A member of VERO claims to have copyright trademark on Mattel & Barbie? HOW?

[goodluckselling]

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@dolldesigns4u wrote:

Goodluckselling - Sighs - we've already discussed what you had posted.  I am not mis using the Barbie brand name.  This is NOT what this thread is about.  It is about a seller claiming the rights to the design of a barbie doll dress that Mattel had already made years ago.  We are allowed to use "fits barbie" in our descriptions per Ebay policy.

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I can assure you that the only thing that might be licensed in the pattern not the finished product.    Your items and the other seller you are disparaging do not have authorized finished doll dresses. 

As to the VERO member being valid. 

• How do you know they are not properly licensed to conduct VERO actions on eBay? 
• Have you followed all the steps eBay sends you when this happens?
• I think you can contact eBay back when the VERO member does not respond to your follow up counter claim and have them review the case?

Also your first listing does not say anything about Fits Barbie.  It clearly says Vintage Barbie (first two words) which indicates to me this is an authentic Barbie dress which is it not. Nothing in the description or item specifcs as well.

I want you to succeed but you have a lot of issues going on with your product line and listings actions.

Good Luck Selling!

[dolldesigns4u]

All my auctions now say "fits Barbie.  Even though thousands of other sellers do not say that in their auctions.   I have contacted VERO customer service multiple times, and they give me the same answer.  "you need to contact the seller and work this out".  However, the seller has me blocked and I cannot contact her.   And she knows exactly what she is doing, she is trying to get rid of the competition so she will have the only dress design on ebay.

[whatmorefabric]

She had to file a claim with Ebay.   The claim is called Notice of Claimant Infringement.

Do you know what it is she is claiming as the infringement?

[dolldesigns4u]

Back in December, 2017 I made my own copy of a Barbie Dress design by Mattel.  This is a reproduction of a 1960's Mattel doll dress.  It is not an exact replica.  It is a variation reproduction similar to the original Mattel dress.  In March, 2018 an Ebay seller copied my design and now claims it as her own original design.  She signed up for VERO, claiming she has the rights to this doll design.  Now she is getting my auctions deleted,  by saying she had the design before I did.   There is no way Mattel gave her permission to do this.  Mattel has not granted anyone the copyright to their barbie dresses.

[dolldesigns4u]

Boston fabric stash,  this seller is claiming I infringed on her doll dress design.  

[tiramisu41]

@dolldesigns4u

Instead of everyone getting worked up in a tizzy trying to guess on what basis the person is claiming VERO and what right she has to do so, would it be possible for you to post a copy of the VERO infringement notice you received from eBay with the name of the complainant blacked out?

I just think it would be easier/better for people to give you advice about how to proceed if they could see the actual wording of the complaint as it took several pages in this thread to even clarify that the pattern in question here ISN'T one that was created/sold by a commercial pattern company and/or Mattel but in fact was an original creation based on vintage patterns of the day.  There may be other details that would be helpful to know in trying to help you if others could see them first-hand and in black and white.

Just a thought...

[fisstan0]

Seriously, you need to consult an attorney or your selling days will be over.
Any other venue you go to this seller may follow you and get your listings removed.

[mcdougle4248]

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@dolldesigns4u wrote:

All my auctions now say "fits Barbie.  Even though thousands of other sellers do not say that in their auctions.   I have contacted VERO customer service multiple times, and they give me the same answer.  "you need to contact the seller and work this out".  However, the seller has me blocked and I cannot contact her.   And she knows exactly what she is doing, she is trying to get rid of the competition so she will have the only dress design on ebay.

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"All my auctions now say , "fits barbie".

When did you start using "Fits Barbie"?  Is it possible the other seller saw a weak spot in your titles and used the fact that that you were not stating something like this when the VERO was initiated?  The VERO may be just all about that.

[theposhmermaids]

Has the person ripped-off any other sellers like you?  If so, I would contact them and get as many people as you can to go after her.  Con artists rarely only target one person.  There is strength in numbers!

A number of years ago I had a problem buyer on ebay.  ebay wouldn't help.  I did some research and found several other sellers she had messed with.  We all contacted ebay with a united campaign and the buyer was NARUed the same week.

Good luck!

[goodluckselling]

Okay I checked your revision tab and it does show you changed them today.  Good job!  However you did miss the first one I mentioned.  It still has not been revised so you can do that last one and be done with the revisions.  

I would not operate as a seller on what the other sellers are doing but on how you can do things that are correct.  After all you have explained to use several times about the tough position you are in due to health and medicine issues, so you have to take the next step and follow the information eBay gave you in the VERO message.

__________________________________________

What happened to my listing?

If your listing was removed based on a VeRO report, eBay sent you an email with details about why your listing was reported and how to contact the rights owner directly for more information.

If you have concerns or questions about why your listing was removed, please contact the rights owner directly.

Contact us in the following circumstances

• You can't find the rights owner's email address in your removal notification email.
• You sent an email to the rights owner, but they haven't replied after 5 business days.

Sellers are responsible for ensuring that any item they list on eBay is authentic and that the listing description doesn't infringe on the rights of others.

Good Luck Selling!

[emerald40]

that the pattern in question here ISN'T one that was created/sold by a commercial pattern company and/or Mattel but in fact was an original creation based on vintage patterns of the day. 

__________________________________________________

I still question this.  She based hers on an existing barbie doll piece of clothes.

How closely did she copy it.  Doesn't there have to be enough of a design change otherwise this is copyright infringment from Mattel.  I doubt their coprighted materal just expire.

And you have to make enough changes so the common person does not confuse the two,

[thatsallfolks]

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@emerald40 wrote:

that the pattern in question here ISN'T one that was created/sold by a commercial pattern company and/or Mattel but in fact was an original creation based on vintage patterns of the day. 

__________________________________________________

I still question this.  She based hers on an existing barbie doll piece of clothes.

How closely did she copy it.  Doesn't there have to be enough of a design change otherwise this is copyright infringment from Mattel.  I doubt their coprighted materal just expire.

And you have to make enough changes so the common person does not confuse the two,

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But it's not infringing on the person who filed VERO, which is the topic here. I don't see where we have any info to make any kind of judgment about whether the OP infringed on Mattel, but that's irrelevent in this discussion.

[tiramisu41]

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@dolldesigns4u wrote:

I have contacted VERO customer service multiple times, and they give me the same answer.  "you need to contact the seller and work this out".  However, the seller has me blocked and I cannot contact her.   

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@dolldesigns4u

This other person may have blocked you from communicating via eBay Messaging, but the notice you received from eBay's VERO department should have provided you with her direct (outside eBay) email address.  Sure, I suppose she could have marked your email address as SPAM or is ignoring any messages you may have sent her direct, but if she doesn't respond to your inquiry within five days according the the eBay VERO FAQ, you can contact eBay and advise them of that so that they can investigate further and follow up on your behalf.

I'd just make sure that you have your email settings set up so that you retain copies of any emails sent in the event that eBay may want proof of the fact you tried to reach out.  I'd also message this person from within eBay Messaging saying that you have attempted to get in touch with her both via email and to her direct email address and have had no response.  That way, you also will have "proof" of that attempt in your eBay Messaging archives which eBay can see/review.

[philsumm]

File a counter-notice. That forces the other party to take action to prove their claim (which, BTW, they made under penalty of perjury).

Bingo!

If they do not file a suit against you, ebay will stop ending listings. At least that's the way it worked several years ago.

[tiramisu41]

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@emerald40 wrote:

that the pattern in question here ISN'T one that was created/sold by a commercial pattern company and/or Mattel but in fact was an original creation based on vintage patterns of the day. 

__________________________________________________

I still question this.  She based hers on an existing barbie doll piece of clothes.

How closely did she copy it.  Doesn't there have to be enough of a design change otherwise this is copyright infringment from Mattel.  I doubt their coprighted materal just expire.

And you have to make enough changes so the common person does not confuse the two,

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@emerald40

See the two links I provided in Post #60.  Apparently, there seems to be a bit of a grey area when it comes to whether or not patterns are copyright-able.   Many say no, however, the product made from one may be.

If you want to adhere to the general guidelines about copyright, yes a copyright certainly does run out at which time it is deemed in the public domain.  However, there isn't even a consistent "clock" for that either.  It used to be 70 years, but depending on a number of factors it could be as few as 25.  Not a simple answer or issue which is why I wish the OP would post a copy of the actual violation notice she received so we can tell exactly what is being claimed as infringement.