False Vero item removal... or so I think
I would like some advice and if necessary recommended attorneys . Thank you in advance.
I have contacted their attorney over and over again. No response from them. This is the second time I have gotten a Vero from them. My mistake in resisting, but since plain as day it says my listing is legit , I had assumed it was a mistake on their part. Basically if we played by their rules, every car part on Ebay needs to be removed unless its o.e.m. and O’reillys and Autozone have big lawsuits coming since they basically only sell car parts that fit other brands.
They have killed my sales across the board on everything I sell. I think I need an attorney. The email from Ebay says in black and white my listing is legit…..
We had to remove your listing because it didn’t follow our VeRO Brand Name Misuse Policy. You may not use brands names in your listings if the product isn’t manufactured by or compatible with that brand
What activity didn't follow the policy
Your listing was reported by the rights owner (below) because you have used the term
“Vero companies name."
When listing this product please do not use the term (Vero company) in your title, item specifics, images and/or description.
What you need to do next
Please ensure your current and future listings follow this policy.
What is the policy
- Your listing was reported by Vero company for using their brand name inappropriately. eBay’s Verified Rights Owner (VeRO) program offers intellectual property owner(s) a way to report listings that they believe infringe on their rights
- Brand names cannot be used in listings if the product isn’t manufactured by, or compatible with, that brand. You may use "compatible with", "fits", or "for" before a brand name, if the item described is specifically designed to be compatible with the products of that brand.
(I believe I follow this policy 100% which makes my listing not in violation)
-- Using a trademark owner's logos without permission is not allowed.
- If you believe a mistake has been made, you will need to contact the rights owner directly. If the rights owner approves your appeal, please have them contact us directly to reinstate your listing(s)
You can send an email to:
Their Attorneys email.
My listing:
2 PACK MY COMPANY NAME "Item listed for sale" FITS Wide mouth 18, 20, 32, 40, 64 oz, VERO COMPANY NAME
Also my company name is trade marked.(by me) If that matters.
lacemaker3
·3 years ago@southwest_sales480,
After taking a look at your current active listings, and reviewing the policy, I think that your lids for sports water bottles may be considered "universal fit" since in many cases, you list multiple OEM brand names, or the lids appear to be identical on listings with different OEM brand names. The policy says that you can't use any brand name with "fits" if the item is a universal fit.
https://www.ebay.com/help/policies/listing-policies/search-browse-manipulation-policy?id=4243
Policies like this are deliberately written to be non-specific, so they can be interpreted as needed. The interpretation will be broad, and calculated to cover as many situations as possible. So you should not use a very specific definition for "universal fit" that would allow as many items as possible. You should expect that the interpretation will be made to exclude as many products as possible, so I would expect that a lid that can fit multiple products would be considered "universal". Your lids appear to fit that definition, so they would not be allowed.
eBay does not make the determination or interpretation when a VeRO take-down is involved. It is the company that owns the intellectual property (or their lawyers) that decides whether to take down the listings. eBay complies automatically. Arguing the policy with eBay will be futile. The VeRO policy protects eBay from liability by taking eBay out of the equation completely. eBay is not going to give up that liability protection.
The only way to change this interpretation would be to get a court verdict that provides a different interpretation. You would need to find a lawyer with experience in this kind of law. This community is not a good place to find recommendations for specific lawyers.
southwest_sales480
OP3 years agoThank you for your feedback. There are quite a few brands that these lids will not fit, so I don’t think it can be considered a universal fit.
lacemaker3
·3 years agoApparently, the company name that had your listings removed does not agree with your assessment.
They hold all the cards, and they can make that decision. This isn't a debate, and your interpretation is not going to be taken into account. eBay is not going to be pulled into this argument.
"Don't spit into the wind." You've had the listing removed twice. The next time is likely to be a permanent suspension from selling.
richard1rst
·3 years agoThis may sound very picky, but then again lawyers can be VERY picky.
fits (before a brand name)
Maybe if your headline read
FITS VERO COMPANY NAME Wide mouth 18, 20, 32, 40, 64 oz,
THEN "fits" is "before" the brand name not spaced so far away as to potentially mislead a lazy reader. Trust me this place is overrun with them.
southwest_sales480
OP3 years agoHaha. This is true. Thank you for your reply.
mam98031
·3 years agoIf your listing was actually removed, this would not be a fake Vero violation.
Now it could be one that isn't justified or is otherwise wrong but that doesn't make it fake. Fake Vero violations can not cause your listing to be removed.
southwest_sales480
OP3 years agoYes my list was removed but I think it’s a false claim.