False counterfeit claim from company. Claimant not responding to my emails.

[deleada]

I received a false counterfeit claim on one of my items from the company that produces the item. Despite the fact that I have the original order number, and packing slips they have failed to respond to my emails at the contact email eBay provided. 

I have submitted a request to eBay support to have the claim removed and to investigate this companies ability to make these claims as they clearly are not taking them seriously. 

Is there anything else I should do? Is there anyway I can get in better contact with someone from eBay, as their live support chat is down atm. 

Thanks!

[luckythewinner · Accepted solution]

If this is a VERO claim, eBay will probably not do anything.

eBay is not an expert in intellectual property status of every one of the 1.3 billion items on their site, and the Digital Millennium Copyright Act (and the VERO system eBay created to comply with it) were specifically designed to take away the need for the website to assess the validity of a claim.

If you feel a VERO notice was filed in error, you can file a counter-notice to the vendor's VERO complaint, and if the vendor does not respond to the counter-notice that will permit eBay to restore the content to the site ... but it does not require them to.

Be aware that a counter-notice is essentially a challenge to the vendor to sue you, so if you choose that route I suspect you will want to get some legal advice first.

Again - all of the above is based on the assumption that this was a VERO complaint.

[deleada]

Yes it was a VERO notice. In the email from eBay there doesn't appear to be a way to file a counter-notice. Is this an action that has to be taken outside of eBay or is the functionality somewhere on the site? (Similar to YouTube DMCA's)

[slippinjimmy]

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@deleada wrote:

Yes it was a VERO notice. In the email from eBay there doesn't appear to be a way to file a counter-notice. Is this an action that has to be taken outside of eBay or is the functionality somewhere on the site? (Similar to YouTube DMCA's)

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Go to this page, read all the info and check the FAQ for things specific to your situation

https://pages.ebay.com/seller-center/listing-and-marketing/verified-rights-owner-program.html#m22_tb...