unauthorized reseller

Question

We have an eBay seller selling our patented product without authorization. They're selling it as new despite the fact that they are not an authorized seller. We are the manufacturer, tooling owner, and patent owner so there is no way the goods they're selling are new. Does eBay have a process for removing the listing?

rfmtm · Answer

As long as they are legally obtain and authentic, they don't need your authorization to resell them. Only if counterfeit or otherwise infringe do you have the right to have ebay remove them as previously posted.

wooden_flower · Answer

@greenlightinnovations

You can file a complaint and request removal if they are violating your patent or intellectual property, using your images, etc. If they legally purchased the items from you, they have the right to resell them. (Check on the term first sale doctrine)

To file the complain, you need to join the VeRO program - click the link to report IP infringements here -

https://www.ebay.com/help/policies/listing-policies/selling-policies/vero-policy?id=4349&st=3&pos=1&query=Verified%20Rights%20Owner%20(VeRO)%20policy&intent=Vero&lucenceai=lucenceai&docId=HELP1276