How does EBAY determine what is counterfeit?

[usedcarking20174]

My wife just retired after 27 years working as a rep for perfume companies.  I finally get to clean out our storage room.  I listed a bunch of her old samples here.  Four of them EBAY said were counterfeit.  **bleep**.  My wife had these shipped to her by the mfg.  When I contacted EBAY no one could explain who is in charge of this process all they did is gave me canned speech.  I don't care that much about selling these items I do care if someone calls me a counterfeiter.  I work as an expert witness in court cases.  That is a serious charge to throw out with no proof.  Comments please.

[bonjourami]

You really have no choice in this matter, provide a return label if you want the samples back, and refund after return. When Ebay rules in the buyers favor and closes the case, you can appeal, for whatever that is worth.Were the samples real old?

[wastingtime101]

If a VeRO claim was filed by the rights owner, then eBay is required by law to remove the listings. There's info in the e-mail about how to contact the rights owner and potentially appeal to eBay depending on the results.

But if your wife was a rep for the company she probably had a contract with restrictions about reselling the product or samples online.

Was this a regular listing removal by eBay or was it a Verified Rights Owner takedown?

[toysaver]

Counterfeit detection is rarely done by eBay.  It's the original manufacturer who owns the product trademark.  Most new items deemed counterfeit are determined by subtle differences in packaging fonts, colors, spellings and other physical features.  Major retailers are not immune from selling counterfeit product as a genuine product is bought and counterfeit is returned.  I assume it could happen in the wholesale process as well.   

They can make mistakes and likely err on the side of caution.   Do not attempt to relist or you can be banned from selling forever.  

[inhawaii]

Sometimes ebay is right.

Sometimes ebay is wrong.

Right or wrong this is their site and what they say goes. Sorry.

Advice: Don't re-list any items taken down by ebay. It could jeopardize your account.

[m60driver]

Perfume companies and other beauty related companies, led by Chanel, lead the way in false counterfeit claims.  Chanel has argued in court, and prevailed, that only Chanel can create the "brand" experience that comes with their products and all other sales are counterfeit.  The reason is simple.  The profits on perfumes and other beauty products are astronomical and these companies want to protect their profits and are willing to go to court to advance their arguments.  Ebay does not wish to have court entanglements and so just goes along and you and all the other sellers are prohibited from selling these products.  Try selling the products on other platforms but do not be surprised if you get letters from the hired attorneys.  Resistance is futile.  

[usedcarking20174]

The samples were never sold.  EBAY took down the listing the day I put it up and sent me a message it was counterfeit.  Furthermore since then I see other sellers have the same item posted LOL.  I feel like I dealing with Laural & Hardey.  Who's on first?

[nkpina2014]

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@usedcarking20174 wrote:

The samples were never sold.  EBAY took down the listing the day I put it up and sent me a message it was counterfeit.  Furthermore since then I see other sellers have the same item posted LOL.  I feel like I dealing with Laural & Hardey.  Who's on first?

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Ebay is not really proactive, they are reactive. They'll remove listings when others report your listings. Sometimes (most times) this is done by other people on Ebay (ie, your direct competition) that simply wish to remove your listing. It's a pretty automated process. Other times, it's the manufacturer that will remove your listing via a VERO request; you were selling something that shouldn't be sold according to the rights holder. 

[luxgoods]

Fantastic insights!

[kpd320]

We just had this happen. I feel it was done by another seller as it retails for over $100 and wife listed it at $15 each as we received several hundred new unopened boxes of some facial skin care cream. 

[gottahavemoney]

What happens if you unknowingly sold an item that was not authentic 

[shaddmin]

It's a mystery! Some complain legit items are removed as counterfeit and others that obviously cointerfeit items and sellers are not being removed? I reported several obvious counterfeit knives and the 'reviewer' let them go which tells me they don't know what they are looking at or don't care and are encouraging more counterfeit items to be sold on Ebay. Who these mysterious customer service people are or how they determine whether an item is counterfeit has never been made clear to me.

[jerseyboymusic]

I know this is a thread from 2022, "Who's On First" was Abbott and Costello... NOT "Laural & Hardey" (Laurel & Hardy)

"expert witness in court cases"

[jewelbiz]

I’m a nyc jewelry dealer and many years ago I noticed I had many different Chanel empty boxes in a drawer of all different sizes and shapes.

 I sold the Chanel jewelry but kept the boxes for whatever reason.

Boy! Within minutes of listing them, my Chanel empty boxes were removed from eBay.

 I innocently thought some woman would like to have boxes for their Chanel collection but found out that selling empty Chanel boxes is not allowed 🚫 on eBay.

Who knew?  I certainly didn’t!

[kh-laura]

Hi everyone,

Due to the age of this thread, it has been closed to further replies. Please feel free to start a new thread if you wish to continue to discuss this topic.

Thank you for understanding.