How do you appeal a VeRO complaint? I don't see a way. My item is definitely authentic.

[derekc1]

How do you appeal a VeRO complaint?  I don't  see a way.  My item is definitely authentic.

[slati_2013]

The issue is not only if it is authentic. It is also the owner does not want you selling it here on eBay.  Was the reason given by eBay was the item was counterfeit? If the owner made the claim, there is not much you can really do. 

[tobaccocardyahoo]

Unless you are a manufacturer authorized reseller of the item with invoices from their authorized wholesale distributor, you are unlikely to see any reversal.

It is likely that the VeRo complaint was issued because you are not authorized and your product may be inauthentic.

Ebay is protecting Ebay from being a party to an IP infringement lawsuit based on your listing.

[kensgiftshop]

The email you received should tell you what you need to do.

[angelno9 · Accepted solution]

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@derekc1 wrote:

How do you appeal a VeRO complaint?  I don't  see a way.  My item is definitely authentic.

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The Digital Millennium Copyright Act (DMCA)  gives websites like eBay protection from legal liability for the actions of its users if eBay removes the alleged infringing content promptly after receiving a Notice of Claimed Infringement (NOCI).

So when eBay receives a VERO complaint, eBay takes listings down in order to protect themselves from liability that might arise from your listing. 

eBay has absolutely no incentive to evaluate the merits of the NOCI, because if they get it wrong they lose their protection from legal liability. It is up to you and the IP owner who filed the NOCI to come to an agreement. 

The DMCA does provide you with the ability to file a counter-notice to the NOCI, but by doing so you are essentially daring the IP owner to initiate legal proceedings against you. SO you had better be pretty sure of your "definitely legitimate" claim. 

But even if you do file a NOCI and the IP owner declines to take legal action, that only gives eBay the option to restore your listing while preserving their liability shield. But it does require eBay to do that. 

[dryophelia]

@derekc1 

Swarovski and Velcro, for instance, are very diligent in controlling who can use their name. Even if it is legitimate in its use on said brand name item. 

[fashunu4eeuh]

Hi, the policy regarding Vero can be found at the two links below. Essentially, the only way to reinstate your listing is to appeal to the right’s owner. They must contact eBay with approval to relist. Good luck!!

(PS—Even with approval, risk remains that a relist could get removed again by a bot, now that you will be under greater scrutiny going forward. You need to decide if relisting is worth the headache.)

https://www.ebay.com/sellercenter/ebay-for-business/verified-rights-owner-program#m17-1-tb1

https://www.ebay.com/help/default/default/verified-rights-owner-vero-policy?id=4349

[adamcartwright]

It's not and, but and/or.

Could be authentic but seller doesn't want it sold on ebay.

[slippinjimmy]

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@derekc1 wrote:

How do you appeal a VeRO complaint?  I don't  see a way.  My item is definitely authentic.

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You have to contact the company that issued the takedown order, this is specified in the message you received. If you can convince them to remove the infringement claim then eBay will reinstate the listing. If you can't then you are out of luck.

You can get more information here:

https://www.ebay.com/help/policies/listing-policies/selling-policies/vero-policy?id=4349

[m60driver]

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@derekc1 wrote:

How do you appeal a VeRO complaint?

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You don't, resistance is futile.  You are fighting the might of corporate America and you will always lose the battle.  Just find another platform to sell your item and move on.

[brightlightbookseller]

That's actually not true.  Some sellers get VeRO claims reversed, either by the claim holder, or by their failure to respond.

[orangehound]

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@m60driver wrote:

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@derekc1 wrote:

How do you appeal a VeRO complaint?

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You don't, resistance is futile.  You are fighting the might of corporate America and you will always lose the battle.  Just find another platform to sell your item and move on.

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That's not true.

• Back as a wee little seller, my first VeRO removal was because I was using stock images from the rights holder.  Live and learn.  I relisted it with my own photography, and it sold.
• I had another VeRO removal due to inadvertently putting a brand name in a title as descriptive text (it was not the item I was selling, but a competitor's item). I changed the title text and relisted it.  No problem, and the item eventually sold.
• I had a third VeRO removal due to my photography showing a company's logo (one on the product, and another on the attached tag)  I contacted the company to get clarification, and that was the case ... a company's logo, even if it is my own photography of their product, cannot be used in marketing without their permission..  So, I apologized to the rights owner, relisted it with the logo blurred, obscured, or not shown.  No further problems, and the item eventually sold.
• I had a fourth VeRO removal due to the same problem with showing the company logo in photography.  But, it had already sold.

So, in all my VeRO experiences, I made sure I understood the reason for the violation, I corrected it, and relisted the product for sale.