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MC019 Appealing with a counter notice
 

Just had a few items removed and i emailed ebay.co.uk for a counter notice form to appeal and i received the below reply

I understand you are concerned about the removal of your listings as you feel they have been removed incorrectly and so would like to file counter notice regarding this removal. However, please know that the counter notice process is provided by eBay US only. As you listed your item on the UK site we won't be able to provide you this form.

I was told the only option is email the rights holder directly and if they do not reply inside 5 days ebay will try and contact them. But as it stands it looks like i cannot use the counter notice option??

Thanks

Yes, funnily enough what ebay have told you regarding this is correct.

Counter notices are not available on ebay UK.

Good luck with contacting the rights-owner.

Even if you do contact the rights owner they will give you a standard letter they reply to everyone with.

Many thanks for the replies

This is gonna sound strange but can another user supply a phony report? It's just there is something off about my auction takedowns. Another user started using my photos and after my auctions were pulled he/she has listed a ton of auctions ( all of which are still on ebay )

Plus the person acting on behalf of the rights owner said they we acting on behalf of company that sells books
I wasn't selling books, never sold a book on ebay ever!

Also i have checked ebay and person / company who reported my auctions is not a member of the ebay vero program. So it just looks like they have faxed a report to ebay claiming they own the rights

So my next course of action is i will be emailing ebay and the rights owner giving links to all the items i was selling which are sold on amazon and asking how a book company has rights to these goods

What do you guys think? Or should i just let it go? Been selling on ebay for over 5 years and my first vero

Advanced business tactics - would not be surprised if people do...higher level of stealth operations hah

If they are the rights owners you dont have a leg to stand on... even if there genuine.

Thanks for the replies, i emailed the rights owner and received a scary reply!...Of course i am not going to sell anymore! Do you think the rights owner will take it further? ( rights owner in the US , i'm in the UK )

Do i reply to the email or just ignore and walk away?

Some of which was said the following


1. Immediately cease all reproduction and sale, or any other unauthorized distribution, of the Infringing Products, and destroy all materials used to create unauthorized copies thereof;

2. Refrain from selling and/or posting the Infringing Products in any format on eBay, or at any other locations;

3. Provide an accounting which lists the Infringing Products produced and sold by you to date, the revenue derived from those sales, and any inventory remaining in your possession and/or control; and

4. Provide a written undertaking that you will refrain from these actions in the future.

reads like a standard letter to me.

id give it a wide birth, all the products in the world is it really worth it ?

Thanks yes i totally agree. I should point out when ebay pulled my auctions i canceled the other auctions myself as i do not need the hassle. I never replied to rights owner email but now received another email saying i have week to reply ( see below )

"Your failure to respond to and comply with our demands puts you at risk of being subject to liability for willful infringement"

what do i do? .I have no problem telling them i won't be selling any more items, but is this me saying hey i am guilty and opening myself up to something nasty!

They are in a different country than you, don't lose any sleep over it.

I have had a few messages similar to yours over the last year and nothing ever happened.

Good luck.

Many thanks for your help and putting my mind to rest

This is a very interesting situation. I find it very amusing that companies that operate overseas ( the USA in this case ) use the same methods as they do locally, when chances are they have absolutely no idea how the law of another country ( the UK ) works, or even care about. eBay is no help in a case like this with USA customers, much less with customers in another country. Any company that feels threaten by the items you are selling on eBay will have their lawyer firm minions come after you with a Cease & Desist letter, which I believe is what you got in an e-mail? not even a hard copy, which should hint to how serious they are about this. All they can do is threat with action against you over something they do not even have proof of, so maybe you will cough up some money. You are completely safe, and have zero liability just because you are not in the USA. All this really comes down to is action vs. reward. These law firms will only sue when they are absolutely sure there is something in it for them, because the lawsuit process is VERY expensive , they will not even bother with international cases, unless there is hundreds of thousands to millions of dollars involved. If you ever get contacted again, redact a very sarcastic letter that basically tells them to shove it, I did and never heard from these as****es no more! Last thing, it may be time to go full stealth if you want to keep on selling this item.