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Listing Removed For Trademark Violation

Last night I listed an item, here's the title: Jordan Air Yeezy 2 Red October w/Nike Receipt Size 10 Deadstock Kayne West NEW.  I included 12 original close up photos I took of the shoes, no stock photos.

 

The description was very simple, just stated actual item pictured, brand new, auction includes 1 pr. shoes, dustbag w/extra lacetips attached, original Nike receipt, cushioned inserts & box.  Ships USPS within US only.

 

Today the listing was removed for trademark violation with a link stating that counterfit items are a violation.  Just checked and there are over 200 listed now, many without the original receipt to prove they're authentic.

 

Can't figure out why mine was pulled.  I added plenty of pics I took myself of the actual item.  Have the original receipt (which was pictured) showing they were purchased directly from Nike and only had a simple description pertaining to the listing content.

 

I've read all the rules regarding trademark violations/infringement and just don't see it.  Any suggestions?


-:¦:-•:*'""*:•.-:¦:- Most issues can be resolved with patience, communication & understanding-:¦:-•:*'""*:•.-:¦:-
Message 1 of 30
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Listing Removed For Trademark Violation

Well, given that ebay is pretty much self policed someone must have reported the listing.

Rhonda and Bob-- Usually Bob posting
Message 2 of 30
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Listing Removed For Trademark Violation

I figured someone must have made a complaint, just can't figure out why.  I've gone over it carefully and read all the rules.  As far as I can see there's no violation and I know 100% they're authentic.

 

I'd like to relist but, if I did something wrong I don't dare repeat it.  It's really sad that there are knock offs running right now and I can't list the real thing without possibly being suspended.  Hoped maybe a fresh perspective might catch something I missed. 


-:¦:-•:*'""*:•.-:¦:- Most issues can be resolved with patience, communication & understanding-:¦:-•:*'""*:•.-:¦:-
Message 3 of 30
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Listing Removed For Trademark Violation

Advice is DO NOT RELIST them if you want to coninue selling on ebay.

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This is not contact eBay, it is a user to user system. i r a user.
Message 4 of 30
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Listing Removed For Trademark Violation

That's what I was afraid of.  Going to call tomorrow but it'll probably be a waste of time since anything they tell me will probably be wrong.


-:¦:-•:*'""*:•.-:¦:- Most issues can be resolved with patience, communication & understanding-:¦:-•:*'""*:•.-:¦:-
Message 5 of 30
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Listing Removed For Trademark Violation

Hi, DA ~ I have never had this happen, but I have read several different scenarios ~ Was it a VERO takedown?  If so, you should be able to contact the rights holder that reported the listing, as the name should be provided to you by eBay.

 

If it was a policy violation, then it was probably reported by another seller/competitor and eBay won't tell you who that is.  Is the asking price on the shoes considerably less than your competitors?

 

The problem with the receipt, as far as eBay is concerned ~ is that it could be a legitimate receipt for a pair of counterfeit shoes ~ yeah, I know, but that is how they look at it.  

 

I know that there are several authenticators for "brand name" widgets.  I used one for an item that I sold ~ no receipt, but had the authenticators name in the listing and directions on how to get in touch with them to verify authenticity.  They are inexpensive ~ I think I paid $7 and sent 12 pictures and then received an email that it was the real thing.  Try googling for Nike authenticators if the selling price is worth it.  Good luck and let us know what happens!

How much better life would be, if a liar's pants really did catch fire!
Message 6 of 30
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Listing Removed For Trademark Violation

Here's part of the message I received, there's no name of a reporter to contact:

 

"The listing that was removed appeared to violate eBay policy or a rights owner's trademark. Please remember that you are responsible for the quality and authenticity of the products that you offer on eBay. It is against eBay policy to list any counterfeit items.
For more information please see our Replica, counterfeit items, and unauthorized copies policy: http://pages.ebay.com/help/policies/replica-counterfeit.html 

Please be sure your current and future listings follow these guidelines, keeping in mind that additional violations could result in the suspension of your account.

 

If you have additional questions, contact our policy experts. http://ocsnext.ebay.com/ocs/cusr?query=1337&domain=email1418
Here are the listings that were removed: 131247657545 - Jordan Air Yeezy 2 Red October w/Nike Receipt Size 10 Deadstock Kayne West NEW"

 

And yes, my price was lower than most of the BIN's listed so I suspected in might have been a competitor.  I was very careful to take extremely clear. close up photos of all aspects that would be used to authenticate the shoes.

 

I'll try to find info on the authenticators you mentioned and see what comes up, the selling price is definitely worth the few bucks.  What worries me is, if there's no violation, and I really don't think there is, what's to stop someone from reporting me agin if I relist.  Would this authenticator service be protection enough?  Doesn't look like eBay bothers to check on these reports, just assumes you're guilty and hits you with a violation.  If it happened again I could be suspended.  In the meantime, the ones that are counterfits are selling like hotcakes.


-:¦:-•:*'""*:•.-:¦:- Most issues can be resolved with patience, communication & understanding-:¦:-•:*'""*:•.-:¦:-
Message 7 of 30
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Listing Removed For Trademark Violation

Interesting, to say the least, as you can't really tell if it is a VERO takedown or just a plain old policy violation ~ but I would definitely be contacting the "policy expert" first thing tomorrow morning!

How much better life would be, if a liar's pants really did catch fire!
Message 8 of 30
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Listing Removed For Trademark Violation

You may want to take a look at this thread.

 

http://community.ebay.com/t5/Selling/Selling-Account-Suspended-Indefinitely/td-p/22173050


Everyone has options. Just be sure the best option is right for you.
Message 9 of 30
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Listing Removed For Trademark Violation

So I called eBay and got squat.  Apparently, since my husbands name is first on the account and mine is second they need his permission to speak to me.  Although the account has been exactly the same for 10 years and they could always speak to me before.  He did say in the course of the conversation he's not allowed to divulge who registered the complaint.  BINGO!  That answered one question, really sad that there are sellers with so little confidence in their ability thay have to resort to sabotage.

 

I'll definitely be calling back once I have "permission".  Seriously?  I feel like I'm in kindergarten.

 

lovethose49ers, I read the thread your suggested, not sure what your point is.  If you're insinuating they may be fake I assure you they're not.  The shoes are 100% authentic, straight from Nike, I legally own them and have the receipt to prove it.  Therefore, I have a right to sell them.

 

If you're trying to illustrate the consequences of listing them here I appreciate the heads up.  I know I'm on a dangerous path, and can potentially be suspended.  Will proceed with caution but plan to fight this tooth and nail.

 

Anyway, that's the update for now, will keep you posted.  Thanks.


-:¦:-•:*'""*:•.-:¦:- Most issues can be resolved with patience, communication & understanding-:¦:-•:*'""*:•.-:¦:-
Message 10 of 30
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Listing Removed For Trademark Violation

What that thread said was that you have to have permission from Nike to sell their items as new. If you had listed the item as used, you probably would not have been pulled. Many large companies and smaller artisans do not allow you to sell their trademarked/copywrited goods as new. I am surprised it doesn't happen more often around here.

 

With all that said, you probably won't get very far with ebay CS and I would be cautious about trying to get around it by relisting them differently. Once they kick you out of their sandbox, they will not let you back in.

 

You could try Craigslist but there are a lot of crazies that sell and buy on that site.

Message 11 of 30
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Listing Removed For Trademark Violation

ebay did this to me with something from Chanel. I called and got them to let me list it since I also had a valid receipt. And yes, I think another seller reported mine because I started my listing a lot lower.

 

Call back if you really want to sell these shoes, like you said there are 100s more listed. Ask them EXACTLY what in the listing made them pull it. I had to change something in my listing, never would have guessed at what it was, so ask them what was reported.

Message 12 of 30
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Listing Removed For Trademark Violation


@darkangel689 wrote:

 

 

I'll definitely be calling back once I have "permission".  Seriously?  I feel like I'm in kindergarten.

 



Your dealing with corporate America and your surprised by this?  Be kind and gentle and remember that corporations are people too, just very, very immature people.

Message 13 of 30
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Listing Removed For Trademark Violation

About 6 months ago I had a Jordan listing closed.  Similar to darkangel I take large clear pictures of all angles of the shoes, and my starting price was low.  When I called eBay the person from the listings said eBay's "Jordan experts" thought the shoes were fakes.  When I asked what made them think they're fakes, and the person got upset and said "the Jordan Jumpman was at the wrong angle".  I then asked her what I could do to prove they're genuine and she said sent eBay a copy of the receipt.

 

The next day I called inquiring where and how to send copies or pictures of the receipt I ended up with the same lady from the night before.  Her response was don't bother, and if I try to relist them she'd close my account, then she hung up.

 

Then today ebay closed 2 more listings of mine.  Here's part of the text from eBay message:

     After reviewing your account, we've had to take the following action:
- Some or all of your listings may have been removed. A list of any removed items will be listed further down in this email.
- We have credited any associated fees to your account.

We don't allow replicas, counterfeit items, or unauthorized copies to be listed on eBay. Unauthorized copies may include things that are bootlegged, illegally duplicated, or pirated. These kinds of things may infringe on someone's copyright or trademark. For more information about our replicas, counterfeit items, and unauthorized copies policy, go to:
http://pages.ebay.com/help/policies/replica-counterfeit.html

 

 

I called eBay Customer Support.  The ebay listing lady said I could relist if I show a picture of the receipt, and to decribe better.  I asked what she meant, she replied well list the dimensions.  I'm not sure how that helps authenticate the shoes, but I'l do it.


 It sounds like from the other replies that another seller may have sabatoged my listings.  I start my listings low to encourage bidding, but perhaps that triggers the "Jordan experts".

 

Any suggestions?

Message 14 of 30
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Listing Removed For Trademark Violation

Hi @wjw56

 

This is a pretty old thread you revived.  It's always in your best interest to start your own thread for your individual issue so we can offer help if possible.

 

Do not relist that item right now.  That listing is still on the bot's radar.  Even if you do it all correctly with edits/updates, the listing itself is the issue now.

 

I wish I had a better answer for you regarding the rest.  I'd be very unsatisfied with that woman you got twice and would be very suspicious about the 3rd who who told you to relist (relisting a pulled listing is always a bad thing).  I'd be on the phone again to make sure my ducks were in a row.  If not, you could be risking your ability to sell here.


- Suzanne -
Message 15 of 30
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