Dear Moderator: Is My Pillow on the vero list?

[liawrig.nq8rdwqa3]

I can't find the Vero list.  But everytime I list MY Pillow Dog bed, it's removed for Vero violation.  I am using my pictures of the product, not a stock picture.  I am using  my words (dimensions) not the manufacturer's words.  So I don't know if the product is a VERO product or not.  But Ebay keeps taking it down.

[1786davycrockett]

The owner and manufacturer of the My Pillow products is a VERY notorious protector of his trademark and copyright, and ONLY allows sales of his products through his OWN privately licensed venues.  Plus he has VERY deep legal pockets, so I wouldn't even bother trying to put his items on eBay.  

[japan-treazures]

@liawrig.nq8rdwqa3 

I have attched the VEO list for you.

Here is eBay's link to their VERO policy:

https://www.ebay.com/help/policies/listing-policies/selling-policies/vero-policy?id=4349&st=12&pos=1...

Within the policy there is a blue highlighted VERO participants, click on that for a listing of all companies enrolled. I have added the link to the participants. 

Here is the link to the VERO participants:

https://pages.ebay.com/seller-center/listing-and-marketing/verified-rights-owner-program.html#m17-1-...

Hope this helps! 

[readabouthorses]

Just remember, that list is not complete. Some companies chose not to be included.

[japan-treazures · Accepted solution]

@readabouthorses 

You are absolutely correct.  I was providing the OP with teh list as they couldn't find it and forgot to mention the list os not complete. Thanks for that info!

[luckythewinner]

I can't find the Vero list. 

There is no "VERO List" in the sense that you are asking. There is a list of VERO members, but each VERO member has the option of appearing in the list or not. (I am a VERO member and the music artists I represent do not appear in the list.)

Plus, intellectual property owner are not required to registered with VERO in order to submit a Notice of Claimed Infringement. 

VERO is not a list of products that you cannot sell, it is a system that facilitates the reporting of claimed intellectual property violations.

A VERO notice can be filed for any product, because it is the alleged violation that is being reported, not the product. A seller can theoretically misappropriate almost any intellectual property. 

All that being said, there are some VERO members who use the system inappropriately to try to protect their brand. 

[liawrig.nq8rdwqa3]

I don't see My Pillow.  I will write Ebay to see if they are VERO.  I took the photos, I wrote the words.  I don't understand why it's a violation if My Pillow isn't on the list.  Will write Ebay.

[pjcdn2005]

When they take it down they must send you a message explaining why. What does the message say?

[wastingtime101]

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@liawrig.nq8rdwqa3 wrote:

But everytime I list MY Pillow Dog bed, it's removed for Vero violation.

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Don't relist things that were taken down. Multiple violations will get you suspended.

[1786davycrockett]

As I stated previously, the owner of My Pillow is BEYOND protective of his personal trademark, and absolutely REFUSES the sale of his products by unlicensed sellers.  He is EXTREMELY conservative politically, and will not hesitate to litigate against those who cross him.  If you have not personally been given permission by My Pillow to sell their products, DON'T TRY -- it's not worth all the trouble that you'll be risking.  

[aldente28]

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@liawrig.nq8rdwqa3 wrote:

...everytime I list MY Pillow Dog bed, it's removed for Vero violation....

...I don't know if the product is a VERO product or not.  But Ebay keeps taking it down.

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You've answered your own question rather definitively.

Don't continue listing this item, whether or not you can find it on any VERO list. That is my advice.

[debbe4ever]

And so what happened to First Sale Doctrine?

If the OP bought it it's his to resell if he wishes.

[carolynnq]

Often the issue is new vs used. Selling it as new implies to the buyer that any manufacturer's warranty is in effect, when it's not.  It may be new, but it could have picked up odors from the seller's home or have other issues. Manufacturers want to control the quality of their merchandise. 

This is how it works on Amazon, anyway. You can't sell most non-media items as "new" unless your the manufacturer or are licensed to sell by the manufacturer.. You have to sell them as "like new." You can say things like "never used" or "unopened in manufacturer's packaging" to let buyers know that it's essentially new.

[1786davycrockett]

"And so what happened to First Sale Doctrine?

If the OP bought it it's his to resell if he wishes."

Speaking as one who has run afoul of the VERO process, I suppose it all depends upon how much money the OP would like to spend on legal bills.  A few years ago, I had listed a very rare, unauthorized copy of short stories by a famous American author.  His estate pulled a VERO on me, and my listing was removed, with a warning from eBay not to attempt to try to list it again.  Knowing the extent to which the lawyers connected to the estate would pursue the case, I agreed, since claiming "First Sale Doctrine" would have resulted in a long, never-ending series of court trials, which would easily have bankrupted me.  Not worth it, for a $250.00 book.

Same thing with My Pillow and Mike Lindell.  He is RABID about his trademark and property rights (he is considering running for Governor in Minnesota on a VERY conservative political platform), and will not hesitate to personally sue ANYONE who attempts to sell his products (new or used) without his personal permission.  

So I suppose it all boils down to the "Dirty Harry" question:

"Do you feel lucky?  Well, do you, punk?"

Not worth it, for a My Pillow item worth so little -- Mike Lindell's legal team will boil the OP alive!

Same thing with

[liawrig.nq8rdwqa3]

The Mypillow was NEW.  Also, I sold 2 before and have just the one left to sell.  VERO replied and said it was a mistake - whatever that means.  The Dog bed is listed and I didn't list it as "Mypillow" but as "dog bed" and under Brand, I typed Mypillow.

They just recently vero'd me again for Chico's pants.  Now Chico's isn't on the list and I've sold Chico's many many times.  I had to raise HE** with Ebay again and ask for SPECIFICS why it was vero'd.  If they would only state in their message that the brand is on the list. Period.  But these brands are not on the list.