People making wrong statements
Hi has anyone have a problem with someone saying that they are selling fake items and it is not true. I am.. but what I have is not fake, it is real, and eBay took it down and said I needed to speak to the person or company that said that in order to put it back on they need to contact eBay. Why……? The other person is not responding to me. I don’t know what to do
13 comments
luckythewinner
·2 years agoIf the company used eBay's VERO system to report your listing as an intellectual property (IP) violation using a Notice of Claimed Infringement (NOCI), then eBay took your listing down in order to use the Digital Millennium Copyright Act (DMCA) to shield itself from liability for any of your IP violations.
If so, it is out of eBay's hands. eBay cannot possibly known every aspect of the IP status of every one of the 1.5 billion listings on the site. It is up to you to work it out with the IP rights owner, but they really have no incentive to do that.
Your only recourse against a NOCI is to file a counter-claim against the IP owner and essentially dare them to take you to court. If they fail to take your court, eBay is permitted to reinstate your listing and retain its liability shield. However, just because eBay is permitted to reinstate your listing does not mean they will actually do it.
sshana
OP2 years agoEveryone I think I worded it wrong. I purchased the item along with a massage chair and decided I did not want it, so I put it on eBay for sale like I did on Craigslist and offer up. I did not know I did anything wrong. I have receipt for it. I am only selling the one thing.
toysaver
·2 years agoIt is the company that makes the genuine product that initiates a counterfeit claim and the subsequent takedown. They have trained personal combing the internet to spot fakes. It hurts their bottom line so is worth the expense. Retail and outlet stores are not immune from selling knock off products. Counterfeiting has so lucrative and some products are so well made it's a growing problem.
Counterfeiting is illegal. Selling counterfeit goods is illegal. EBay works to protect themselves from any association with such activities.
sshana
OP2 years agoI bought the product from one of their companies. Along with a 6 thousand dollar massage chair. It not fake I have a receipt, I decided I no longer want it so I was selling it. I only have mine and it was never opened. What am I doing wrong. I thought I putting it on like Craigslist.
albertabrightalberta
·2 years ago@sshana
What did you have listed that was alleged to be fake?
sshana
OP2 years agoA Red light for the face.
fashunu4eeuh
·2 years agoWhy, you ask. Because it is the law. If a right’s owner reports a listing for infringement or counterfeit, eBay is bound by this law to remove the listing. And it cannot be reinstated without the permission of the right’s owner.
The Digital Millennium Copyright Act (DMCA) of 1998 is a federal law that is designed to protect copyright holders from online theft—that is, from the unlawful reproduction or distribution of their works.
sshana
OP2 years agoI purchased it. Along with a 6 thousand dollar massage chair. I decided I no longer wanted it. I was putting it on to sell. Like on offer up and Craigslist. What did I do wrong? How else am I to put on eBay?
itscalledapostingid
·2 years agoEbay is doing what they're required to by law.
Your question regarding the rights owner not responding is covered in the help pages for VeRO.
However you need to follow the policy and be 100% sure you aren't violating any copyright/trademark laws.
There could be legal consequences.
https://www.ebay.com/sellercenter/ebay-for-business/verified-rights-owner-program
sshana
OP2 years agoI was only selling something I purchased along with a 6 thousand dollar massage chair, I have a receipt. I was posting it like I did on offer up and Craigslist. How or what do I do different to post on eBay
kensgiftshop
·2 years agoWhat was the other item?
broto_64
·2 years agoWe need more details, was this a VERO takedown?
sshana
OP2 years agoI don’t know what that means I was just selling it because I no longer wanted it. It is brand new. I posted like I did on Craigslist and offer up. How would I sell it on eBay. What did I do wrong, I not selling anything else?