Copyrights

[hunt-arno]

I am an intermediate seller with over 400 sales or something, and I was looking to sell a big ticket item for 1,750. It got a bid, then a day later was taken down and my account suspended. It was a makeup product and I didn't include any company names in the title, description, or tags. Could it have been because I included the company name in a picture of the listing? Thanks.

[slippinjimmy]

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@albertabrightalberta wrote:

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Although there are lots of posters who post otherwise, VeRO CANNOT arbitrarily remove listings just because they don't want their items resold on ebay. And if they do so, they risk class action lawsuits for violating First Sale Doctrine as well as loss of VeRO status. 

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Well that's the issue, they most certainly CAN. It's not legal of course but that doesn't stop copyright trolls who issue thousands (actually hundreds of thousands every day) of DMCA takedown requests which are completely invalid.

Under the DMCA Safe Harbour provisions eBay are basically forced to comply with the order with the onus on the Vero'd eBay seller to avail themselves of the counter-notice provisions of the DMCA.

[hunt-arno]

Good idea. Well, I have another. I spent a good amount of time talking to customer service and if I shoot Zero Gravity and email they could 'allow' me to sell it. I can 100% assure it isn't counterfeit. (I got it from a store in Sadona, Nevada is it?

[hunt-arno]

Finally, someone answering my question. Yes, I agree. I need to contact them to see if I can gain permission to list their item.

[daksgirl4]

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@hunt-arno wrote:

Good idea. Well, I have another. I spent a good amount of time talking to customer service and if I shoot Zero Gravity and email they could 'allow' me to sell it. I can 100% assure it isn't counterfeit. (I got it from a store in Sadona, Nevada is it?

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Sedona is NOT in Nevada. That alone makes your listing questionable

[couldabeenworse]

if I shoot Zero Gravity and email they could 'allow' me to sell it.

Yes, they can, but complaints regarding that manufacturer make me suspect they won't.  The other option (if you are indeed certain of the authenticity) is to file a VeRO Counternotice.  I think you can request the form by emailing vero@ebay.com from your eBay email address.

Good luck...

[tdumonde2014]

How does the "Digital Millennium Copyright Act " apply here, the OP was not selling anything covered by this?

 https://www.copyright.gov/reports/studies/dmca/dmca_executive.html

[mr_lincoln]

@hunt-arno  You violated Policy either VERO or Trademark and the high priced item listed in the Cosmetics category attracted the bots ... thus your item was taken down and account suspended.  Something on the listing or pictures supplied tipped them off.  How long is your suspension?  30 days?  Many here will recommend you never ever try to list that item again on any account you have now or create in the future.  It could lead to permanent suspension ... unless that is what they levied against you for this infraction.  Really sorry it happened ...

[slippinjimmy]

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@tdumonde2014 wrote:

How does the "Digital Millennium Copyright Act " apply here, the OP was not selling anything covered by this?

 https://www.copyright.gov/reports/studies/dmca/dmca_executive.html

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Of course the DMCA doesn't apply that's why the complaint is invalid and/or fraudulent. Once again the Safe Harbour provisions don't readily allow eBay to make a judgement on the takedown notice. The OP can file a counter notice, if enough people file and win under the counter notice provisions then and only then will eBay even think about questioning further DMCA notices from the source in question.