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Need Help-VERO listing removed, reinstated and removed again
 

I am hoping someone can help me. Some lady had 2 of my listings removed. I filed a counter-notice 4/17/13 and eBay said I could relist them on 5/1/13. I waited until 5/6/13 to relist them just to make sure enough time had gone by(eBay says 10 business days, the law says 14). I relisted them using the relist link eBay had told me to use. Today, 5/13, they have removed one of them again and the little note from the VERO member says "This Pattern infringes on my copyright ( as you should know from before ) and has started litigation between the Lawyers.
Only copyright owners can copy, distribute, perform, or publicly display their work. Unauthorized copies include (but aren't limited to) backup, pirated, duplicated, or bootlegged copies."

Is there anything I can do about this? Can she just keep having my listings removed even though she didn't respond to the counter notice and there is no lawsuit against me? Do I have to keep filing counter-notices and waiting 2 weeks and then relisting it and then have it taken down a week later? :doh:

Seems like the item you are selling is too hot to just relist without clearance. Why dont you get something in writing from this original party to send to eBay so your listings will be stronger?

Guess a lot depends on your item

Go to this site

Tabberone. Great fabrics and collectibles.

She defines exactly what to do under these types of takedowns.

takes a bit to get to her specialised area on that site. LOL


Good Luck
:peace:

Just the home page looks tight:

m3 girl designs LOSES Lawsuit! After its phony infringement demands failed, m3 girl designs began suing other companies into compliance in 2009. Blue Brownies fought back and on June 27, 2012, the jury verdict was in. The federal jury rejected ALL of m3 girl designs infringement claims. CLICK HERE to read about m3 girl designs and its phony claims.

I did get the actual certification of copyright from the company that owns the pattern but eBay doesn't care. The VeRO party says it is an infringement, therefore, eBay believes them.

The company that owns the copyright called eBay on my behalf and they said they couldn't do anything because it wasn't her account. They told the lady at the company that they should become VeRO members which they are now in the process of doing. I don't think that will do much good though.

I did go there in the first place. That is where I learned that I could file the counter claim. I emailed her to ask what to do about this and she was very helpful. She said to file another counter claim and that I am probably going to need to sue this person. I have faxed the counter claim to eBay twice in this past week and they have not acknowledged receiving it. What a PITA this all is.:mad2: Since she did not respond to the first counter claim, they are allowed to keep it listed but they won't respond to any emails from me nor email to let me know that they have received my counter claim.

item has been reinstated again
 

I sent eBay another Counter Notice along with a message saying I shouldn't have to file one because the VeRO member didn't respond to the first one. Here is what I wrote and attached to my Counter Notice: :typing:

"eBay's VeRO Team reinstated my listing on
May 1,2013.
Today, May 13, 2013, my relisted item was removed again. I am filing this Counter Notice again but there
was already a Counter Notice filed for this item on April 17, 2013. Since the VeRO member did not file a
lawsuit within 14 days, the ISPAA/eb host is required to restore the material to its location and I should not
need to be filing this Counter Notice again.
The Safe Harbor Provision of the OC1LLA states that because no lawsuit has been filed, eBay is required
to put the listing back up. Why has my listing been removed again?"

and they finally replied this afternoon: :ranger:

Dear XXXX,

Thank you for contacting eBay in regards to the item that was removed through our Verified Rights Owner (VeRO) program.



I have reviewed the listing in question and found that we should not have removed it due to the counter notice that you filed. As such, I have reinstated the listing to your "Unsold items" folder. You are welcome to relist it from there.

Since we have reinstated the listing in question, 4004827XXXXX, a counter notice is not necessary.



It is my pleasure to assist you. Thank you for choosing eBay, and I wish you continued success in all your future transactions.



Sincerely,



XX.

eBay VeRO Team
====================

I removed the item number and names from the email message.

Anyhow, hopefully this won't happen again and this info will help someone else. :yar:

Nice results karfam! Congratulations

Thank you! I was surprised to get them.:clap:

Yes, Tab is a very clever lady.

Good work for persisting with your rights.

Bear in mind to be careful for the future with these listings.

:ranger:

That's awesome!

Where there is a will, there is a way

:juggle:

tab was a member on the forum a while back, I seem to remember....

Supplemented with the knowledge :)

Would be logical :)

Re: Need Help-VERO listing removed, reinstated and removed again
 

karfam has not been seen in ages after the accident...

Re: Need Help-VERO listing removed, reinstated and removed again
 

Haven't had any more problems...posted my results...;)