@gracieallen01 wrote:
Because it would be double-dipping to get FVF's twice for the same thing?
I don't think this applied. Double dipping would be charging FVFs on a 1st sale, not refunding them when an issue occurs, then charging the same fees again the second time an item sells.
Buying from 1 vendor, repricing(assumedly higher), and relisting yourself isn't double dipping, its basic business.
Somebody is reporting your listings, most likely the person who you bought from that doesn't want you selling in "their" market.
Sounds like the kind of stuff that goes on at the river. Lots of Chinese sellers reporting copyright/trademark infringements that have some weird (or NO) idea about what those infringements really are, and how they are enforced with "first sale doctrine" in the US.
What is it that you're selling? Unless you are ripping off the listing or photos wholesale, its not copyright infringement, and even then, the eBay contract says they own all photos and listings once posted, and anyone else can use them, so its a baseless claim.
Trademark infringment only applies when you are reselling and representing yourself as the owner of the trademark, and doesn't apply to goods purchased used or for resale. I have noticed many Chinese sellers who seem to think that a Trademark means that they are the only person who can sell that item. This is not true. You will only be liable if you are representing yourself as that company, or representing counterfeits as that company's items, or if you have a specific agreement with that company not to resell those trademarked items without their permission.
If someone is reporting your listings for copyright, then it would have to be DMCA. They are legally required to provide proof of infringement if sent a demand letter. If they cannot prove it, eBay should put the listing back up. All you would need to provide to defend your case is the invoice for your original purchase. BTW: If the seller who is doing it resides in the US, they can be reported to the FTC for this practice.
I am not a lawyer, so take my advice with a grain of salt. I have only had this happen to me once on eBay and I successfully won the dispute. However, on that other site, this has come up many, many times. Most of the time, the threats are nothing but hot air trying to get you to stop selling.
disneyshopper
