Hit by another **impossible to see** VeRO. How am I supposed to predict what items will stay safe?

[emailfromsanta_dot_com]

Hit by another **impossible to see** VeRO (a small time, unpopular $10 board game that hasn’t sold in my store for half a year) and account restricted for 7 DAYS. How am I supposed to predict the next company that will hire a lawyer to initiate lies about counterfeit goods? It feels like anything I list is a potential VeRO the minute a lawyer is hired. All items feel risky.

What is the solution? I am selling real, found items. Not Louis Vuitton.

How does eBay expect me to predict the future? It’s not like I get a warning for an item and then only get penalized after. I am simply getting penalized for “not following the policy” even though the policy requires me to predict the future.

It’s not like the items follow a pattern. They are all different and wide-ranging and none of them have been truly counterfeit. They are basic, cheap items.

Can I fight this with support? I don’t know what to do as it seems like anything I list is a potential VeRO violation. I contacted support and the rep seemed nice but I feel he may have just been trying to appease me. He claimed that I should at least be getting notified for newly VeROed items before the suspension. Is that correct? He also said he can't do anything to change the seven-day restriction but would "escalate it" to some back office who will contact me within 24-48 hours. 

I _want_ to be in compliance. I _cannot_ predict the future.

[slippinjimmy]

Instead of this "a small time, unpopular $10 board game"

How about the actual name of the product and the company who made the claim?

If you want to fight the claim understand that your fight is NOT with eBay, You need to follow the procedures by filing a counter-notice against the complainant. If they don't respond you can then appeal to eBay for reinstatement. Unfortunately that will take more time than your 7 day restriction but at least your violation would be expunged.

[rfmtm]

Afraid it is up to the seller to make absolutely sure his item is authentic, which can be hard to tell sometimes.  Regardless, it can be VeRO'd correctly, by mistake, or maliciously.

Do not relist until the matter is resolved.  The first thing to do is contact the VeRO member for specific details of why your item was taken down.  If no reasonable response contact ebay, to at least remove the strike on your account, even though I probably would not risk relisting it anyway.

If VeRO member replies with a obvious or verifiable lie you then have to decide whether to pursue the matter further.  Usually for one item, it isn't worth it, and the abuser counts on this.  But if your ebay account is at risk, it may be worth a letter from your attorney with a copy to ebay's legal department.

[coolections]

We need to see the message and the name of the item. Many come here thinking it is one thing but it ends up being something else.

[emailfromsanta_dot_com]

> Afraid it is up to the seller to make absolutely sure his item is authentic, which can be hard to tell sometimes.  Regardless, it can be VeRO'd correctly, by mistake, or maliciously.

Fakes literally do not exist for the latest small-time board game I just received the VeRO for. The game is cheap at retail. That's not what this post is about. The point is I don't know what brand in the future will get a wild hair up it's you know what and decide it doesn't like resellers selling their brand so cheap.

Obviously it's the seller's responsibility to sell legit items. The point is lawyers are saying items where counterfeits literally do not exist are crying "counterfeit" knowing small businesses don't have the time to challenge every claim. 

[slippinjimmy]

Still not giving up the details so pointless discussion..........

[emailfromsanta_dot_com]

This is the game 

Listings not following policy

265170623020 - That's What She Said - The Party Game of Twisted Innuendos Board Game - New

I was selling it sealed. It's cheap retail. Counterfeits don't exist. It was bought off an Amazon pallet. 

>You need to follow the procedures by filing a counter-notice against the complainant. If they don't respond you can then appeal to eBay for reinstatement. Unfortunately that will take more time than your 7 day restriction but at least your violation would be expunged.

How do I file a counter-notice? 

[emailfromsanta_dot_com]

These details? 

 Your listing was reported by That's What She Said Inc for offering a counterfeit item.  eBay’s Verified Rights Owner (VeRO) program offers intellectual property rights owner(s) a way to report listings that they believe infringe on their rights  
- Counterfeits are illegal, and not allowed on eBay 
- If you believe a mistake has been made, you will need to contact the rights owner directly. If the rights owner approves your appeal, please have them contact us directly to reinstate your listing(s)
You can send an email to:
twss@gmail.com

[tdumonde2014]

Did you use your own picture?

[popblox]

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@emailfromsanta_dot_com wrote:

> Afraid it is up to the seller to make absolutely sure his item is authentic, which can be hard to tell sometimes.  Regardless, it can be VeRO'd correctly, by mistake, or maliciously.

Fakes literally do not exist for the latest small-time board game I just received the VeRO for. The game is cheap at retail. That's not what this post is about. The point is I don't know what brand in the future will get a wild hair up it's you know what and decide it doesn't like resellers selling their brand so cheap.

Obviously it's the seller's responsibility to sell legit items. The point is lawyers are saying items where counterfeits literally do not exist are crying "counterfeit" knowing small businesses don't have the time to challenge every claim. 

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Companies do this intentionally, they want people purchasing their product from them at full price. A disproportionate amount of VeRO claims are bogus, but the answer is you have to fight it. As long as you're using your own photos and the item isn't counterfeit, you have every right to resell the item under the First Sale Doctrine.

It doesn't take very long once you get the hang of it, you just have to remember to follow-up. I've been VeRO'd at least 5 times - I've challenged every claim and won because the company didn't respond. 

[emailfromsanta_dot_com]

Yes. 

[emailfromsanta_dot_com]

Nice. How did you go about challenging previous claims? Is there a specific process you followed or paperwork you needed to file or people to contact?

[slippinjimmy]

It's a process you'll have to figure out yourself but you can start here:

https://copyrightalliance.org/education/copyright-law-explained/the-digital-millennium-copyright-act...

[popblox]

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@emailfromsanta_dot_com wrote:

Nice. How did you go about challenging previous claims? Is there a specific process you followed or paperwork you needed to file or people to contact?

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There should be instructions in the notice eBay sent you, along with an email address to the company. There's a few ways to go about it, but you can just do a google search for "fight eBay VERO claim" (that's how I found out) and you should find a ton of info on how to fight it.

[rfmtm]

Your first move is to email the VeRO member.  Then come back with the response.

In the mean time, try to see if you can ascertain that your item is authentic.  Do some Google searches for the item and see what you can find out.