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VeRO participant profiles
LIFE CELL, Particle for Men LLC, Dermalogica Company don't have VeRO Participant PROFILES and Counterfeit item policy. E bay restricted My account ???
VeRO participant profiles
https://www.ebay.com/sellercenter/ebay-for-business/verified-rights-owner-program#m17-1-tb2
“eBay isn't an expert in the intellectual property rights of third parties. As a result, we aren't in a position to make a
judgment as to whether the item you have listed is authorized or legal. This is why we urge you to contact the rights
owner directly.â€
ebay discriminating, prejudice and bias policy ebay. All trademarks and copyrights are acknowledged, they are only used for informative description of the items offered for sale. All items are authentic as evidenced in photos, legally acquired and owned, and hence covered under First Sale Doctrine
LCSKINCARE
rfmtm
Mentor2 years agoDo not relist until the VeRO member lifts the complaint.
If a VeRO take down you can fight it, as you have a legal right to resell an authentic legally obtained item as long as you don't otherwise infringe on the owner's rights, or have a contract with the company agreeing not to. Companies can not legally have ebay remove an item just because the don't want you selling it on ebay. Unfortunately some abuse VeRO and do it anyway.
First contact the VeRO member, give them the facts supporting your authentic legally obtained item. Telling them you want to work this out before going to your attorney. If no answer or an unsatisfactory one, the easiest thing to do first is have your attorney send them a letter, making sure to copy ebay's legal department. This alone often has an abuser back down.
However, if they don't back down and it is clear abuse you have the right, for a reasonable fee, to file in your local federal court, making them come to you. Plus in federal court the loser pays the winner's costs and up to trebled damages. This step even more often backs the abuser down.
Many have done this and won, even without an attorney, and once eBay's legal department is notified of the outcome, they leave you alone. Still, hardly worth it unless you have damages and it is affecting your ongoing business.
If this is a common item that appears many are having taken down, then you may be able to find a public advocate group with legal resources to take on your case in the public's interest. Once a group like this files on your behalf, almost all abusers settle out of court, often with a payment to make it go away.
You also could file a counter notice, and while this is only legally recognized for copyright, ebay treats it differently and will require the rights holder to show he has started legal action against you for the infringement, or will otherwise let you relist the item.
Obviously the VeRO abuser counts on you not knowing what to do, or that it isn't worth the trouble, so gets away with it. An honest VeRO member will respond with the reason for the take down and if just something in the listing, let you correct it.
Unfortunately letting VeRO strikes go unchallenged stay on your ebay record, and you risk permanent suspension. So sometimes it is just easier to avoid listing certain items on ebay.