Advice Needed on VeRO (false claim)
I listed a set of sitting elves with the following title, "Pair of Elf Shelf Sitters Cute Plush Elves Heavy Bottom Bells on Toe and Hat New". These are made by a company called JWM for Hallmark. They are new with tag. Here is the description I included...
"Please note that your listing was reported for the use of the phrase 'Elf on the Shelf/Elf on Shelf' in the listing title or product description, which is confusingly similar to the registered wordmark "THE ELF ON THE SHELF" of our client. This constitutes trademark infringement. "
My position is, I didn't use either of the phrases they mentioned in their email response. The closest I came to that was "Elf Shelf Sitters"; however, that's what these are... Elves that sit, and the ideal place for them to sit is a shelf, so that would be the best description. These are totally different that the Elf on the Shelf. I just think it is a real stretch to call this a rights violation.
My question is, do I have a chance of winning an appeal on this? I'm not interested in relisting, just want to get the VeRO strike off my account.
Thanks for any help!
tobaccocardyahoo
·2 years agoIMO you crossed a line where it is unclear whether you did or did not infringe the trademark, and only a court can decide the issue.
What Ebay might do is unpredictable.
In a situation like this staying close to what Hallmark has done for the product, and not adding words to try to bring Elf on the Shelf buyers to your listing is the prudent course of action.
Good luck.
toomuchstuffagain35
·2 years agoThere were elves sitting on shelves LONG before elf on a shelf came along to claim them all as trademark infringements.
b86fiero
·2 years agoUp to you whether to file an appeal.
I won an appeal around three years ago. I got a VERO for using the capital letter "L" and the words "left right center" in a title. Company claimed they had ownership of the capital letter L and the words left, right & center could be confused with their LCR game.
I won and eBay gave me written permission to list my item. And I eventually sold over 700 of that item.
toomuchstuffagain35
·2 years agoFolks here always give the advice to "never relist that here" which just means these predatory companies win all the time.
Heck they don't even have to acknowledge any emails sent to them.
simba6
·2 years agoThe bots flagged out the words "elf" and "shelf". I would not list them again as you can be banned from selling for life it eBay keeps removing them.
I keep my elf sitting on top of the toilet tank just to avoid such issues.
auctionworks1
OP2 years agoThanks, I'm not planning to relist, don't want to chance another VeRO. Just hoping to get this one removed from my account. Wanting opinions on whether I have a chance in getting eBay to do that for me.
44012
·2 years agoThank you for making me laugh!
mtgraves7984
·2 years agoI keep my elf sitting on top of the toilet tank just to avoid such issues.
@simba6
No trademark infringement with 'Troll on a Bowl'. 😆