VERO takedown

[ripken2004]

I listed an item for sale. I received a notice from eBay saying it was VeRo violation and the manufacturer who filed the claim stated that my item was counterfeit. It’s not counterfeit. The manufacturer is also selling the identical item on eBay and I believe they just want to eliminate their competition. I have reached out to the manufacturer as required by eBay to relist my item and of course they ignore all my emails. Is there a way I can appeal this to eBay directly? Can a company legally stop me from reselling a legitimate item on eBay? I am only trying to sell one item, not several. 

[slippinjimmy]

What was the item that was removed?

If they don't reply to your email within 5 days you can contact eBay.

Other remedies such as a Counter Notice are also possible.

Before doing anything more you should review ALL the information on these pages (multiple tabs)

https://pages.ebay.com/seller-center/listing-and-marketing/verified-rights-owner-program.html

Companies can and do file false infringement claims, unfortunately under the Digital Millennium Copyright Act eBay must remove the listing in question. It's up to you to provide evidence to the contrary (acknowledgement by the company or successful filing of a counter-notice).

[downunder-61]

Can a company legally stop me from reselling a legitimate item on eBay? I am only trying to sell one item, not several. 

Yes they can.

[ckimodog]

Not only can they stop you from re listing the item, they can permanently suspend your selling privileges on Ebay.  Please don't re list it. 

[luckythewinner]

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@ripken2004 wrote:

 I have reached out to the manufacturer as required by eBay to relist my item and of course they ignore all my emails. Is there a way I can appeal this to eBay directly?

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You can file a counter-notice to the VERO takedown, but that is essentially you demanding that the manufacturer either take legal action against you or drop the claim.  So I would seek legal counsel first, and be very, very sure I was not mistaken. And even if you prevail, courts can be costly.

Also, note that a successful counter-notice only allows eBay to restore the infringing content without losing their liability protection under the DMCA. It does not require them to.

[ripken2004]

Thank you for your help. It is a beauty led light therapy device sold by the company Empire Tech. It’s called Marvelous 24K Gold Skincare Revolution System. I bought it and now I need the money more so I want to resell it. 

[ripken2004]

Thank you for your reply. I will not try and relist without going through the proper protocols.

[coastaltechsolution]

Does that thing run on Uranium and/or Plutonium?

Expensive gadget 😯

[skeletonstore]

Some manufacturers of high end merchandise don't want their stuff on Ebay because it waters down their market.  I'd talk to a lawyer before fighting this one.  Tiffany & co are notorious for complaining.  Another company of high end audio  Manley regularly spot and report any of their products on Ebay.  I've also seen what happens when a boutique style manufacturer starts selling to major chains and all their stuff winds up on ebay selling for chump change because Ebay is full of bad sellers,  sellers of stolen merchandise and people who just don't care.  I can remember being able to resell such things and get my money back or even a profit. Manufacturers who cater to higher clientele detest ebay with a passion.  If a customer comes along and sees their stuff selling below a certain price they will lose not only that sale but sales to come.  They're trying to protect their market integrity which is probably pretty small and exclusive. How much were you offering it for?  Oh and as others have said don't attempt to relist it you'll be suspended.  There's another danger too selling such an item on Ebay, you could get scammed.  Did you try to contact the company on social media?  Maybe ask them if they have a 2nd hand authorized market?  I have no way of knowing if they have resellers or not but if they do they have rules(minimum advertised price).  Did you list it as used?   

[skeletonstore]

This should give you some idea.. https://emptechpro.com/pages/authorized-retailer-policy

[bashort]

The coming trend is for manufacturers to demand control of items they produce, they want to be able to tell you what you can use it for, if you are allowed to repair it, how long you are allowed to use it and how you dispose of it. 

[butterfly_beauty_cosmetics]

I had a Vero take down from a company , for a lipstick from another company , which they claim is counterfeit.....

How can a company claim that an item produced by another company is a counterfeit of their product?

Upon proving them that it is an authentic  item produced by another company, they responded that it is counterfeit, as the other company  had used their trademark for the name of their lipstick. What does it have to do with me? I never heard of the filing company before and had no idea they are fighting over a lipstick name. The item is an authentic  lipstick, not similar to  the other by design, color etc., only the name of the lipstick, following the Brandname of the actual producer is followed by the name of the other company ( the Vero filer).

The Vero filer is not willing to take down the claim, so what would you suggest. I dont want to relist this item, it is just one I have in stock, but want to prove Ebay that I am not selling counterfeit items...