Heads up for Handmade Barbie Jewelry - Mattel VeRO

[ci1000]

I just wanted to post a heads up for people selling handcrafted Barbie Jewelry.... I received a VeRO notification this morning....

"Brand names cannot be used in listings if the product isn’t manufactured by, or compatible with, that brand. You may use "compatible with", "fits", or "for" before a brand name, if the item described is specifically designed to be compatible with the products of that brand."

The good news is that I revised all of my Barbie Jewelry listings adjusting the wording to "for Barbie Doll".... I have since received notification from eBay that the changes I made were approved and the violations have been removed

Hopefully everything remains in good standing

[tobaccocardyahoo]

One should not need a heads up. Use of a trademark to sell items which are not made by the trademark holder or its licensee must be qualified as in the message you received.

This could still result in civil legal liability for you and other violators, but rightsholders who use the VeRo program are usually satisfied by the corrected listing.

Crafts people often run afoul of protections for intellectual property rights. Sometimes it can be very expensive.

Lets hope you dodged the bullet.

[ci1000]

Its better to give people a heads up rather than assuming everyone may run into a problem in the future.  Mattel was never mentioned in any of my listings.  I have been making Barbie jewelry since 2020 and was personally not aware that a simple change in wording from "Barbie Doll Jewelry" to "for Barbie Doll" would make a difference.  Barbie in and of itself is NOT prohibited.  How are people supposed to "know or be aware" of something that has restrictions but is not prohibited unless someone gives them a heads up?

That is why I posted this.... people need to know the rules in order to make appropriate decisions and changes to their listings. 

[albertabrightalberta]

---

@ci1000 wrote:

Its better to give people a heads up rather than assuming everyone may run into a problem in the future.  Mattel was never mentioned in any of my listings.  I have been making Barbie jewelry since 2020 and was personally not aware that a simple change in wording from "Barbie Doll Jewelry" to "for Barbie Doll" would make a difference.  Barbie in and of itself is NOT prohibited.  How are people supposed to "know or be aware" of something that has restrictions but is not prohibited unless someone gives them a heads up?

That is why I posted this.... people need to know the rules in order to make appropriate decisions and changes to their listings. 

---

The "heads up" you're looking for IS in the keyword spamming policy as well as in the counterfeit policy. 

Also, just because you didn't use "Mattel" in the listing, using "Barbie" was a violation since ONLY Mattel makes Barbie dolls and your item wasn't made by Mattel therefore wasn't "Barbie." 

[bonjourami]

Surprising that they let you keyword spam with 'Barbie', rather than just saying 'an 11" doll".

[albertabrightalberta]

FYI: 

Search manipulation aka keyword spamming: 

https://www.ebay.com/help/policies/listing-policies/search-manipulation-policy?id=4243&st=3&pos=1&qu...

I thought that in the past, you weren't allowed to use the trademarked name (i.e. Barbie) in the title but the description could have the compatibility info. It looks like that may have changed because I can't find anything restricting the title. 

• If the item is an accessory for or compatible with another item, "fits", "for" or "compatible with" should be stated before the name of the compatible item. However, "fits", "for" or "compatible with" is not allowed before the brand names of jewelry, clothing and accessories, or universally compatible items

[ci1000]

If you read the policy.... it clearly states that "Brand names cannot be used in listings if the product isn’t manufactured by, or compatible with, that brand. You may use "compatible with", "fits", or "for" before a brand name, if the item described is specifically designed to be compatible with the products of that brand."

I design and make jewelry FOR BARBIE.... I do not  and never have represented the product as being manufactured by Mattel which is why I mentioned Mattel at all.

The "heads up" is for people who hand make BARBIE JEWELRY..... All I'm trying to say is that it is NOT a violation to use the word BARBIE..... again, the policy clearly states what is ACCEPTABLE and what is not when selling an item that is specifically designed to be compatible with the products of that brand.

[inhawaii]

"Doll Jewelry" = No violation

"Barbie Jewelry" = Possible vero violation

[soh.maryl]

But doesn't it seem just a little bit strange that "Barbie jewelry" would violate VERO protection, but that "for Barbie doll" is acceptable? 

[ci1000]

Barbie Jewelry = Vero Violation

Jewelry for Barbie Doll = No violation

Fits Barbie Doll = No Violation

Please read the policy....

[nobody*s_perfect]

---

@inhawaii wrote:

"Doll Jewelry" = No violation

"Barbie Jewelry" = Possible vero violation

---

"Barbie jewelry" = definitely a VeRO violation, as demonstrated in the OP

"Jewelry for Barbie" = not a violation; complies with eBay's recommendation.  IIRC, the policy page used to include a reference to "fits Barbie" as an example.

[tobaccocardyahoo]

---

@soh.maryl wrote:

But doesn't it seem just a little bit strange that "Barbie jewelry" would violate VERO protection, but that "for Barbie doll" is acceptable? 

---

It doesn't because this is a well documented practice that most business people are familiar with. The two phrases are literally very different. The Term Barbie Jewelry, implies the jewelry is made by the holder of the Barbie trademark, Mattel. Jewelry for Barbie Doll does not claim does not infringe the Barbie trademark. Jewelry compatible with Barbie is probably slightly better and safer.

People who sell their own crafts, Fanart, and a variety of other types of product, who are not really business people, are not familiar with the appropriate laws and procedures. Hence why Ebay provides its own guidance which is stated in several posts.

It is a practice which is vital to survival in such diverse areas of business like auto parts to toys to cleaning supplies and many more.

[inhawaii]

---

@ci1000 wrote:

Barbie Jewelry = Vero Violation

Jewelry for Barbie Doll = No violation

Fits Barbie Doll = No Violation

Please read the policy....

---

I'm glad you got it worked out.

It looks like you no longer have to worry about another vero takedown.

[ci1000]

Actually @tobaccocardyahoo and @albertabrightalberta did the best jobs of working it out.... 

I have a tendency to try and follow the rules as they have been put forth by eBay in their policies..... Both of the people mentioned above have made it easier to understand the intent and reasons for the policies.... Thank you for that.

I simply implemented what I was told by eBay and revised my listings to the best of my understanding and it has all worked out..... eBay is not always as clear as we hope which can sometimes complicate and confuse things.... This time it was pretty concise....

I hope this post helps out some other handcrafted Barbie Jewelry sellers.

[soh.maryl]

Thank you for the explanation; however, I thought the issue would have been so-called "keyword spamming", meaning the listing mentioned Barbie when the item was not made by the Barbie manufacturer, Mattel.