How to remove vero violation and reinstate listing?
Received a vero policy on one of my listings for patent. I have checked their company and it is nothing like my product. I have sent them an email but they have not responded. Anyone know if i should follow up or do i contact ebay customer service?
11 comments
luckythewinner
·1 year agoThe entire purpose of the VERO program is to shield eBay from liability arising from your listings.
In exchange for that liability shield, eBay agrees to remove your listing as soon as they receive a notice of claimed infringement regarding your listing.
eBay has absolutely no incentive to make a judgement about the validity of the VERO claim.
They are not subject matter experts when it comes to the intellectual property status of the 1.5 billion listings on their site, so they are not going to assume liability for your listing based on your interpretation of a patent. And they certainly aren't going to hire a patent attorney to investigate in hopes of getting a few dollars in fees from your listing.
albertabrightalberta
·1 year agoI assume you sent the email (counternotice) to the email address on the VeRO takedown message, right?
They have 10 to 14 days to respond.
The following is really helpful in knowing how to dispute their claim and what to expect from them and the timeframe they need to do it in.
https://www.thelaw.com/law/how-to-respond-to-a-dmca-takedown-the-counter-notice.312/
luckythewinner
·1 year agoIf the company does not respond to a counter-notice, eBay can choose to restore the content and keep their liability shield intact.
But there is absolutely nothing that requires eBay to restore the alleged infringing content. The DMCA is about protecting eBay from liability, not granting any rights to the seller.
circledaily
·1 year agoExactly same situation I've got in today.
His patent is differenet from mine accord to the IPO registered design
inhawaii
·1 year agoYou would have received a message from ebay when the item was taken down.
That message contains a email to contact the company responsible for the takedown.
If you can satisfy that company, they will advise ebay to reinstate the listing.
I've successfully done it once before.
Good luck.
slippinjimmy
·1 year agoIf you have messaged the complainant and they have not responded within 5 days you can contact eBay.
https://www.ebay.com/sellercenter/ebay-for-business/verified-rights-owner-program#m17-1-tb1
What was the item and what was the company that filed the infringement notice?
healthbuddies
OP1 year agoIt was a leather wallet. The company is called Spirid Creation BV dba Secrid B.V
Is there another email i can send to on that link you provided? or do i find the company in question
brightlightbookseller
·1 year agoThe only email you should need is the one in the notice about the VeRO takedown. That will be filled in by the company that sent the notice to eBay, they have to put an email address or they can't even submit the form for the VeRO violation. If you haven't emailed them yet, do so and explain the situation.
healthbuddies
OP1 year agoHi, i sent an email 3 days ago already to the company but they have responded yet. i have also followed up
slippinjimmy
·1 year agoSo contact eBay if you haven't head from them by Tuesday morning (I suspect it's 5 "business days" not 5 calendar days).
luckythewinner
·1 year agoThe company that filed the VERO notice has almost no incentive to respond to you. They probably think the chances that you will file a lawsuit against them are pretty low.