Ebay restricted my account because of counterfeit policy, item is not counter fit!

[redleg-2]

EBAY restricted my account for 10 days due to them deciding my item was counterfeit. When I first started selling I would use prefilled titles when you plug the upc number in the create a new listing and most would use the would "authentic" so I did not see the issue as my items are legitimate. After about 6 months they started taking my listings down because of the word "authentic " in the title. I would call and no representative could explaine why. They would just read me some pre-wrote message. Finally on my second suspension a lady explained that you can not use the word " authentic" in the title. Well the other day I listed " Drunk Elephant C Firma Fresh" the listing read "Drunk Elephant C Firma Fresh Day Serum 1 oz " I used all my own photos wrote my description in my own words, no copy and past and then I get this message(listed below) I want to challenge this because I can provide proof of authenticity thru the batch number on the product. In the help section it says you can reply to the e-mail customer service keeps saying someone will call back and they never do. What are the steps I can take to challenge their decision. Thank you

Hello redleg-2,

Your account has been restricted because activity on it didn't follow our Counterfeit item policy. We don’t allow counterfeit items, replicas, or unauthorized copies.

What activity didn't follow the policy

More specific details are provided below.

What you need to do next

Items removed for this policy cannot be relisted. Please ensure that your future listings are for authentic items only. For these items, they should be described accurately and completely, so buyers know that it is an authentic item.

What is the policy

- Counterfeit products are illegal and not allowed on eBay. Examples include:
-- Fakes, copies or replicas of brand name items (for example, a shoe with the Nike name or logo that wasn’t made by Nike)
-- Electronics or accessories that use or bear the brand name, logo or trademark of a company that didn’t manufacture the item
-- Bootleg recordings from concerts or other live shows
-- Unauthorized or pirated copies of movies, videos or software
- Listings with photos that hide or blur trademarks are not allowed
- If you’re not certain that your item is authentic, or if an authenticator has been unable to confirm its authenticity, it may not be listed
- We may remove listings if we receive buyer complaints that the item is not authentic. These items may not be relisted

How this affects your account

Because you haven't followed this policy in the past:
 
- Listings that don't follow our policy have been ended.  
- A temporary 10-day selling restriction has been placed on your account (starting on the date of this notice), and your other listings will be hidden from search during this period.  Listings will automatically be restored and show up in search results after the end of the temporary restriction.
- All fees paid or payable for listings that are ended and/or hidden from search will not be refunded or otherwise credited to your account. 
 
Listings that don't follow this policy in the future will result in additional actions, which could include: restriction, suspension, hiding listings from search, ending listings, loss of seller rating, and forfeiture of fees.

Why we have this policy

This policy prevents the sale of counterfeit items, which are illegal, and could expose sellers to legal risk. Removing them protects sellers and their buyers from buyer protection claims and financial loss.

More information and help

https://www.ebay.com/help/policies/prohibited-restricted-items/fake-items-policy?id=4276

Listings not following policy

203762478590 - Drunk Elephant C-firma Fresh Day Serum - 1oz

We appreciate your understanding.

Thanks,
eBay 

[disneyshopper · Accepted solution]

What is the company that manufacturers this item?

[shipscript]

@redleg-2 

I see a lot of Drunk Elephant products for sale on eBay. Do you have purchase receipts? That is usually what eBay asks for when dealing with counterfeit claims.  This would be particularly important if a boatload of chinese knockoffs (perhaps all with the same lot code) landed on our shores to be distributed through captive warehouses and outlets.

Are your listings the only ones being taken down or are all of the listings for that one product coming down?

I see that Drunk Elephant typically sells through Sephora (which has an eBay store) and through Ulta Beauty.  If either of these two licensed outlets, or the manufacturer, tried to open an eBay Vero claim for rights infringement due to a distribution contract, eBay would not honor the request. So perhaps one of them is using the counterfeit route.

https://pages.ebay.com/seller-center/listing-and-marketing/verified-rights-owner-program.html?mkevt=...

"Q. A rights owner is just trying to eliminate competition. Why does eBay trust rights owners more than sellers? 

A. VeRO may only be used by rights owners to submit claims of alleged intellectual property infringement. eBay doesn't accept reports from rights owners alleging violations of selective distribution agreements, MAP policies, or other contractual agreements."

If you can produce receipts, I would recommend that you contact customer service again and provide those receipts and then ask whether the reports may be malicious.

[dryophelia]

It seems Shiseido Company owns Drunk Elephant. 

[shipscript]

@dryophelia 

Good catch. I found the acquisition announcement following your lead

https://corp.shiseido.com/en/news/detail.html?n=00000000002773

And, since they are actively pursuing what seem to be single product counterfeits, that is very likely what is happening here.

[redleg-2]

It is Drunk Elephant Skin Care.

[redleg-2]

Thank you for your input. I will try to call back. Sometimes it seems when you ask them things they just re read the first vague message over and over again. It was only one of the drunk elephant items and it's been listed and sold a few times over the past year. No customer complaints or returns on any of the products. 

[shipscript]

@redleg-2 

So this is the analysis so far.

• Drunk Elephant is the company name.
• That company was purchased by Shiseido two years ago.
• Shiseido is actively pursuing single item counterfeits of their products (meaning that counterfeiters choose a single item and make knock-offs of that item, or that they make some new item and put Shiseido's name on it)
• It is very possible that there is no such thing as "Drunk Elephant C-firma Fresh Day Serum" and that it is a counterfeit fabrication.

However, if you have receipts that show you purchased from one of Drunk Elephant's authorized retail outlets (Sephora or Ulta Beauty), then something else is going on and you will want to talk to customer service.

[redleg-2]

Yes I do have receipts. Someone else mentioned that also. It's so hard to talk to their customer service. They just reread you the same prepared script and it seems like you can never get your questions answered about anything.  Thank you for your input.