Appealing VERO

[dkcorner]

I had a listing pulled for VERO trademark violations.

I used my own pictures, I wrote my own description.   The message says, "your listing was reviewed after receiving a report from the rights owner that your listing used their trademark without their permission."

I had a picture I took of the product, if their logo is on the product, is that somehow a trademark violation?  Should I have listed it without the brands name, and without a picture of it in its package?

Is there any point in contacting the rights owner?  Has anyone ever had this corrected?

[chrysylys]

What is/was it?

[goodluckselling]

If you want to sell it here at eBay then yes contact the rights owner via the cointact info eBay gave you in the vero message.  Yes many times a seller is able to reverse the rights owner decision and that process should also be in your message.

I Personally would jusy forget about selling it here at eBay, but you do have some options available to you so think it over and make a plan moving forward.

Good Luck Selling!

[thallidguy]

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@dkcornerwrote:

I used my own pictures, I wrote my own description.   The message says, "your listing was reviewed after receiving a report from the rights owner that your listing used their trademark without their permission."

I had a picture I took of the product, if their logo is on the product, is that somehow a trademark violation?  Should I have listed it without the brands name, and without a picture of it in its package?

Is there any point in contacting the rights owner?  Has anyone ever had this corrected?

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Probably none of that is relevant.

My guess is that whoever made what you're selling tries to control distribution by insisting that only "authorized resellers" sell their items. IF this is the case, and you're just selling something that you bought retail or got as a gift, you could appeal under the First Sale Doctrine, which basically holds that "authorized reseller" restrictions don't apply if you bought it retail.

[rixstuff]

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@dkcornerwrote:

I had a listing pulled for VERO trademark violations.

I used my own pictures, I wrote my own description.   The message says, "your listing was reviewed after receiving a report from the rights owner that your listing used their trademark without their permission."

I had a picture I took of the product, if their logo is on the product, is that somehow a trademark violation?  Should I have listed it without the brands name, and without a picture of it in its package?

Is there any point in contacting the rights owner?  Has anyone ever had this corrected?

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It is possible it had their logo but wasnt one of their items.  Counterfeiting is all about deception.

[emerald40]

We have had sellers get listings pulled, fix it and think everything is fine, only to get is removed again and them banned.

Consistancy among ebay CS is not their strong suit.

If it were me, I would not list it here again.

[dkcorner]

I'm not gonna try and relist it, don't want any problems with my account.  I just don't think it should have been pulled, I didn't steal pictures or a description.   It wasn't any fancy brand, not worth counterfeitting, it was a Wembley brand wallet I bought at a department store.

[thallidguy]

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@dkcornerwrote:

I'm not gonna try and relist it, don't want any problems with my account.  I just don't think it should have been pulled, I didn't steal pictures or a description.   It wasn't any fancy brand, not worth counterfeitting, it was a Wembley brand wallet I bought at a department store.

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Since it was a VeRO takedown, then Wembley themselves (or someone willing to swear that they have the right to act on Wembley's behalf) ordered eBay to pull the listing, and it is possible to appeal it by contacting the trademark holder.

Based on what you've told us, I'm going to guess that the issue is not counterfeiting or use of copyright pictures/description, but they're trying to control distribution by going through resellers whom they authorize. But since you bought it retail, that should not apply to you. You have the right to re-sell it second-hand, no matter what.

[beyondhomeimprvmt]

Thank you so much for a helpful reply, it makes me understand my situation as well. 

[7606dennis]

I don't believe there is any way to appeal a VERO take down to eBay.  You will need to follow the procedure of filing a counter claim to the VERO members claim as should, I believe, be explained in the letter you received informing you of the take down.  If it wasn't, you may need to review eBay's Vero Policies and procedures.