eBay

auctionworks1 · ‎12-13-2023

I listed a set of sitting elves with the following title, "Pair of Elf Shelf Sitters Cute Plush Elves Heavy Bottom Bells on Toe and Hat New". These are made by a company called JWM for Hallmark. They are new with tag. Here is the description I included...

Elf Shelf Sitters

JWM - Designed by Becca

Both are new with tags and in mint condition!

They measure approximately 25" long. Please see photos for measurements.

They have a bean-bag type bottom that's fairly heavy so they sit well and stay in place.

They are semi-poseable, as you can see in the photos. Move the legs around and lean the heads together etc.

You can't go wrong with these! They're sure to be a hit at your Christmas gatherings!

I got a VeRO from the Elf on the Shelf company. I emailed them and asked why, and their response was:

"Please note that your listing was reported for the use of the phrase 'Elf on the Shelf/Elf on Shelf' in the listing title or product description, which is confusingly similar to the registered wordmark "THE ELF ON THE SHELF" of our client. This constitutes trademark infringement. "

My position is, I didn't use either of the phrases they mentioned in their email response. The closest I came to that was "Elf Shelf Sitters"; however, that's what these are... Elves that sit, and the ideal place for them to sit is a shelf, so that would be the best description. These are totally different that the Elf on the Shelf. I just think it is a real stretch to call this a rights violation.

My question is, do I have a chance of winning an appeal on this? I'm not interested in relisting, just want to get the VeRO strike off my account.

Thanks for any help!

simba6 · ‎12-13-2023

The bots flagged out the words "elf" and "shelf". I would not list them again as you can be banned from selling for life it eBay keeps removing them.

I keep my elf sitting on top of the toilet tank just to avoid such issues.

auctionworks1 · ‎12-13-2023

Thanks, I'm not planning to relist, don't want to chance another VeRO. Just hoping to get this one removed from my account. Wanting opinions on whether I have a chance in getting eBay to do that for me.

b86fiero · ‎12-13-2023

Up to you whether to file an appeal.

I won an appeal around three years ago. I got a VERO for using the capital letter "L" and the words "left right center" in a title. Company claimed they had ownership of the capital letter L and the words left, right & center could be confused with their LCR game.

I won and eBay gave me written permission to list my item. And I eventually sold over 700 of that item.

toomuchstuffagain35 · ‎12-13-2023

Folks here always give the advice to "never relist that here" which just means these predatory companies win all the time.

Heck they don't even have to acknowledge any emails sent to them.

"If a product doesn't sell, raise the price" - Reese Palley
"If it sold FAST, it was priced too low" - also Reese Palley

tobaccocardyahoo · ‎12-13-2023

IMO you crossed a line where it is unclear whether you did or did not infringe the trademark, and only a court can decide the issue.

What Ebay might do is unpredictable.

In a situation like this staying close to what Hallmark has done for the product, and not adding words to try to bring Elf on the Shelf buyers to your listing is the prudent course of action.

Good luck.