How do I appeal a GENUINE ITEM removed by Ebay as Counterfeit?

[artphotodude]

I recently listed "The Expanse" season 5 DVD for sale and it was removed by Ebay as counterfeit but it IS A GENUINE pressed (not burned) Set sold by Amazon with active UPC.  How does one go about appealing such an action?

[slippinjimmy]

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@artphotodude wrote:

I recently listed "The Expanse" season 5 DVD for sale and it was removed by Ebay as counterfeit but it IS A GENUINE pressed (not burned) Set sold by Amazon with active UPC.  How does one go about appealing such an action?

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Was it removed by eBay itself or was it a Vero takedown?

The fact you bought it on Amazon and it has a UPC means absolutely nothing, Amazon, just like eBay is filled with counterfeit goods. When items are counterfeited they usually copy the UPS code as well.

For clarity, post the actual notice you received from eBay.

[artphotodude]

Hello artphotodude,

We had to remove your listing because it didn’t follow our Counterfeit item policy. We don’t allow counterfeit items, replicas, or unauthorized copies.

What activity didn't follow the policy

More specific details are provided below.

What you need to do next

Items removed for this policy cannot be relisted. Please ensure that your future listings are for authentic items only. For these items, they should be described accurately and completely, so buyers know that it is an authentic item.

What is the policy

- Counterfeit products are illegal and not allowed on eBay. Examples include:
-- Fakes, copies or replicas of brand name items (for example, a shoe with the Nike name or logo that wasn’t made by Nike)
-- Electronics or accessories that use or bear the brand name, logo or trademark of a company that didn’t manufacture the item
-- Bootleg recordings from concerts or other live shows
-- Unauthorized or pirated copies of movies, videos or software
- Listings with photos that hide or blur trademarks are not allowed
- If you’re not certain that your item is authentic, or if an authenticator has been unable to confirm its authenticity, it may not be listed
- We may remove listings if we receive buyer complaints that the item is not authentic. These items may not be relisted

How this affects your account

Because you may not have been aware of this policy, we're sending this notice to educate you about it and ask that you follow this policy in the future.

- Listings that didn't follow this policy have been ended. 
- We have credited any associated fees except for any final value fee for your listing(s). 
 
Listings that don't follow this policy in the future will be ended.

Why we have this policy

This policy prevents the sale of counterfeit items, which are illegal, and could expose sellers to legal risk. Removing them protects sellers and their buyers from buyer protection claims and financial loss.

More information and help

Listings not following policy

295074848916 - The Expanse Season 5 (DVD, 2020) GENUINE AMAZON RELEASE!

We appreciate your understanding.

Thanks,
eBay

Please don't reply to this message. It was sent from an address that doesn't accept incoming email.

[artphotodude]

This is NOT a bootleg.  it is a production set.  Now if Ebay is not allowing resale of certain items as a favor to Amazon, they need to own it.  Microsoft did this for years by calling outdated OEM system discs counterfeit that were not.  This is the heart of the "Owner" vs "Renter" issue facing consumers today.

[mtgraves7984]

Curious... it may have been flagged elsewise, but why put "GENUINE AMAZON RELEASE" in the title?

[artphotodude]

I put that in because a lot of them ARE bootlegs (have been stung myself by that).  But to flag it for stating a fact is a bit weird.  Misrepresentation usually has a burden of proof required.

[slippinjimmy]

I can't even find a a Season 5 dvd set on Amazon,  season 1 - 4 yes, season 5 nope!

Maybe it's just Amazon's bad search or maybe it has not been released in that format and would explain why I can only find listings for it on dodgy websites.

[alcoforever]

The short answer to your question is that there is NO way to appeal the decision.

BTW, there is no practical way on earth that you can prove your copy is not a counterfeit.  The only sure way to prove not counterfeit is for you and the buyer to meet at ebay headquarters along with an expert of ebay's choosing that will inspect and certify your copy as genuine.  You and the buyer then swap money and the item.

[artphotodude]

WELL after doing some checking, it appears this IS a Fake!  The UPC is for the movie "The Death of Superman".  Considering it is an actual Pressed DVD (not burned), this has to be a Chinese product.  More than a little shocked.  I purchased it here on Ebay a few months ago, watched it and thought I'd flip it, but I probably should just hang onto it, as there's no telling if Amazon will ever officially sell it! 

[artphotodude]

P.S. As stated below, I bought it on Ebay, not Amazon, but it is labled as Amazon and is a silk-screened/pressed disk set (only checking the UPC revealed it was fake).

[mtgraves7984]

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@artphotodude wrote:

WELL after doing some checking, it appears this IS a Fake!  The UPC is for the movie "The Death of Superman".  Considering it is an actual Pressed DVD (not burned), this has to be a Chinese product.  More than a little shocked.  I purchased it here on Ebay a few months ago, watched it and thought I'd flip it, but I probably should just hang onto it, as there's no telling if Amazon will ever officially sell it! 

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@artphotodude 

A good fake, no doubt, as it had you fooled. Yep, better hang onto it... can't sell counterfeits. Upward and onward and all...

[artphotodude]

True.

The only thing I would say is there is likely a gradient as to how fake and unreleased product can ever be.  Sort of like how towns are starting to charge landlords a vacancy tax for failure to rent at prices people can afford.  Everything can't be left up to "Owners", or there will never be anything new possible/worthwhile - just look at the dumpster fire Star Trek has become.

[downunder-61]

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@artphotodude wrote:

WELL after doing some checking, it appears this IS a Fake!  The UPC is for the movie "The Death of Superman".  Considering it is an actual Pressed DVD (not burned), this has to be a Chinese product.  More than a little shocked.  I purchased it here on Ebay a few months ago, watched it and thought I'd flip it, but I probably should just hang onto it, as there's no telling if Amazon will ever officially sell it! 

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So eBay was correct to remove it, lucky for you as had you sold it you would have been the recipient of SNAD and that would hurt more than removal - nice to see a correct decision was made in this instance but a shame it wasn't picked up before you purchased it 😕

[annadryl]

Just two minutes ago I was in a thread about all the fake postage stamps out there now. So, wow you just REALLY got to have your eyes pealed. Half of the world is counterfeit! How bout those designer handbags, eh?

[gamersbaystore]

Actually, a bad UPC doesn't necessarily mean its a fake. Mistakes happen during manufacturing that can cause UPC mismatches, I have seen it before. Manufacturers have even encoded the wrong movies on discs before, causing retailers to have to pull a product over mismatches.

But if the UPC you entered doesnt match the product, that may be why ebay flagged it as counterfeit.

Likewise, different versions of the same film can have totally different UPC's.

I stopped using UPC's when making listings because ebay even gets them wrong at times. Years ago I had a movie listing removed because of the stock photo ebay provided, that was enough for me not to use them again. 

I also dont like stock images, and would rather show buyers what they're actually buying. The info ebay provides with UPC's also drowns out your listing descriptions, which isnt good either.

There are a lot of counterfeiters out there though. I sell movies, music CD's, video games, etc. I have had many people try to sell me bogus media in the past, some are more obvious than others.

ebay is getting pickier about people selling things like DVD's too because of all the counterfeiters. I was definitely vetted to sell such items here. I had to prove who and where I obtained my products from at one point.