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how can I appeal counterfeit item removed

Hi I got a message from Ebay that my item was removed because counterfeit.  Im an Ebay Seller approx 10 years ago, and I have only positive feedbacks, im a Top Rated Seller, and I never sold and never sale counterfeit items. why did I got this message, my item (clothes is  authentic on the Tags shows the EAN number and I bought it from original Nike Factory Store)

Please help me why did I got this message, and please tell me how can I provide to Ebay that my item is not counterfeit, I have an invoice from Store when I bought the items, how can I appeal ? Thanks

Message 1 of 13
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12 REPLIES 12

Re: how can I appeal counterfeit item removed

Please copy and paste the removal notice you received so we can see if it's a VeRO removal (i.e., reported by Nike) or an ebay removal based on reports. The way to appeal varies depending on how it was reported.

albertabrightalberta
Volunteer Community Mentor

Message 2 of 13
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Re: how can I appeal counterfeit item removed

Did they say why they thought it was counterfeit?  Did they say it was because the company who makes the clothes (IE Nike) said to take it down?

 

We sell makeup and skincare and from time to time, a brand that has the same name or a competing brand will tell ebay that we're selling fake items, when we're not.  What you can do is email the person who made the claim and see if you can come up with an arrangement so you can keep selling.

 

You're actually lucky, sometimes they will suspend your accound 3-10 days.

Message 3 of 13
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Re: how can I appeal counterfeit item removed

It was a report removal not Vero removal :((( could you tell me the way how can I start an appeal??? thank you very very much

Message 4 of 13
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Re: how can I appeal counterfeit item removed

It was a report from any user :((( but can I see anywhere who was reported my item??

Message 5 of 13
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Re: how can I appeal counterfeit item removed

Call eBay?

Message 6 of 13
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Re: how can I appeal counterfeit item removed

You would probably need to get a professional authentication and it needs to be someone who does sneakers and Nike specifically. You'd then submit the pro documentation to ebay T&S (or whatever department handles alleged counterfeit items) and appeal.

albertabrightalberta
Volunteer Community Mentor

Message 7 of 13
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Re: how can I appeal counterfeit item removed

Following up with what @albertabrightalberta said I looked around and did not see any services that Nike Has for authenticating sneakers but I found This site here can authenticate sneakers within 48 hours and its around 60 dollars. If they're high value I would recommend it.

I am not an eBay employee but I sure feel like one sometimes
eBay Community Mentor Since 8-07-2023
Used to be panda75654
This is my only account. I do not own any other eBay accounts and will not ask for personal information. Stay safe!
Message 8 of 13
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Re: how can I appeal counterfeit item removed

I know that there's been some controversy with Nike taking down and reporting listings of Nike items (like shoes) that were sold at places like TJmaxx/Marshall's etc. Supposedly they are doing this because the ones sold to those places have "small flaws" or something like that. I wonder if this might be the case? 

Message 9 of 13
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Re: how can I appeal counterfeit item removed


 wrote:

I know that there's been some controversy with Nike taking down and reporting listings of Nike items (like shoes) that were sold at places like TJmaxx/Marshall's etc. Supposedly they are doing this because the ones sold to those places have "small flaws" or something like that. I wonder if this might be the case? 


In this case, the OP states that it wasn't a VeRO takedown so it's not Nike to whom the OP has to prove authenticity. 

 

There are cases where companies do report items they don't want sold and in those cases, the companies are In violation of the VeRO program. VeRO isn't intended to  allow a company to prevent legitimate items from being sold just because the company doesn't want its items sold by independent and non-affiliated sellers.

 

First sale doctrine is a law that allows the legal owner of an item that was obtained through legal channels to resell that item.

 

Years ago, Gucci UK was abusing its VeRO power by reporting and having removed hundreds of listings of items they knew were authentic because the they wanted buyers to purchase directly from Gucci. Ultimately, after help from Tabberone and being threatened with a class action lawsuit, they backed down and contacted ebay to reinstate the legally listed items. (I was a seller whose item was removed at the time.) 

 

Nike sells to TJ Maxx and Marshalls and if a buyer purchased authentic (first quality or with flaws) items from a legitimate retailer, Nike should not be reporting those items. Sellers who were victim should refer Nike (or any other company that does the same) to read first sale doctrine: 

 

 

https://en.wikipedia.org/wiki/First-sale_doctrine

albertabrightalberta
Volunteer Community Mentor

Message 10 of 13
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Re: how can I appeal counterfeit item removed

Hi, You can contact the rights owner using the email address provided in the email you received when your listing was removed. If your listing was removed because it hadn't had any sales in a year or more, we recommend taking the time to improve it before placing the item back up for sale.

Message 11 of 13
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Re: how can I appeal counterfeit item removed

Hi, I have been selling 100 percent authentic for the last 5 years, this last year there has been a spate of removals of my items, its now happening every 2 weeks, My account is suspended for 10 days, it has happened 4 times in the last 8 weeks, its not just a new item thats listed, they also decide that an item previously listed and has been on their site for a few months is now suddenly fake.. i have called them, written to them, they are driving me out of business and there is no recourse, no way to challenge.. when I know for a fact that everything I have listed is authentic.. Vestiaire who authenticate before the item goes live have accepted all of the items that ebay are saying are fake, its like someone has got it in for me or wants me to not sell anymore, i have gone beyond being livid.. does any one know any legal help that specialise in this area?

Message 12 of 13
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Re: how can I appeal counterfeit item removed

Hi everyone,

Due to the age of this thread, it has been closed to further replies. Please feel free to start a new thread HERE if you wish to continue to discuss this topic.

Thank you for understanding.

Message 13 of 13
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