Account suspended for having a Roblox item listed?!

[childrenstoyzone]

Several months back we received an email from eBay stating that all items with Roblox in the title had been taken down due to it being counterfeit. I was not it was a Roblox toy bought from the store which we had listed for our daughter as she no longer wanted it. I read somewhere that Roblox had filed a lawsuit against eBay, however...

In the email we received from eBay it stated all listing had been removed, so we thought nothing of it as okay we just wont list Roblox items. Now months later we have just been suspended because they found a listing with Roblox in the title that was listed BEFORE they sent the email and said they removed all Roblox listings.

So now our account we have had for years, had 100s of listings has now been deleted/suspended. 

[ckimodog]

@childrenstoyzone 

Digitally delivered goods are a violation on eBay. 

https://www.ebay.com/help/policies/prohibited-restricted-items/electronically-delivered-items-policy...

You were lucky to get what you did.  Roblox goes after companies that allow this type of selling as no seller here who sells in this fashion has the rights to THEIR product.  Huge violation & just because others are doing it, doesn't make it right or legal.  They'll get caught eventually and the same will happen to them.  

Sorry for your situation, but it appears you won't be selling anymore.  

Good luck with future opportunities.  Next time, do the right thing, read the rules and you'll have no problems.

[toomuchstuffagain35]

Not all Roblox items are digital.

They have no right to take down pre owned TOYS just because they have the Roblox name.

Just as just because Minecraft is a game doesn't mean there aren't MANY many Minecraft items that are tangible (not to mention licensed products, just like the Roblox ones).

[ckimodog]

@toomuchstuffagain35 

I understand.  Yes, there are tangible items.  However, does roblox want them to be sold on eBay by random sellers or authorized dealers?  Who knows?  It looks like they are making themselves rather clear with the DDG games though.  I'm seeing more of these types of sellers coming on these boards stating they were suspended per DDG's.  Sounds like eBay may be cracking down finally or maybe it's just the bots...lol

Happy Selling

[toomuchstuffagain35]

Every Roblox toy I've sold in the recent few years does have a digital coupon code in the pack, but I don't see why they have a right to stop people selling pre-owned (and paid for) items under First Doctrine.

There's no earthly reason (unlike certain products where I see their point about proper storage/warranties etc) you need to be an 'authorized reseller' to be able to sell these.

[slati_2013]

Once you were told you could not list them, it was you job to take all of them down. eBay may have missed it, but if you knew it was still up, you should have taken it down. For eBay to be able to legally defend itself in court, it has to show it took action when requested by the rights holder, 

[robbie31415]

I don't agree if it was the toy that got you taken down.

Ebay does reserve the right to limit any product they want for any reason.

However, I feel you got swept up in Roblox digital goods removal.

There are so many Roblox violations that I could see a mistake happening here.

[fashunu4eeuh]

Hi, @childrenstoyzone 

So sorry this happened to you. Since you are located in the UK, have you tried reaching out to the UK eBay Selling forum? The rules are sometimes different between nations.

[kabilab]

They have no right to take down pre owned TOYS just because they have the Roblox name.

If the THEY is referring to e-Bay, I would guess their legal dept. has structured language that deals with item removal and their rights.

[toomuchstuffagain35]

No, the THEY was referring to Roblox or their agents.

[monster-deals]

---

@toomuchstuffagain35 wrote:

 but I don't see why they have a right to stop people selling pre-owned (and paid for) items under First Doctrine.

---

They don't.

But ebay has VeRO and it it used as a sledgehammer to put the problem into your hands.

[toysaver]

It's naive to assume a Roblox toy bought in a store couldn't be counterfeit.   Retailers are not immune from being scammed.  They are also not immune from trying to make a fast buck and buying inventory off the back of a truck.  

[soh.maryl]

It's eBay's site.  Thus they have a right to take down anything they want to take down.

eBay can suddenly decide that they do not want green shirts, pink flamingos or yellow pitchers sold here, can take them down and will be entirely within their rights to do so.  

[toomuchstuffagain35]

See #10 they doesn't mean ebay

[tobaccocardyahoo]

Arguments that Roblox does not have the right to stop you from reselling their products are based on the First Sale Doctrine.

Ebay has the right to stop you from reselling Roblox products on their site, and can legally agree as part of a settlement with Roblox to do so.

It would be easy enough to go to your active listings page in the Seller Hub, search for Roblox in the Item Title and close the listing. That is what you should have done, rather than trust an Ebay bot to do your job.

It is an ugly situation, but was completely avoidable.