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Can a marketplace restrict my account for a counterfeit claim on an item I legitimately purchased?
Summary: A participant, adamfelch, had their listing removed and account restricted due to an intellectual property counterfeit claim on a Bass Pro Shops snapback hat they purchased directly from the store. They question how a genuine item can be flagged as counterfeit and seek advice on potential recourse and rights as a seller. rfmtm advises not to relist the item until resolution and asks if it was a VeRO takedown, noting that the claim might not be about the item itself but another rights violation. adamfelch expresses frustration over BassPro themselves making the claim and queries its ethics. The discussion centers on understanding the claim process and seeking similar experiences or advice.
I recently had a listing removed and my account restricted due to an "Intellectual Property Counterfeit" claim.
The item in question is a Bass Pro Shops snapback hat that I personally purchased from the Bass Pro Shops store in Atlantic City, NJ. It is a genuine item, not a replica, knockoff, or counterfeit product. I am simply reselling a product that I legally purchased.
I'm trying to understand:
How can a counterfeit claim be made against a genuine item?
Does the claimant have to provide proof that the item is counterfeit?
What rights does a seller have when they know the item is authentic?
Has anyone successfully appealed a similar claim and had their account restored?
Is there any recourse when a false or mistaken IP claim results in account restrictions?
It just seems unfair that a seller can have their account impacted based on what appears to be a questionable claim.
Any advice or similar experiences would be appreciated. Thanks!
comics-scifi-collectibles
Mentor1 week ago@adamfelch Do NOT relist without approval from rights owner... even then I don't recommend relisting as the bots are not reset and your listing could be removed again. If the listing is removed again you can be suspended.
Rights owners sometimes do not want their items sold on third party marketplaces especially if listed as new or using manufacturer images obtained from the internet.
https://pages.ebay.com/vero/
rfmtm
Mentor1 week agoDid you get a VeRO notice?
rfmtm
Mentor1 week agoDo Not relist until the matter is resolved.
Was this a VeRO take down?
Was this a Bass item or an item Bass licensed?
Also note sometimes a counterfeit claim is not for the item, but that you violated some other aspect of the owners rights.
adamfelch
OP1 week agoThe claim is from BassPro themselves it looks like. Why would they call their own merchandise counterfeit? Just to keep it off the resale market? That seems unethical and unfair.
adamfelch
OP1 week agoI don’t know the answer to the licensing question. It’s just a SnapBack hat that says bass pro on it. That again, I purchased directly from their retail store.