Locked
Discussions in this board are limited to the original poster and Community Mentors
Bogus IP Violation Claim Exposes Ebay's Poor Due Process
Ebay incorrectly terminated a listing for an IP violation claim. The notice was not specific as to the alleged violation, so I responded with a request that they provide me the specifics of the claim - was it the ad copy, specific pictures used, or the item itself? I indicated my willingness to correct any violation.
Ebay responded by saying that the claimant was the manufacturer of the product who claimed that the items listed were counterfeit. Ebay mistook my response as an appeal of the termination as opposed to a simple request for clarification. Note that there was no other manner provided for the Seller to contact Ebay enforcement for a clarification other than throug the appeal link. The second notice indicated that the "appeal" was denied and that the listing termination stands. It appears that with their reply to my inquiry, my option to appeal has been terminated as well as the appeal link no longer appears on any page related to this issue.
Aside from the fact that the items are absolutely not counterfeits (unless the claimant/manufacturer is knowingly selling counterfeit products nationally to Walmart!), my beef is with the Ebay practice of not allowing a Seller a clear and fair way to defend and protect its business after providing the requested information regarding the claim in a clear and detailed manner. And then not allowing the alleged violator the opportunity to further the appeal.
Has anyone else had any problems with Ebay unilaterally siding with a Claimant resulting in an immediate cancellation of a listing without allowing the Seller the full opportunity to know exactly what the claim entails, thus providing him with the ability to file an appeal addressing the specific issue(s) claimed? If so, how did you handle it and what worked or did not work in getting Ebay to follow some semblance of "due process"?
gosimus
Mentor4 months ago@whunt001
< the manufacturer of the product who claimed that the items listed were counterfeit >
The claimant just doesn't want you selling the product. They say it's counterfeit whether it is or not, because that's the easiest/surest way to get eBay to remove the listing.
whunt001
OP4 months agoThank you for your response. I agree that this was likely the manufacturer's M.O. And indeed, it was effective as eBay terminated the listing immediately. I find it most interesting, though, that the manufacturer did not target what appears to be even one other Seller as the same listings (plus new ones since) have persisted for the exact same item. Some are listed at a higher price, a few at a lower price, but most right about the same as mine. I am still very curious as to why my particular listing stood out and was targeted from the almost 40 other listings active at the time mine was pulled. I realize, though, that it's moot at this point to continue pursuing a reversal - other than trying (fruitlessly, so far, I might add) to convince eBay that they should be a little more circumspect in baselessly accusing a good Seller of illegal wrong-doing.
Thanks again for your contribution. I wish you all the best success!
eastlaneave
Mentor4 months ago@whunt001
That sounds frustrating.
eBay must comply with an IP violation demand from the rights owner.
I am sorry they closed your appeal
A couple things to consider
1) Don't use photos that you download from the internet. Take your own photos.
You may use images, videos or text on eBay as long as your use of that content is truthful, accurate, and does not infringe third-party rights
https://www.ebay.com/help/policies/listing-policies/images-videos-text-policy?id=4240
Downloaded photos and ad copy, definitely violate 3rd party rights
2) If you are buying items at your local store and then reselling, consider listing as New Other or Used, rather than new. A manufacturer is less likely to object.
3) If you are shipping directly from Walmart, I want to alert you to eBay's drop shipping policy.
Drop shipping, where you fulfill orders directly from a wholesale supplier, is allowed on eBay.
However, listing an item on eBay and then purchasing the item from another retailer or marketplace (ie Walmrt) that ships directly to your customer is NOT allowed on eBay.
-- Here is a help page where you can learn more: https://www.ebay.com/help/selling/shipping-items/setting-shipping-options/drop-shipping?id=4176
I suggest you do not relist this specific item again. The bots will be watching your account in particular for this and similar items.
whunt001
OP4 months agoThank you for your suggestions. Generally very helpful in building a better business.
Aside from the fact that the manufacturer's only complaint as relayed by eBay was the items I listed were counterfeit (which they were not), my complaint mostly had to do with the lack of respect shown to a Seller with a small (500+) but perfect feedback record over the past 20+ years, and the lack of "due process." And as a Mentor and long-time eBay Seller, you most certainly are aware of the tack for which eBay is infamous - of immediately shooting the Seller upon receipt of any complaint from a Buyer - or, in this case, an IP owner - without investigating the facts or even solicting and awaiting a Seller's response. The letter sent was not only accusatory, but followed the eBay style of playing judge, jury, and executioner.
Okay, a bit on the melodramtic side, I know...
All that aside:
Point taken regarding the recycling of photos. Sometimes I have recycled and other times I haven't. You're right - got to get rid of the lazy short-cuts! (However, in this case, the complaint was specifically "counterfeit goods." There was no mention of photos.)
I'll give consideration regarding the listing type. Not sure I concur with the recommendation, but I do see the logic.
Interesting point regarding the drop-shipping. Never considered nor engaged with this method of sales and fulfilment with eBay. As with any sale of NEW purchased items from a supplier, these items were purchased at clearance, taken possession of, and shipped directly to the Buyer from my business location. Still, an excellent point to remember.
Finally, the "bots". Interesting that neither the manufacturer nor the eBay "bots" have located and terminated the 40 other current listings for this same item: most all using the same pictures, ad copy, listed as "New", and most likely having been purchased from Walmart nationally as Walmart placed these items on clearance nationwide. Fortunately, I do have other venues to move these items.
Once again, thank you for the time taken to provide generally good suggestions. I wish you well and much success!