Items Removed For Copyright Violation

[303robert10]

Has anyone had items removed for copyright violations? I sell watches, a lot of which are collector's pieces with informed,  very specific audiences, along with popular stuff. This week, EBAY removed two items, a 1972 Seiko Hi-Beat and a matching pair of 1982 Accutrons, two limited appeal offerings. Exact reason unclear except that it had something to do with copyright infringment or authenticity-the CSR had no clue and could not communicate details or reasoning-but assured 24-hour response. Four days later, I received a terseley worded continuance notice sans specifics. This whole thing is absurd-everythign matches on the models-none of which were ever known to be reproduced-unlike Rolex, Movado, Omega, etc.  I have receipts from  legitimate sources-not from a garage sale or Joe on the street.  In most cases, it is impossible to determine these isuses without physically seeing and touching the watch-I have been doing this for 35 years and have a collection of fakes, which I find amusing-some are actually incredibly good. So, they are holding up my entries though they let me post two similar Hi-Beats from a lot of 8 Seiko windups I bought. Frustrated.  My lawyer is chomping at the bit-he laughed. Any similar experiences?

[chrysylys]

If your lawyer wants to chomp on something, might I suggest the User Agreement you accepted by listing here?

[luckythewinner]

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@303robert10 wrote:

 This week, EBAY removed two items, a 1972 Seiko Hi-Beat and a matching pair of 1982 Accutrons, two limited appeal offerings. Exact reason unclear except that it had something to do with copyright infringment or authenticity

{snip}

My lawyer is chomping at the bit-he laughed. Any similar experiences?

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To get any meaningful advice, you would need to post the complete message that you got from eBay.

"Copyright" takedowns can sometimes be due to an issue with the item itself - for example, selling counterfeit Nike sneakers or an unauthorized tee shirt with a copyrighted logo.

But they can also be due to an issue with the way you listing the item - for example, calling a baby outfit a "Onesie" when it is not made by Gerber, or comparing a generic guitar to a "Stratocaster" in the listing title, or putting a brand name in the item specifics that is unrelated to your item.

Without knowing more about your listing and the message you received about it, all we can do is take wild guesses about what might be the issue or how you can fix it. 

If this was a message that came through VERO system, then it was made in response to a Notice of Claimed Infringement from someone claiming that their intellectual propery rights were infringed.

If this was the case, the bit your lawyer should be chomping is the Digital Millennium Copyright Act. He should readup on the background of a Notice of Claimed Infringement and  the process for filing a a Counter-notice to the NOCI if he feels it is warranted. 

[gone_4_good]

You need to contact whoever complained and ask them for clarification.

I have had a few listings taken down because I used copyrighted phrases or words : example Gerber owns the tern Onesie (who knew? not I) and I used it in a listing for a non gerber one piece

Another time it was similar for using phrase "electric dog fence"

Another time it was a obnoxious company who dont wants non authoried resellers (this is illegal btw)

If they dont respond within a week tell eBay and they will put the listing back (I think)

[thatsallfolks]

“My lawyer is chomping at the bit“

That’s a bad sign - for you. 

[gramophone-georg]

OP- Read this carefully- whatever you do please do NOT  relist your items if Customer Service tells you to just go ahead and relist. Come back here with the details first.

We've probably seen hundreds of times over the years where CS has told a hapless seller to go ahead and relist where following that advice has resulted in a restriction or outright ban because the CS rep just wanted to rush the caller off the line.

Please do NOT take this lightly.

[lookng2015]

At this point we don't know if it was a VERO takedown or an overzealous eBay bot takedown.

What the OP needs to do varies.

[emerald40]

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@lookng2015 wrote:
At this point we don't know if it was a VERO takedown or an overzealous eBay bot takedown.

What the OP needs to do varies.

________________________________________

JMO but it does not matter given the fact that once ebay removes an item, it is not prudent to relist it.

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[gramophone-georg]

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@emerald40 wrote:

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@lookng2015 wrote:
At this point we don't know if it was a VERO takedown or an overzealous eBay bot takedown.

What the OP needs to do varies.

________________________________________

JMO but it does not matter given the fact that once ebay removes an item, it is not prudent to relist it.

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Add to that the fact that one can never trust eBay CS to not lead one by the hand directly into a policy violation...

[a_c_green]

Given the quantity of other watches that you still have listed, it's not clear why those few got singled out, unless someone saw something in the details that made them suspicious. 

The only thing I can suggest here is that you provide more closeups and different views of each watch; right now each listing seems to be a lineup of very similar, middle-distance views that are not showing enough detail. In particular, for the high-priced ones with a history of counterfeits, you should pop off the back and show a closeup of the manufacturer's movement, to show that it's not a generic watch movement in a fake shell. Good luck.

P.S. A lawyer will achieve nothing and eBay will not care either, so definitely save your money; I think your best solution will be in uploading clear, more-detailed listings.

[*eponymous*]

DMCA/VeRO notices are based on the possibility of intellectual property rights infringement.

Grey-market goods

Goods not purchased through the manufacturer (a retail receipt is not proof)

Using a brand name

Unauthorized use of pics

Unauthorized use of trademarks

Improper use of words, such as excluding registered or copyright symbols

Unauthorized purchase outside of a distribution line

The list goes on-and-on.  Read the DMCA.  And your "lawyer" can chomp on eBay's UA for lack of a hold on the bit they were offered unless you paid a retainer fee of at least a thousand bucks an hour.

[berserkerplanet]

>>P.S. A lawyer will achieve nothing

No..... as with most legal actions, a lawyer will achieve another Jetski or Mercedes.