Listing Removal due to eBay VeRO patent Policy

[dmishkl0]

Hi guys!

My listing was removed from eBay because it was reported by "Some Company" for violating their patent rights. I'm not quite sure if their report is correct or it's just a part of some "not quite fair competition" - but it's another story... Now I just would like to ask you about how far I am at the moment from getting my account banned?

I mean currently, my account was not suspended anyhow after this listing was taken down - they just have removed one listing from my store and informed me about this with an email. And, actually, losing this particular listing would not be a big problem for me but I heard some time before that this situation can be the first step towards getting my seller's account banned.

I heard from other sellers on eBay that after 2 or 3 "violations" like this the seller's account can get banned. But what do they exactly mean - if I relist the same items again? (of course, I'm not going to do it). Or any random 2 or 3 VeRO violations in a row (with different products, without relisting) in any random categories will lead me to the ban?

Then, what should be the period of time so that after that eBay will "forget" about this VeRO violation and will start counting my "sins" again from the beginning? I mean if the next VeRO violation happens to me in 3 months for example - will eBay consider it as the second violation or the first one? (as this current one will be "forgotten" at that point).
Or it will need 6, 9, 12 months to forget the previous case?

I'm trying to run my business on eBay as accurately as possible, in total accordance with eBay rules. And even in this particular case, I'm not quite sure if I've really violated some "patent" rights of that "Company" or they are just removing competitors from eBay in this unfair way...

So I'm not going to relist this product, of course. But what if some "unfair" competitors just report 2 or 3 times my products on eBay for alleged violations of their VeRO rights? That will be the end of my business? So simply?

[chapeau-noir]

Read this - it will acquaint you with VeRO:

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

[mina1857]

If you listed something like a generic version of Velcro but used the term VELCRO that is a VERO violation.

However if you listed VELCRO & got a VERO that can be fought & there are people on here that can explain how to fight FAKE VERO takedowns.

There was once seller that put these liars in their place with Cease & Desist letters & threats of legal action!

Some lowlife companies want to control the market & try to block people who legally obtained their items. Happens at times with certain sold by 3rd party products.

A former seller or worker dumps their excess stock at a garage sale. You buy it. You now LEGALLY OWN IT & have all the legal rights to sell that product at whatever price you want & use the name of that product in a listing. Original company dont like losing control & VERO's you to intimidate you & may even send a warning to not ever sell their product without their permission or by their rules.

Guess what? They can go fly a kite! They cannot legally stop you & if they do they expose themselves to a nice lawsuit from you!

Of course that is only against Unfair takedowns. Make sure you did nothing wrong before starting a fight.

[rochills1]

I just received a similar warning that 3 of my items for sale were removed (Epson refillable inks). Funny thing is, these were sold many months ago. Somebody at ebay/Epson must have too much time on their hands.

AND I had previously purchased them as a lot sale on ebay (did they threaten that original seller too?).

Pretty sure ebay is still full of sellers peddling refilled HP, Epson, Canon, and numerous other dupe ink cartridges (guess I better load up on my refilled Canon's while I can before they shut that guy down lol).

Yet another reason I'm winding down my ebay selling. It's just not that seller friendly anymore.

[maxine*j]

You're talking about the first sale doctrine, codified at 17 U.S.C. § 109.   That does not apply to OP's situation, because OP is retailing new merchandise.   (Not to mention that OP is in Serbia, drop-shipping from China, so cease-and-desist letters, lawsuits, etc., are not options in any event.)

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[gkn29]

VeRO list if anyone is interested

http://vero.ebay.com/

[hunkadinka]

I've had  only a couple of items removed because ebay considers itself the watchdog of the world while violating our rights in other aspects. Some sellers have learned how to bypass these stupid policies. Go to Sold, possibly find the same item and learn what made them acceptable.

This post lmlay be removed. but who gives a ...

[maxine*j]

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@hunkadinka wrote:

I've had  only a couple of items removed because ebay considers itself the watchdog of the world while violating our rights in other aspects. Some sellers have learned how to bypass these stupid policies. Go to Sold, possibly find the same item and learn what made them acceptable.

This post lmlay be removed. but who gives a ...

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You do understand that the watchdog is not eBay, but rather the Verified Rights Owner (VeRO). 

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[rochills1]

I decided to do a follow up with ebay and try and find out how and why I was singled out, while other sellers are still selling "dupes" of the exact same item. The customer service rep indicated to me it was actually another ebayer who filed the complaint, not Epson/Seiko.

I had a hunch exactly who it was; a disgruntled former customer who lost their return case with ebay and I suspect still has it out for me. I asked the rep if I could report that person under retaliatory abuse, and she said certainly assuming it was indeed the same person I suspected. 

When I told her their name, she basically confirmed it was them (she can't come out and say it, it's probably against policy; but she indicated in other ways it was a match) and she would file an appropriate complaint against them for ebay retaliatory policy violations.

Not sure if I will hear back from ebay directly about this, but I will be watching to see if this person gets suspended or not.

If you are in a simliar "violation" of VeRO policies, it might be worth contacting ebay and find out who it was who turned you in....the company itself, or another ebayer/competitor with an agenda.

[tdumonde2014]

Whenever you receive a Vero violation you are given email address so that you may contact the rights holder. Were you given an email address? Can a non Vero member file a complaint?

[tdumonde2014]

Looks like you're drop shipping from China, A country known for counterfeits and a disregard for trademarks and copyrights.

[rochills1]

I was given an address, however it wasn't them who made the complaint. It was another ebayer, and while ebay won't tell you directly who it was, they did file a complaint against the person who I suggested WAS the person who filed it (by them filing the complaint, that would seem to me verification of who it was...plus the customer service rep kinda let it slip out I was correct in my assumption). So, yes, apparently anybody can file a VeRO complaint. Makes sense, I don't see Epson/Seiko digging through my sold items to find "violations" long after the sale and with none of those items presently listed by me.