 VeRO member removing our listings
I am looking for advice regarding an on-going IPO dispute I am dealing with.
I work for a company called Barnes JB Ltd in the UK. We are primarily suppliers of a wide range of tools to trade and the general public. We have been in business for over 50 years and we sell through two of our own sales premises, three of our own websites and eBay. We have recently imported a large number of tool chests from the far east and begun selling them here in the UK (through all of the sales channels mentioned above). These tool chests are generic tool chests which are imported and labelled with “US. Chest and Box Co.” (Our brand name for the chests) stickers.
The problem I am having to deal with is regarding our eBay sales of these chests. When we initially listed them we had no problems but about 4 weeks ago we suddenly and without warning had all our listings for the tool chests (22 at the time) removed after a member of eBay’s VeRO programme claimed we were infringing on their copyright and IPO. This individual also imports similar tool chests from the far east and labels them “US. Pro Tools”. Having followed eBay’s guidelines on how to handle incorrect VeRO removals I am beginning to think I will not simply be allowed to relist the items without the need for legal action.
I have been in contact with the individual who requested the removal of our listings and he is claiming that by using the word “US.” as part of our brand name we are infringing his copyright and IPO rights. Having been handling this matter for several weeks I am beginning to tire of it and frankly I am getting nowhere! I don’t believe we are infringing on his Copyright/IPO rights by using the word “US.” In our brand name but I am looking for clarification. I can confirm he is the IPO for the brand “US. Pro Tools” but I am trying to find out if branding our tool chests as “US. Chest and Box Co.” is a breach of his rights as the IPO of the brand “US. Pro Tools”. I personally believe he is abusing the VeRO programme to unfairly have his legitimate competitors’ eBay listings removed. (He as good as admitted that is what he was doing when I spoke to him on the phone)
I have been informed that I cannot file a counter-notice as this is a non-U.S. dispute so that option is not available. As this issue has dragged on for a month now we have not been able to list the items on eBay and are losing potential sales. eBay is doing very little to help alleviate the situation and I really just wan't to see the back of this.
Please could you advise me whether, by using “US.” as part of our brand name, we are infringing on his copyright and IPO rights as I am considering taking legal action against the individual in question for damages to our reputation and loss of sales.
I hope the information I have supplied is clear and enough for someone to advise me accordingly but if you need any more details or clarification please let me know.
Thanks for looking,
Jamie
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