05-05-2017 01:56 PM - last edited on 05-05-2017 04:11 PM by li.varia
I have a member who sent me a private message about an item I had for sale. That item has since sold, so I'm not concerned with that. But, she says she owns the company who made the product and that she was going to sue me for selling "her" product. She used broken English and I had to read it several times to finally understand what she was trying to say. She is a new member with zero sold or purchased items. How can we report these people who obviously have no business being on eBay for the sole purpose of harassing and threatening real members? This is not OK. Pretty sure we can use brand names if that is what we are selling. Ridiculous.
05-05-2017 02:01 PM - last edited on 05-05-2017 04:12 PM by li.varia
Is she a vero member? They can get items removed.
Since this is after the fact, just do not respond and block her.
Ebay will give you the same advice.
05-05-2017 02:03 PM - edited 05-05-2017 02:05 PM
Try listing a certain brand of exercise tape, or using the word velcro to describe something. Most companies don't care about resale of their merchandise, but some are very territorial and feel that only authorized resellers are allowed to sell their merchandise. And they will protect their brand.
So you might want to check into the brand of the item sold and see if the company is one of 'them' before you start reporting. I have had a couple of people, lawyers actually, contact me about some items i have listed. I just take the item down, say I am sorry and don't list it again.
05-05-2017 02:07 PM
She is registered in China, that explains the broken English. I don't think it is even possible for her to sue anyone in th US; even if she has US representation she cannot stop an individual selling an item on the secondary market even if her company created/sold it originally.
05-05-2017 02:09 PM
I'm going out on a limb and assuming her real name is not Vera Bradley...
05-05-2017 02:17 PM
@sarahscloset615 wrote:I'm going out on a limb and assuming her real name is not Vera Bradley...
No - Vero Bradley ...
05-05-2017 02:30 PM
I'd call her a "new-ish" member as the account has been in existence since January, and had one ID change as well, but doesn't seem to have done much of anything, feedback-wise. It might be a throwaway account set up by the company (whoever they are) to try to keep competitive selling of their products under control by issuing vacuous legal threats, but they don't have a leg to stand on, and you should simply ignore those messages. If they had a VeRO account then they would be talking to eBay and removing listings that way, but they apparently do not.
You have no obligation to respond to any unsolicited emails or messages, and that goes double for messages containing threats. Do not respond to them.
05-05-2017 02:40 PM
She might just be using that account as a posting ID, that would explain 0 FB.
Not knowing what the item is , or the wording hard to give advice.
Is she claiming it's a knock off? If you came about the item legally, and it's not a knock off there should not be a problem. However, there are some word and phrases that are patented. Could that be it?
I had listed a graphic T-shirt once that had a very common phrase on it, and it just so happened that part of that phrase was a company name. I got a similar email (no threats of suing), telling me he owned the rights to that name and was his clothing line. Asked me to remove the listing. It was an account with 0 listings and 0 FB. I called ebay, they advised me to take those 2 words out of the title. They said I could put them in the item description, but not the title.
05-05-2017 03:48 PM
There is really nothing to report. If she feels that she has a case against you, she can sue if she wants to. However, there are quite a few people that try to use the threat of litigation in an attempt to bully people. Unless you receive notification from the courts that suit has been filed against you, I wouldn't be concerned.
If she were a VERO member, she would probably have filed a VERO take down already.
05-05-2017 05:14 PM
The Vera Bradley corporate offices are about 8 miles from where I am sitting right now. And it ain't China - although everything they are selling is imported from China now.
You can tell the person to pound sand.
05-05-2017 06:19 PM
Oh, puleeze. Just block and ignore. She's not going to sue you. She's a bully. And can't even speak English. Why are you taking her threat seriously? Cut her now.
05-06-2017 11:57 AM
tell her to take a long walk off a short pier. first sale doctrine is a wall between you two.