Item Erroneously Identified as Counterfeit/ Reproduction

[rcraig403]

We are trying to list a case from Otterbox for an iPhone 11 that I bought for my wife at Best Buy.  About a week after I gave it to her, her iPhone 11 stopped working and she switched to an iPhone 14.  We have photos of the case in and out of the original box.   When we pushed the "list it" button, it failed to list and referred us to a policy regarding counterfeit items and reproductions - neither of which pertains to our item!  

[inhawaii]

Do you have a question?

[kensgiftshop]

There are a few companies that don't like their items being sold on Ebay and OtterBox is one of them.

I would find another place to sell it.

[broto_64]

OtterBox
OtterBox takes its brand seriously. We work diligently to protect our reputation for providing
the highest quality products to our customers. In order to protect consumers from
counterfeits and other infringing products, we partnered up with the VeRO Program to
remove these items from eBay.
OtterBox has the exclusive right to use its trademarks and copyrights, which include product
photos and the OtterBox logo. We have many registered trademarks in a multitude of
countries around the world, including, but not limited to, the United States, Canada, U.K.,
and China. To learn more about our intellectual property, please visit the following
webpage: OtterBox Intellectual Property.
There are a significant number of counterfeit and/or infringing OtterBox items listed on
eBay. Sale of these items is illegal. The manufacture, distribution and/or sale of counterfeit
goods carry criminal penalties and civil liability in the U.S. and other countries.
Please Read if Your Listing Was Removed!
Our e-mail address for correspondence regarding listing removal is provided in the notice
sent to you from eBay. If you contact us requesting information that is already contained
within this page, you will, unfortunately, not receive a response. Also, due to the number of
e-mails received on a daily basis, it may take up to a week to respond to any e-mails that
address issues not discussed below. In order for us to accurately respond to any inquiries,
we need your eBay seller ID and auction number. Without these, it will not be possible to
respond with any relevant information.
Frequently Asked Questions
Q: Why was my auction removed? A: Your eBay auction was removed by eBay because
we believe that the item being sold was counterfeit and/or infringes on our intellectual
property.
Q: Why did eBay allow me to post my auction if it contained infringing
content/goods? A: It is impractical to pre-screen all listings that are submitted to eBay. As
such, certain products that violate both the VeRO policy and our intellectual property are
allowed to be listed and are only detected after the auction is posted.
Q: How did OtterBox determine that the goods in my auction were counterfeit and/or
infringing intellectual property rights? A: Due to the nature of eBay, we must make our
decisions based on the pictures provided in your auction. Unfortunately, we do not disclose
the specific ways in which we identify counterfeit products. If we did, this information could
also be used by counterfeiters to further produce phony goods.
Q: Can OtterBox verify the authenticity of merchandise for sale on eBay? A: While we
would like to be able to assist you, OtterBox cannot verify the authenticity of any product
that is not purchased through one of our authorized distributors or retailers. Unfortunately,
there are a large number of counterfeit products in the marketplace, and we are committed
to addressing this issue. If you believe a seller or store is selling counterfeit OtterBox
products, please let us know by visiting the following link: Help OtterBox Fight Counterfeits!
Q: Why does OtterBox care if I sell a single piece of unauthorized OtterBox
merchandise? A: We have expended considerable resources to develop and maintain a
reputation of providing the highest quality products to our customers. Through the auction of
counterfeit merchandise, people attempt to trade off of our well-earned reputation. These
auctions not only cause monetary damage, but may also damage our reputation, as many
purchasers of inferior counterfeit products will attribute the poor quality merchandise to
OtterBox.
Q: Why was my auction singled out? I see a bunch of other auctions selling the same
items! A: We work diligently to ensure that the majority of auctions offering infringing goods
are removed from eBay. However, given the extremely high volume of merchandise that is
offered for sale, it is almost impossible to identify and remove all such auctions.
Q: Why didn’t OtterBox contact me directly before reporting my auction to eBay? A:
Unfortunately, due to the volume of auctions that are targeted for removal, the amount of
time necessary to contact each eBay seller individually is not practical.
Q: Can I list an item if I explicitly state that it is NOT GENUINE? A: NO! Any disclaimer
regarding the authenticity of goods, such as “fake” or “knockoff”, is not permitted under
eBay policy.
Q: What if I decide to re-post an auction once it has been removed? A: If you decide to
re-post an infringing product after eBay has removed the first auction for it, please be aware
that your account may be temporarily or permanently suspended from eBay.
Q: Can I use OtterBox’s logo or other images owned by OtterBox to make my auction
listing more appealing? A: Unfortunately, this is not permitted. We do not authorize any of
our resellers to sell on eBay, and as such, we do not allow the use of our logos or other
images.

[fashunu4eeuh]

Hi, @rcraig403it may not be referring to your item as counterfeit, but as infringing on their intellectual property. By any chance did you use any of OB’s logos, photos or text from their website in your listing?

[albertabrightalberta]

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@rcraig403 wrote:

We are trying to list a case from Otterbox for an iPhone 11 that I bought for my wife at Best Buy.  About a week after I gave it to her, her iPhone 11 stopped working and she switched to an iPhone 14.  We have photos of the case in and out of the original box.   When we pushed the "list it" button, it failed to list and referred us to a policy regarding counterfeit items and reproductions - neither of which pertains to our item!  

---

If I'm understanding your post correctly, it sounds like you didn't actually list the phone case, but got the (possibly) counterfeit warning when you tried to complete the listing. Is that correct? 

If that's the case, it could simply be a warning to let you know that counterfeit items aren't allowed and to double check (before listing) that you are trying to list an authentic item. 

I haven't heard about that warning coming up in several years but it sounds like it's still around.

[rcraig403]

Thank you for replying too my question.  
This warning actually blocks the listing feature entirely and there isn’t any place too respond. Both the case package and the side of the case in another photo display the OtterBox logo. 

I searched through the self help and automated responses and I found nothing relative that would seem too help.  I saw one answer that stated too call them but conveniently the phone number was nowhere to be found. 

[lakefor94]

Just one of those items that the listing tool says no way.

There are no eBay resources to address your concern as you have found out. 

1.7 billion listings on eBay. The possible counterfeit or infringing items are located by bot with no human intervention.  

[rcraig403]

After getting the necessary photos and description ready, the warning came up and blocked the listing.  The original box and the side of the case both display OtterBox logos in the photos. It was purchased at BestBuy. 

Because it never got too be listed, I’m not sure if I should give up on a $15 sale.

[ckimodog]

@rcraig403 

Sorry for your situation.  I've read several threads here on this forum concerning Otterboxes that were pulled by eBay.  My guess is either you have to be an authorized dealer of that product or Otterbox simply does not want their items sold here on eBay.  

Good Luck & Happy Selling!

[albertabrightalberta]

Even if (and though) first sale doctrine does allow the resale of items that were legally obtained, for my own account's safety and reputation, I (personally) would not list it, especially for the relatively small amount of money you'd net in the end. Either find a friend, neighbor, relative, friend of a friend who can use it or donate it. 

[greatmidwestcoin]

Well, after reading this post I won't be buying OtterBox products in the future. Once I pay for something I have the right to resell it, unless the company has a buy-back guarantee. OB doesn't put any "no-resale" warnings on their product labels. eBay may restrict you as it is their sandbox, but I would take OB to court and win. In either case, I just won't buy their products anymore. That's ridiculous. If I was the OP I would simply throw it away after posting it everywhere.

[toomuchstuffagain35]

Yep, Otterbox is one of those (now many) companies who manage to use programs like VERO to wrongly infringe on our First Doctrine rights to resell what we lawfully obtained.

Nothing you can do until the Feds get around to doing something about it (how long is never?).

[fab_finds4u]

Should you give up on a $15 sale?

On eBay, yes.  Try selling it locally. 

Years ago if  you could prove to a company your item was authentic they would fax eBay and eBay would allow you to list it.

Then scammers got clever. They would purchase fakes from the Counterfeit Capital of the World, and also purchase an authentic one they use in the photo. You think you're purchasing an authentic one but then the  seller would send out the fake one. 

I can see why Otterbox has gotten eBay to not allow listings unless you're  an authorized dealer.

On the other hand I think because of the First Sale Doctrine you should be able to resell something you purchased legally from an authorized dealer. Your can't  do that on eBay though because it's  their playground and they make the rules.  Are they allowed to have rules that go against the First Sale Doctrine? There's  nothing in the purchase of an Otterbox that makes it illegal for you to resell it. It's  not a piece of software that comes with an agreement. 

I think all the sue-happy people that want to get a class action lawsuit against eBay for policies you agreed to should instead go after companies like Otterbox who won't  allow you to resell their item you purchased from one of their dealers like Best Buy.

[tobaccocardyahoo]

There is a skills set associated with being an Ebay seller.

Many of the skills apply to casual sellers as well as long term business sellers.

One of those skills is knowing which manufacturers fiercely protect their intellectual property and distributions channels and not attempting to list their products.

Otterbox is one of the companies which protect their IP and repeated attempts to list their products can have more negative consequences than just having listings blocked or closed.

The First Sale Doctrine is more limited than many people on the Internet believe, and does not protect your ability to sell on any specific venue. That venue, specifically Ebay in this case, may make decisions based on its interests. Those interests can include avoiding being a party to a lawsuit caused by your actions.