Item removed wrongly removed

[pepper]

l have had an item removed from ebay. l contacted the rights owner asking why as it isn't a well known branded item. l don't sell vero items all my items are non vero.

He said it was trademarked and the item was the violation. l have checked to see if it is trademarked and it is in fact NOT. Also in my understanding you can only trade mark a name and the item itself would need a patent.

What do l do now as l want to keep selling them and ebay has pulled them? How do l go about getting them back on ebay? l want to contact him and question further but don't want to seem like a smart ass, as l really didn't think l was doing anything wrong and l still don't.

The item has no wording or brands on it at all therefore how am l violating a trademark, especially when there isn't even one?

[che2009]

Yes, there are some crooked immoral sellers on Ebay that think they own the rights to everything under the sun and nobody else should be selling it. So they go around removing all listings that could potentially take away from their sales. People like that you should give him the smart ass attitude. It's too bad Ebay always gives assh*les like that the benefit of the doubt.

Reminds me of the Australian company a few years ago that was promoting their cell phone watch which they hadn't even put to the market yet. And then they kept removing all listings for cell phone watches from China as if they owned the rights to cell phone watches. A cell phone watch is nothing more than just a very small cell phone with a wrist strap. It's like someone claiming to own the rights to the hammer and nail.

[jeffweico]

Originally Posted by che2009

It's like someone claiming to own the rights to the hammer and nail.

Ummm... Sorry, but *I* own the rights to the hammer and the nail!
and to 97% of the world's food supply....

[WasTopRatedThenBanned]

Try to sell it on Amazon. Good Luck.

[GreenBean]

If the item was removed on an MC019, then you can challenge that. You need to be 100% sure it is not trade-marked.

http://www.aspkin.com/forums/vero/97...hallenged.html

Read this and we can discuss it further

[che2009]

Originally Posted by jeffweico

Ummm... Sorry, but *I* own the rights to the hammer and the nail!
and to 97% of the world's food supply....

Are you referring to Monsanto? The company who prosecutes farmers for saving seeds from last year's harvest. The company who forces farmers to pay for their overpriced genetically modified seeds every year because they think they own the rights to corn, wheat, soy, etc.

[pepper]

Thank you everyone for your help. Greenbean the link was very helpful.

It's so ridiculous that ebay just takes vero members word that they own the rights. Surely they could use their brain and ask for proof.

[oompaloompa]

ebay dont care about proof they take you down and get you to slug it out with perceived owner. How did you check that the item was not branded by the way, as there is no real central database that covers all countries, plus I have come across patents on packaging and concepts, or even small working parts, as opposed to the whole item, and it gets real confusing. I am interested, as I have come up against this a few times, I get the impression they are so vague about ownership sometimes, they know you will give up and go away. Its real frustrating when you have 100+ of these in your storeroom! I recently listed goods bought at a sale in a well-known store and got a takedown, the BS lawyer contacted me with vero issues regarding copyright of just one aspect of goods, and I said why dont you sue the store that sold them, no reply - why they dont want to take on the store, they want to take on the little ebay seller, I contacted ebay with receipts and they did not want to get involved.

Some of these companies do have a legal right to protect stuff, I think others BS their way thru it - I mean sometimes I think the caveman that invented the wheel and fire and wotnot should sue all these companies for the ideas they stole...