cancel
Showing results for 
Show  only  | Search instead for 
Did you mean: 

Imitation VERO letter

I know about vero letter and always very careful of what I list.  I think I got a fake vero letter, well they didn't even say vero. I am selling bulk used electronics and got a letter from a zero feedback account that whose user name was a variation of Pete Sampras I replied and said I am very sorry and didn't know I was unauthorised to sell this product.  I asked for a company contact email and a phone number to discuss it further.  The email stated they have my address and didn't want to start litigation against me. (not sure how possible)  The email came from New York at 1 am and the name at the bottom was the ceo of the large company.  I think it is a competitor trying to scare people off.  Has this happened before?

Message 1 of 16
latest reply
1 BEST ANSWER

Accepted Solutions

Imitation VERO letter

I am second to Lynn,

When you get emails like that you have nothing to gain by replying. 

Except now if shoves comes to push you can not say that you did not know. They have your reply recorded.

 

That is why any "normal" lawyer will send you a registered mail. To obtain your signature.

 

Anything less than that you just hit delete.

 

View Best Answer in original post

Message 5 of 16
latest reply
15 REPLIES 15

Imitation VERO letter

Of course it has happened before.

If a genuine rights-holder sends you a C&D letter (a hard copy, by certified mail) that meets all legal document-related requirements to be recognized, the rights-holder can take you to court even if you comply. There is no VeRO membership requirement when it comes to pursuing a legal remedy for trademark, copyright, or IP rights infringement.

VeRO membership/program is what ebay uses to comply with "safe harbor" statute that grants content hosts immunity from suit by a rights-holder. ebay MUST remove listings when a VeRO member or their designated agent reports listings they claim are in violation of the rights-holder's legal protection.

Message 2 of 16
latest reply

Imitation VERO letter


@acar8174 wrote:

Of course it has happened before.

If a genuine rights-holder sends you a C&D letter (a hard copy, by certified mail) that meets all legal document-related requirements to be recognized, the rights-holder can take you to court even if you comply. There is no VeRO membership requirement when it comes to pursuing a legal remedy for trademark, copyright, or IP rights infringement.

VeRO membership/program is what ebay uses to comply with "safe harbor" statute that grants content hosts immunity from suit by a rights-holder. ebay MUST remove listings when a VeRO member or their designated agent reports listings they claim are in violation of the rights-holder's legal protection.


I've successfully sued and won in Civil Court in Ontario, Canada against a company that was illegally using my logo on their website. I had to serve the company and court with a "Statement of Claim" (similar to C&D) summarizing damages by misrepresentation.

 

Cheers, C.

Message 3 of 16
latest reply

Imitation VERO letter

 

" I am selling bulk used electronics and got a letter from a zero feedback account that whose user name was a variation of Pete Sampras I replied and said I am very sorry and didn't know I was unauthorised to sell this product. "

-----------------

 

So now you've just legally admitted fault in this situation....

 

 

Lynn


Lynn

You love me for everything you hate me for


.
Message 4 of 16
latest reply

Imitation VERO letter

I am second to Lynn,

When you get emails like that you have nothing to gain by replying. 

Except now if shoves comes to push you can not say that you did not know. They have your reply recorded.

 

That is why any "normal" lawyer will send you a registered mail. To obtain your signature.

 

Anything less than that you just hit delete.

 

Message 5 of 16
latest reply

Imitation VERO letter

Sounds like someone using a throw away id to mess with you.

Message 6 of 16
latest reply

Imitation VERO letter

ok thank you guys. there if they are going to go the c/d Pete Sampras wouldn't be contacting me. i shouldnt get stressed out over these emails.
Message 7 of 16
latest reply

Imitation VERO letter

OP, 

 

I am a VERO member who represents music artists. 

 

I have eBay accounts that are a variation of the artist names. 

 

I always send a polite eBay message asking sellers to remove infringing listings within 24 hours before I file a VERO notice. 

 

Lucky

 

 

Message 8 of 16
latest reply

Imitation VERO letter

i asked the person for a contact email or phone number so they can talk to my supplier and didnt hear back. i have no problem pullng the item just want to make sure its legit.
Message 9 of 16
latest reply

Imitation VERO letter

ok so how would the person actually know you are truely who you say you are , and not some kind of fake ...same as the one the seller got?

 

would you be on file and registered ..something that can be verified on line or by phone...and even that would still be a stretch...so how would you actually be able to convince anyone?  besides scaring them with the message...which is what someone would do....see what i mean?

 

there is too many fake emails and **bleep**...and MANY on ebay (and other sites) that "represent" and are "authority" and/or "experts".. but who knows who or what they are.

 

I get it and VERO has its place, but for most small guys and gals...we sell used, pre owned, resale, stuff....fron thrift stores, yard sales and closets, ...

go after the foreigh and big scammers and illegal sellers of the stuff....but sending a meassage without some kind of proof of who you are , just seems like a scam to me.

Message 10 of 16
latest reply

Imitation VERO letter


@holsteinatlanta wrote:

I know about vero letter and always very careful of what I list.  I think I got a fake vero letter, well they didn't even say vero. I am selling bulk used electronics and got a letter from a zero feedback account that whose user name was a variation of Pete Sampras I replied and said I am very sorry and didn't know I was unauthorised to sell this product.  I asked for a company contact email and a phone number to discuss it further.  The email stated they have my address and didn't want to start litigation against me. (not sure how possible)  The email came from New York at 1 am and the name at the bottom was the ceo of the large company.  I think it is a competitor trying to scare people off.  Has this happened before?


IT may or may not be legit.

 

I would forward the email to the ceo of the large company, along with an agreement to C&D ilisting said item(s) if vaild.  

 

IF this email letter is not real and ceo wishes, then ceo can persue any legal remedies against the (0)FB member.     

Message 11 of 16
latest reply

Imitation VERO letter


@pingpong517 wrote:

ok so how would the person actually know you are truely who you say you are , and not some kind of fake ...same as the one the seller got?

 

would you be on file and registered ..something that can be verified on line or by phone...and even that would still be a stretch...so how would you actually be able to convince anyone?  besides scaring them with the message...which is what someone would do....see what i mean?

 

there is too many fake emails and **bleep**...and MANY on ebay (and other sites) that "represent" and are "authority" and/or "experts".. but who knows who or what they are.

 

I get it and VERO has its place, but for most small guys and gals...we sell used, pre owned, resale, stuff....fron thrift stores, yard sales and closets, ...

go after the foreigh and big scammers and illegal sellers of the stuff....but sending a meassage without some kind of proof of who you are , just seems like a scam to me.


pingpong517, 

 

They don't know I am legitimate. And there is nothing I can do to prove that I am. I am not "on file", and I have no interst in giving my phone number out to people who sell illegal items. 

 

I was simply pointing out that assuming that the only legitimate requests come though VERO can be short-sighted. 

 

Many people come to these boards complaining that they got a VERO strike out of the blue, and wish that they had been given the chance to take the item down first if they had only been notified. The small guys and gals are exactly the one I am trying to help by sending these messages.

 

But to be honest, many of the mom and pops sellers know exactly what they are doing.

 

And if I end up having to to file a VERO notice, they are generally quite rude and make the same disingenuous argument that you did - that I should be going after the "illegal sellers of the stuff" ... despite the fact that they themselves are illegally selling the stuff.

  

Lucky

Message 12 of 16
latest reply

Imitation VERO letter

i have about 10 of said item. Once they sell out I won't get them again (but this can happen to any item on ebay if the letter is fake). The items are brand new but selling as used-lke new open box.
Message 13 of 16
latest reply

Imitation VERO letter

this is how it should be done

Message 14 of 16
latest reply

Imitation VERO letter

If you acquired them legitimately and are not under any sort of contract with the manufacturer, then you have every right to resell as you see fit. 

If it works, sell it. If it works well, sell it for more. If it doesn't work, quadruple the price and sell it as an antique.

-- Ferengi Rule of Acquisition #80
Message 15 of 16
latest reply