False Counterfeit Claims by Red Point

[thedesignerrack]

ALERT TO ALL SELLERS!!!

Red Point is a hired company that searches the internet for counterfeit items. We have had three FALSE counterfeit claims made by this unscrupulous company on behalf of the companies that hired them. According to the Red Points User Guide their software will report an item as being counterfeit for just selling the item below a set price (Meaning: It does not matter if the item is authentic or not, if it is being sold for less than what Red Points client wants it sold for Red Point will send a DCMA notice to Ebay that your item is counterfeit).

** Fair warning was not provided in this case because the reason it was reported is due to concerns about the item its self and no modifications can be made to bring the listing into compliance.**Due to previous violations, your account is up for a 7 day selling restriction which will be placed after the 48 hour fair warning period. Please take this time to review your other listings for similar issues as this will lead to an even longer restriction in the future if we continue to receive these reports. While you are restricted, you will not be able to revise your active listings, list new items, and your items will not be searchable through the search bar.

So here is the impact of these false reports... Ebay immediately removes your listing.

1st offense is a warning

2nd counterfeit notice is a 3-day account suspension

3rd counterfeit report is a 7-day suspension

4th counterfeit report is a 10-day suspension. 

5th ????

If you are having this problem with this company please write a response. We have filed a DMCA Counter-Notice and are collecting as much information on their fraudulent business practice in order to build a better case against them for damages.

Ebay... BLOCK THIS COMPANY FROM BEING ALLOWED TO SEND FALSE COUNTERFEIT NOTICES!!!

[katzrul15]

What were the items?  If you cannot revise your active listings, how on earth do you address any potential other problems?

Wow.  This would be awfully stressful............How do you know it is Red Point?

[caldreamer]

That is so scary that Red Points bots get to decide what is "counterfeit" and tank your business.  

[Anonymous]

Everyone who is a victim of this should join together and file a class action lawsuit against Red point for malicious DMCA complaints, slander, and defamation of character.  It's very easy in this case to prove damages as your listings get removed and you get suspended.  

[bbravo65]

...did you formally inform eBay about your legal action against this Red Point company...???

...also, you can report this business to Better Business Bureau, Federal Trade Commission, the websites USA.gov to report scams & frauds...

...how come no one goes after those China selling fake goods...???...afraid of, or have been paid-off by that "big brother"...???...

[gjs_16]

It is unfortunately very easy to abuse the DMCA program.

One only has to claim infringement and provide a link to the offending content.

One does not have to prove anything else, not even ownership, they ask for it but simply claiming infringement will get the content removed because the act itself will give the host of the content (in this case, eaby) "Safe Harbor."

[gjs_16]

Also it's Red Points, not Red Point.

I will say this, assuming it's not too terrible expensive I may just use them...
I've had a fair number of my MQ items stolen and now everyone and their brother is in on it and all across several other platforms too, and I've contacted a fair number of them but I always get the great wall of canned answers and red tape in my face and nothing ever happens.

So if this Red Points is as good as you say, maybe it's time for a few shots across the bow.

[frugality_inc]

DMCA has nothing to do with counterfeiting for trademarks and patents. Based on the context of your message, it sounds like they reported you for either trademark infringement or patent infringement through counterfeiting. eBay is required to remove the listing per the Notice of Claimed Infringement form received

eBay will not accept your DMCA counter notice as it is not a valid tool to challenge a NOCI for counterfeiting.

As a VeRO member myself, rights owners should perform due diligence prior to having a item removed through:

- Internal reports to determine source of the item to validate authenticity

- Evidence presented on listing

- The most important and accurate one ... a test purchase

Relisting the item is a big mistake. Even if you're in the right, you risk having your selling privileges revoked. 

I agree that Red Points hired by brands are overreaching and often times have false claims as they get paid for their removal services. The only way you can fight this is having valid receipts / invoices from a reputable vendor to prove a valid supply chain. You will ultimately have to get a retraction from the brand owner.

Another way items are removed is for warranties, but that removal reason is not for counterfeiting.

eBay VeRO does not act on reports for MAP violations.

I agree that this situation is frustrating if you truly know the item is authentic and you listed it correctly, but keep a calm composure. Being able to continue to sell while resolving the matter is important.

[dnasilver]

If what you state is true, contact an attorney. Hope you can win and take along any other company that is providing these folks a platform to operate on. All businesses need to be held accountable.

[i.selltrends]

I am not an eBay Seller but my business page which took me almost 3 years to build up to 30,000 followers was taken down by Instagram because of this company. I came across this post because I saw their bot in my Google insights as prowling my WEBSITE. I was using the Fleshlight hashtag so they consistently reported my posts and filed Copyright Infringement claims under posts that were not even remotely related to the Fleshlight brand. ie I had a predefined list of tags I constantly reused and so would apply them to any and all posts. After removing the tag I never got a strike again. These people are ridiculous and unscrupulous and IG did nothing to protect me from their automated system. They are ridiculous and if there is any way I can join this suite I am willing. I am however located in Jamaica. Let me know as I saved every single screenshot of me trying to follow the channels to have the strikes removed. They NEVER even replied to me asking for an explanation, I had to speak with other people they’ve harmed to find out who they even were. 

[lacemaker3]

---

@i.selltrends wrote:

... I was using the Fleshlight hashtag so they consistently reported my posts and filed Copyright Infringement claims under posts that were not even remotely related to the Fleshlight brand. ie I had a predefined list of tags I constantly reused and so would apply them to any and all posts. After removing the tag I never got a strike again. ...

---

@i.selltrends,

So, you have publicly admitted that you were misusing a trademarked brand name, and you think they were at fault?

That is completely illogical. If you were misusing a trademarked brand name, then you should have been taken down. 

That's good evidence that this company is good at their job, and finds unscrupulous scammers who use false advertising, actually.

[i.selltrends]

I was doing NOTHING OF THE SORT! 
I own and operate a registered business and purchase my inventory from AUTHORIZED vendors and use hashtags relating to the products I sell. Clearly the Fleshlight tag was added to a Fleshlight Post at some point.

I post multiple products and do not edit my hashtags every single time. NO ONE OWNS HASHTAGS.  Should people also then be taken down for using the hashtag ebay when talking about their family photo in which they are wearing pajamas they bought on ebay??

[lacemaker3]

I'm sorry, but you don't understand trademark law. That is exactly what you were doing.

You don't get a free pass for using a trademark in a hashtag.  That would be ludicrous.

But there's no point in arguing the point, if you're not open to seeing any view point but your own. Just because you didn't know it was wrong, that doesn't make it right.

[i.selltrends]

No there is no point in debating because you do not have a valid position. the term Fleshlight does not have a hashtag trademark, in fact I challenge you to show me where at the time of my strikes they owned such a trademark. 

The reason my page was removed is because this unscrupulous company did a bot search based on a Trademark NAME that they own and then without verifying whether or not I was authorized to resell filed multiple copyright strikes. 

Does Google block Ad Managers from using brand name hashtags in their ads? No, the terms are broad and cannot be trademarked. By your logic you should change your name as you did not invent the broad term Lace.

As another person stated the reason we get these strikes are so as to prevent the platforms themselves from being labeled as safe havens. 

[lacemaker3]

OK, here's a clarification.

A trademark on a brand name covers the use of the brand name in a hash tag, so using a trademarked brand name in a hashtag attached to something that is not made or licensed by the brand name owner is a trademark violation. It doesn't matter if you're an authorized reseller of their brand, if you use a trademarked brand name on a product that was not made or licensed by that brand, that's a trademark violation.

Intellectual property owners can also trademark hash tags that are common phrases related to or including their trademarked brand names. This is often done as an extension of the brand name trademark.

This is an explanation, not a debate.