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.

[inhawaii]

I fought a counterfeit takedown once.

The brand was Husqvarna.

It was a long tedious process.

In the end I won.

Husqvarna even notified ebay to reinstate my listing and they did.

[grann-4629]

AI eh?

Hmmmm ... got me thinking. That listing that was shown here looks an awful lot like the one I had AI draw of me sitting on my bike!

Is it possible that a big AI was taken out by a little AI?

[lakefor94]

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@inhawaii wrote:

I fought a counterfeit takedown once.

The brand was Husqvarna.

It was a long tedious process.

In the end I won.

Husqvarna even notified ebay to reinstate my listing and they did.

---

Not many, if any, have the pull you do.

[kensgiftshop]

@buydavesstuff 

I can't believe they would pull down your listings for those fake cards.

[grann-4629]

Lots of complaints, but no solutions being offered.

How would you teach AI to recognize counterfeit items by looking at a picture if a buyer, even an expert, can't do it from the same picture?

[oldwestgold]

eBay has taken down a couple of my items over the past 20 years because of their ignorance. AI is even worse at it. Since I sell coins, I am fortunate to send them in to be certified by one of their three approved grading services, and every time they have come back certified genuine. I then stick it in a supervisor's face with a phone call and relist the coin, stating that it was pulled down in error by an uneducated eBay staff member or AI. Never had a problem relisting them. I understand my listing category is different than the OP, but it does happen.

[oldwestgold]

You are incorrect. I have proven eBay wrong several times for taking down my listings. After certifying it genuine, I called and proved to them they were in error, and then relisted it. I have never had a problem. I understand my listing category is different than the OP, but it does happen.

[oldwestgold]

Yes, it has happened. I have had items pulled because of their ignorance. After certifying these items, I have had no problem relisting them after sticking it in the face of a supervisor. It does happen. I understand my listing category is different than the OP, but it does happen.

[grann-4629]

'Someone from VERO is 'reporting' and ebay does nothing but 'do it'. '

Before that happens, someone has to report the item to VeRO, usually an eBay competitor who is selling the exact same thing, but sells more and thus makes more bucks for eBay. This happened to a family member back in the early days of eBay when she was trying to sell 'screener' VHS tapes that were not supposed to be sold to anyone. Some of them actually had pictures that showed the 'not for resale' label on the tape!

[grann-4629]

It might have had something to do with the threat of cutting off some limbs ..

 nice going!

[bonanza125]

@oldwestgold 

When you submit documentation on appeal and its rejected then the decision is final. So my comment is correct. Just because you relist your listings doesn't mean they won't be removed again. Yes correct this OP situation is different and has a very serious issue on his hands as you read some replies.

[1786davycrockett]

@kensgiftshop 

"I can't believe they would pull down your listings for those fake cards."

Why is it hard to believe?  The OP was openly violating the trademark rights of the Los Angeles Dodgers.

The Los Angeles Dodgers trademark logos are NOT public domain items, and can only be replicated with the contracted permission of the Los Angeles Dodgers.

Apparently the image of Godzilla is also a trademarked image -- so that is another trademark violation.

In addition, the "South Park" image which the OP is using is yet another trademark violation.

The OP needs to study American trademark and copyright laws, which are strictly enforced and protected.

[theteamsetguy]

@lakefor94 ,

Especially when it comes to turning on the Ebay sales spigot.

[eoma689485]

Logos (MLB & Dodgers): These are trademarked symbols, not just copyrighted works. Trademark law is stricter because it protects against consumer confusion and dilution. Slapping them on a card could imply endorsement or official licensing, which is not fair use.

Godzilla: That’s a heavily protected character owned by Toho. Using it commercially without a license is infringement, unless it’s parody or commentary.

Commercial intent: Selling on eBay makes it commercial, which weighs against fair use.

Transformative claim: A mashup baseball card isn’t really commentary or parody—it’s more like novelty merch. Courts tend to reject “fair use” in those cases.

[krazzykats]

I think the OP gets it, folks!  He’s done the right thing and taken enough criticism, so let’s just let him be now....

I do like this copyright discussion though...so very interesting.

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