VeRO Brand Name Misuse Policy question
Hello, I sell authentic movie memorabilia such as one-sheets (posters) and received a VeRO Brand Name Misuse Policy violation recently. I am confused as to the actual violations I allegedly committed. I've read through eBay's VeRO policy pages and am still unsure. I'm posting this hoping someone can explain this to me.
In my sales, I include the name of the film that the one-sheet was produced for as well as photos of the item itself. However, a film production company flagged several of my sales for using their brand name inappropriately. Below are the policy violations they are claiming along with my comments in italics:
- Your listing was reported by <Production Corporation> 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 can confirm that the items I sell are authentic and produced as official marketing/promotion items of the film. I also can confirm I use the exact example language above that is acceptable by saying "this is FOR <movie name>"
-- Using a trademark owner's logos without permission is not allowed.
I do include logos but I do include photographs of the item for sale. I fail to see how this would be a violation.
- 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)
I am in the process of contacting them using the provided email address, but as with many other post here, I have little faith in an appeal.
My question is, how do I "appropriately" state which film that a poster is for and include images of the item for sale? According to the violation I received, stating: "This authentic one sheet is for the film <Movie Name>." is a violation.
kensgiftshop
·3 years agoIf you're using their logos without their permission, that would do it.
veviol-2
OP3 years agoI meant to say I don't, not I do use them.
slippinjimmy
·3 years agoYour question should be directed to the <Production Corporation>, they are the only ones who can answer correctly ("correctly" meaning what will it take to NOT have your listings reported again, this does not mean that their "correct" is technically legal or not). They are also the only ones who can instruct eBay to reinstate your listings.
fashunu4eeuh
·3 years ago@veviol-2 wrote:
â€I do include logos but I do include photographs of the item for sale. I fail to see how this would be a violation.â€
In sales (depending on how a logo is used) using a logo without the rights holder’s permission can be against the law. And therefore not allowed on eBay.
Below is a link to more discussion on the topic.
https://www.upcounsel.com/permission-to-use-logo#:~:text=A%20person%20or%20company%20should,letter%20to%20the%20trademark%20owner.
ckimodog
·3 years ago@veviol-2
There are many estates who hang on to their copyrights to this day. I believe Frank Sinatra's estate is also one of them, as well as the Jackson's. As others have suggested, don't relist them or you could certainly jeopardize your account permanently.
Happy Selling!
tobaccocardyahoo
·3 years agoThere are film companies and even individual actors who regularly report all movie related items which use their trademarks as infringements.
I usually avoid listing them online. For example, the estate of Richard Pryor reports all posters and other items which use his name.
stainlessenginecovers
·3 years agoOnce you have been tagged; do NOT try to relist here. Sell elsewhere or your selling career can be over...for life.