Absurb VeRO request from ebay

[geared_and_ready]

I received an absurd VeRO request from eBay. VeRO is Verified Rights Owner, I have disk brake rotors listed on eBay Motors with the title "Disc Brake Rotor Set TRQ BRA74943 - Nisssan Frontier, Pathfinder, Xterra, QX4" Nissan filed a VeRO complaint that I am unfairly using their brand.

eBays policy states " Brand names cannot be used in listings if the product isn’t manufactured by, or compatible with, that brand." 

The brake rotors are only compatible with that brand. I appealed the complaint stating that the Rotors are compatible with Nissan products. The appeal was rejected.

The absurdity of this is almost every listing for parts whether OEM or After Market on eBay motors list the specific name of the Manufacture and Model they are compatible with. This ruling basically is saying that you cannot list "Chevrolet 1500" "Ford F150" "Honda Accord" or any other make and model in your listing as it violates VeRO. If this is the case no one will be able to search out what you are selling.

Who and how to I contact at eBay to discuss this? I mean there are literally thousands of eBay listings for Nissan aftermarket parts with Nissan in the title. Are they going to take all of them down? The listing title was based on the example eBay gave me when I listed the item.

Need help!

[wastingtime101]

Disc Brake Rotor Set TRQ BRA74943 - Nisssan Frontier, Pathfinder, Xterra, QX4

The problem is you did not say "for" or "fits" or "compatible with" Nissan. You just said Nissan. That gives the impression it's Nissan brand.

[tobaccocardyahoo]

The problem is you and your inexperience in following the procedures to avoid creating buyer confusion in violation of the automaker's Trademarks.

You need to make clear that you are not claiming these to be Nissan parts by using fits, compatible with or other qualifiers.

You can avoid these problems and will have to.

[albertabrightalberta]

I don't recommend using "Nissan" in the title since the part isn't made by Nissan. 

Instead, title it "TRQ brand......." 

There are several other listings on the same item and none incorrectly use "Nissan" in the title but use the body of the description to give all the "compatible with..." specs.

[brightlightbookseller]

This is the way.

The compatible with section exists for a reason.

[kensgiftshop]

If that's the title you used, it reads as a Nissan item.

The VERO complaint isn't absurd since it isn't a Nissan item.

[luckythewinner]

eBay is not going to help you, because your issue is not with eBay - it is with Nissan.

The issue is not whether your listing conforms with eBay policy, it is the simply fact that Nissan chose to file a Notice Of Claimed Infringement (NOCI) through the VERO program. 

Under the OCILLA act of the Digital Millennium Copyright Act (DMCA), eBay can protect itself from liability for  intellectual property violations by eBay sellers if it promptly responds to VERO notices and promptly  removes the disputed content. 

eBay has absolutely no incentive to make its own judgement about the validity of Nissan's claim, because if eBay gets it wrong then eBay would become liable for the infringement alongside you. 

eBay's legal department is simply never going to allow some eBay customer support rep to override a NOCI claim under the DMCA, especially when that claim has been made by a multinational corporation with deep pockets like Nissan. 

[a_c_green]

---

@geared_and_ready wrote:

I received an absurd VeRO request from eBay. VeRO is Verified Rights Owner, I have disk brake rotors listed on eBay Motors with the title "Disc Brake Rotor Set TRQ BRA74943 - Nisssan Frontier, Pathfinder, Xterra, QX4" Nissan filed a VeRO complaint that I am unfairly using their brand.

[...]

Who and how to I contact at eBay to discuss this? I mean there are literally thousands of eBay listings for Nissan aftermarket parts with Nissan in the title. Are they going to take all of them down? The listing title was based on the example eBay gave me when I listed the item.

---

I don't mean to sound like I am nitpicking here, but one thing that might have set off alarm bells, if the title you're quoting above is a direct copy-and-paste of the title of the problem listing, is that you have Nissan misspelled as "Nisssan" (with three "s"s). Creative misspellings have been used in the past by dubious sellers trying to evade filters and such. 

The other replies here are all good; just thought I would mention this as well.

[albertabrightalberta]

Good catch @a_c_green !

[geared_and_ready]

Thank you for your reply. I can see that in some ads "fit" or "for" is in them, however there are a plethora of ads that do not contain those terms. eBay does not state in their T&C you have to use certain preposition or adverb, it simple says it has to be "compatible with". I am a bit green at selling on eBay, they should be more clear about the term. Also seems strange that for Domestic brands this does no seem to be an issue.

[geared_and_ready]

It is clear in my title that these are not Nissan parts, as I include the specific brand of the rotors and then what make and model they fit. There are a plethora of ads that do not contain those terms. eBay does not state in their T&C you have to use certain preposition or adverb, it simple says it has to be "compatible with". yes I am inexperienced at selling on eBay, so I used their suggested ad information and a goby for a similar ad. Other than just being in the "know" how would you know? The reply from eBay gave no suggestions on how to correct the ad. They should be more clear about the term. Also seems strange that for Domestic brands this does no seem to be an issue.

[geared_and_ready]

I do state the Item is TRQ then indicate it fits Nissan Frontier. I get what you are saying though.  eBay does not state in their T&C you have to use certain preposition or adverb, it simple says it has to be "compatible with". Seems strange that for Domestic brands this does no seem to be an issue.

[wastingtime101]

---

@geared_and_ready wrote:

Thank you for your reply. I can see that in some ads "fit" or "for" is in them, however there are a plethora of ads that do not contain those terms. eBay does not state in their T&C you have to use certain preposition or adverb, it simple says it has to be "compatible with". I am a bit green at selling on eBay, they should be more clear about the term. Also seems strange that for Domestic brands this does no seem to be an issue.

---

Here's one of the applicable policies:

https://www.ebay.com/help/policies/listing-policies/search-manipulation-policy?id=4243

"If the item is an accessory for or compatible with another item, "fits", "for" or "compatible with" should be stated before the name of the compatible item. However, "fits", "for" or "compatible with" is not allowed before the brand names of jewelry, clothing and accessories, or universally compatible items"

[tobaccocardyahoo]

---

@geared_and_ready wrote:

I do state the Item is TRQ then indicate it fits Nissan Frontier. I get what you are saying though.  eBay does not state in their T&C you have to use certain preposition or adverb, it simple says it has to be "compatible with". Seems strange that for Domestic brands this does no seem to be an issue.

---

Another fundamental  failure on your part.

Ebay does not need to state anything. You are legally required to take actions which protect the trademark rights of others. Ebay has immunity from being a party to trademark disputes, so long as they take down listings which rights holders complain about.

You cannot sell your merchandise on Ebay without knowing how trademark law affects you. You cannot rely on Ebay to teach you. You cannot limit your knowledge to the Ebay help files or the notificiations they send you.

The same applies to copyrights and patents, not just trademarks. You can be held liable for patent infringement, even if you buy the infringing product from a manufacturer.

This is a nation of laws, and we have many which apply to us that we may be unaware of.

[mirror-in-the-attic]

If you do a search on Nissan and EBAY vero issues, you might see there are countless complaints about unfair vero actions taken by Nissan.   Some claim a misuse of the policy.  I only thought of this as I had been reading up on vero and it kept coming up with Nissan being a huge hit in search.