10-21-2016 02:57 PM
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?
Solved! Go to Best Answer
10-21-2016 06:26 PM - edited 10-21-2016 06:26 PM
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.
10-21-2016 06:05 PM
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.
10-21-2016 06:11 PM
@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.
10-21-2016 06:21 PM
" 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
10-21-2016 06:26 PM - edited 10-21-2016 06:26 PM
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.
10-21-2016 06:27 PM
Sounds like someone using a throw away id to mess with you.
10-21-2016 07:09 PM
10-21-2016 07:31 PM
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
10-21-2016 07:39 PM
10-22-2016 06:46 AM
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.
10-22-2016 07:02 AM
@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.
10-22-2016 07:30 AM - edited 10-22-2016 07:33 AM
@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
10-22-2016 08:17 AM
12-22-2017 04:16 PM
this is how it should be done
12-22-2017 04:47 PM
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.