the title that would explain the take down.

As you said the weren't the manufacturer so rightly asked for it to be removed. They license the tech to other manufactures and such items can be listed by their correct brand name i.e who actually made it.

You live and learn.
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Old 02-29-2012
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you do indeed lol , 99p too even high rated seller account guy was laughing! But today i got the policy compliance taken off .
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Old 02-29-2012
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Nice work.
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Old 03-01-2012
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Do you think I will be ok listing a different item on this acc without it being removed or will eBay be watching my acc? I have the purchase receipt that I could put a photo on!!
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Old 03-01-2012
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A different item that is low risk should be fine. Don't try to sell something that is deemed high risk - your account is on the hot plate for now. Let it cool - switch accounts if able.
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Old 03-01-2012
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The VeRO on eBay sucks big time. I had a problem with this a few months ago, with no luck resolving it. They are a law unto themselves. They even let others sell the same item.

eBay.co.uk are notorious for VeRO take downs, with practically no recourse for the seller.

On eBay.com, VeRO can be fought with a counter notice, but not on .co.uk.

I gave up on my item they kept removing, and now am doing better with something else.
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Old 03-02-2012
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Quote:
Originally Posted by eBay King View Post
The VeRO on eBay sucks big time. I had a problem with this a few months ago, with no luck resolving it. They are a law unto themselves. They even let others sell the same item.

eBay.co.uk are notorious for VeRO take downs, with practically no recourse for the seller.

On eBay.com, VeRO can be fought with a counter notice, but not on .co.uk.

I gave up on my item they kept removing, and now am doing better with something else.
VERO takedowns in the USA can only be fought with a counter-notice if you are accused of COPYRIGHT infringment. If you are accused of TRADEMARK infringement, you are totally at their mercy.

Also, there are SOME decent VERO members that WILL allow you to sell if they can be convinced your stuff is legitimate. But others could care less, they would prefer that their stuff was never on eBay at all. Burberry comes to mind - they are HORRIBLE!

Last edited by jeffweico; 03-02-2012 at 12:27 AM.
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