Arbitration

[buydavesstuff]

I am having issues finding the form(s) for filing an arbitration complaint against eBay. They keep removing listings as counterfeit that are not counterfeit and when I provide documentation, they fail to overturn the decision of their AI. I have contacted support dozens of times and they can’t do anything. There seems to be no way to have a human being evaluate a dispute.

[1786davycrockett]

@buydavesstuff 

@dhbookds 

That L. A. Dodgers logo and uniform is a trademark violation, which you are not authorized to replicate, without the permission of the Los Angeles Dodgers.

Maybe that's why your listings are being removed.

[rugerskick]

The larger issue you're identifying is ebay's  AI is making clear, incorrect decisions, and Ebay is hiding behind the AI decisions as an excuse not to do anything.  They are ducking responsibility for the false labeling of valid items done by the AI.  They also have zero desire to make the system better and improve the AI to recognize these items as valid.  

Its another way ebay is unnecessarily punitive and negative towards sellers who post valid items and haven't done anything wrong.

Apologist posters here always say, why would ebay do things against sellers that lowers their profits?  Why would they ever do such a thing, this or that?  Well here is yet another example of Ebay doing something against sellers that, by incorrect decision making, not even made by people, where they are lowering their profit.

[stephenmorgan]

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@buydavesstuff wrote:

I am having issues finding the form(s) for filing an arbitration complaint against eBay. 

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Notice_of_Dispute.pdf

Also read this. 

Go to section 19. Legal Disputes

https://www.ebay.com/help/policies/member-behavior-policies/user-agreement?id=4259&st=12&pos=1&query...

[meme6253]

Right, Good Luck with that, Never going to happen!

[bdmh-enterprises]

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@dhbookds wrote:

Ok, you are customizing trading cards........such as here:

https://www.ebay.com/itm/267481622523

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If that's what we're talking about then eBay is absolutely in the right for removing them and banning the seller. WOW they use the MLB logo, lucky not to get sued... "Fair use" does not allow you to throw together a bunch of other peoples IPs and make money from it.

I wish they would be this proactive with all Pokemon ones I report, usually to no avail.

[onefootflipper]

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@dhbookds wrote:

Ok, you are customizing trading cards........such as here:

https://www.ebay.com/itm/267481622523

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If I were ebay I would dump those as well.  I doubt that level of "Fair Use" would stand up in court. With you literally branding your cards with the MLB and Dodgers logos.  Toho also vigourously defends the rights to the Godzilla character as well. 

Also, you apparently sold 50 copies of a card numbered to 25. Real classy there.

If I were you and this is the route you want to go with your life then you should really carefully examine what Garbage Pail Kids and Wacky Packages do.

[theteamsetguy]

@buydavesstuff ,

The reason Ebay removed your listings is as follows.

Godzilla is heavily trademarked and copyrighted by Toho Co., Ltd., the Japanese film company that created the character, and they actively protect these rights to control the character's use in films, merchandise, and advertising. Unauthorized use, even in things like YouTube titles or advertisements, has led to legal action from Toho.

If you want to use the MLB logos below is how to apply for permission.

To get permission for MLB logos, contact Major League Baseball Properties (MLBP) or the specific team's licensing department to submit a formal request, explaining your intended use (commercial vs. non-commercial), and be prepared to sign an agreement, pay fees (potentially significant), and follow strict usage guidelines, as all logos are protected trademarks requiring written consent.

The Los Angeles Dodgers is also copyrighted and trademarked.

I know a high school class mate that spent 6 months in the federal pen for selling unauthorized Minnesota Twins items. He was selling 192 items before he was arrested by the FBI. You can google the story. When it comes to MLB protecting their trademarks it is no joke.

[onefootflipper]

Looks like the Godzilla cards have already been pulled again.

Can't you just come up with something better than trying to sell AI art trading cards of things you don't have the rights to?

[stainlessenginecovers]

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@buydavesstuff wrote:

It’s not a VERO takedown. Learn to read and maybe you’ll understand.

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So you own the Dodgers name and their Font?? You do NOT have a CR for this.

Also, in the opening post you NEVER stated you owned the CR!

So, learn how to communicate/write. 

1000 out of 1000 times a 'takedown' is done, it is a VERO takedown. Someone from VERO is 'reporting' and ebay does nothing but 'do it'. 

You then keep Relisting-which will do exactly what you said happened; you are now on the radar, so no longer takes a VERO to report. 

Keep it up and you won't have to worry about it because you will be permanently banned from selling.

[roccotacodad54]

"Original pieces of art that I created and I own the copyright to."

   If indeed you are customizing trading cards I take exception to that statement.  Creating a collage of images created by others and then embellishing them with some AI effects is hardly considered an origional piece of art by any stretch of the imagination.

  I don't consider collages I've made that I personally drew copying someone else's work(s) origional and won't claim so.  I've done origional pieces and collages and the collages are copies, not origional.

  Embellishing anothers image(s) isn't origional art...........................

[tobaccocardyahoo]

As you should now understand, business people are more likely than artists to understand when an artists works violate the intellectual property rights of others.

I have not yet seen any fan art which is not an IP infringement. The term counterfeit is used broadly for many types of IP infringement, and you cannot prove the card posted represents your intellectual property and does not infringe on the rights of others. There would be no market for your product were it not for the trademark rights of the Dodgers, Gozilla and MLB.

[luckythewinner]

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@buydavesstuff wrote:

I am having issues finding the form(s) for filing an arbitration complaint against eBay. They keep removing listings as counterfeit that are not counterfeit and when I provide documentation, they fail to overturn the decision of their AI. I have contacted support dozens of times and they can’t do anything. There seems to be no way to have a human being evaluate a dispute.

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If it is a VERO takedown, your dispute is with the IP owner who filed the VERO notice, not with eBay.

If it is not a VERO takedown, you'll have a hard time arbitrating away the fact that you agreed that eBay can take down any listing at any time for any reason: 

EBay User Agreement: 

 "We reserve the right to refuse, modify, or terminate all or part of our Services to anyone for any reason at our discretion"

https://www.ebay.com/help/policies/member-behaviour-policies/user-agreement?id=4259

[grann-4629]

With respect 😉

You suggested that AI was responsible for making the decision. How do you know these were not VeRO takedowns?

I have never heard of a form used for filing an arbitration, unless it's a new thing you can buy at Staples. I would use a letter or something allowing a better narrative to describe the issue.

tks

[lakefor94]

Arbitration for listing takedowns. That is a funny one. Entitled sellers never cease to amaze.

[grann-4629]

You're spinning your wheels here Man! The problems with AI have been discussed here many times, and the solution has been offered just as many times.

You know that.

You also must know that you can't 'win' in an argument with AI. If it removes your legit item incorrectly, tough for you. If you relist the item, then really tough for you.

The advice to look for another venue to sell your stuff is probably the best advice you're going to get. Good luck!