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Indefinite Selling Restriction

First I would like to say that I just got off the phone with one of the most cordial eBay supervisors.  His name was Mark.  I really feel he went out of his way to be helpful and feel he deserves a special mention.

 

Now to my issue.  My eBay selling account has been indefinitely restricted which I believe is not fair.  We have been an eBay since 2001 and our store has consistently been rated as a 'Top Rated Seller" with a 100% feedback rating.  On or about 09/06/2019 I contacted customer service regarding a notification that was received stating our account had been temporarily suspended for 7 seven days for 2 listings that had appeared on eBay's German website.  The way this was determined was that a message from eBay arrived in my message center in German.  Google translate had to be utilized in order to read the message.  I requested to speak with a supervisor and spoke with Mary (SR#1-225898466687).  Initially she and I were both confused as the message had been in German.  I explained to Mary that the two listings were placed on the US eBay site and since I had utilized the free listing opportunities that eBay solicited to me they were also placed on several international sites.  The listings were placed on an approved US eBay category and if there was a problem with listing internationally I would be happy to remove them from the international sites.  The 2 listings contained the work 'meissen' and I advised Mary that the items were listed as used (vintage and/or antique) and that there were many manufacturers that produced china patterns that contained the description of 'meissen'.  I provided her a website of replacements.com which if you searched the word meissen within that site you would see several pages of manufacturers that utilized the word 'meissen' within their patterns.  My listings were truthful with detailed pictures that I took and did not violate any trademarks as they were 'USED' and as I understand it available to be sold on eBay.

 

Mary manually removed the temporary suspension as she felt that it had been inappropriate based on the information provided.  She specifically told me she would be performing an escalation on this case and that I should not worry about anything.  She would be personally handling the case and would call me back within 48 hours.  Neither Mary or anyone else from eBay ever called me back.

 

On 09/09/2019 another German eBay message arrives.  Google translate was once again utilized to read the message and I was informed that my account had been permanently blocked for sale based on trademark violations.  I would like to state that these 'trademark violations' did not become an issue until my listings were posted on the German eBay site.  Once again I contacted customer service and requested to be transferred to a supervisor as the initial representative was unable to provide any assistance.  I was connected to and spoke with supervisor Michele who was NOT pleasant or cordial.  She advised me that there was nothing I could do, no appeal process and no alternative and nothing could be done about it.  Additionally she was unable to even explain the violation other then stating that this was my second violation, the first one was the one supervisor Mary had manually removed as mentioned above.  After trying to explain the situation without any understanding on her part I requested to speak with her supervisor.

 

Jeff, an eBay senior manager was my next point of contact (SR #1-226516866667).  Jeff listened to my argument and kept apologizing and told me not to worry, that he would personally handle this issue and would see if there was any way to resolve the problem.  Again I stated that I would be happy to remove my listings from all international sites and just list within the United States.  He requested that I give him 72 hours to get back with me.  I asked if there was a phone number or email address for him so communication could be maintained directly with him.  Jeff advised he would send me an email for this specific purpose.  Upon receipt of the email I should just respond with acknowledgement of it, which I did.  I received a generic email from Jeff with no direct line of communication back to him.  To date I have never received a call back from him or anybody else.

 

I cannot begin to express the frustration level I am experiencing or the number of hours that it is taking me to try to contact a representative of eBay that can actually help.  My objective is to discuss this situation with a representative of eBay that can actually help and/or advise me of what would need to be done to reinstate my selling privileges.  It seems unfair that I am not even being given an opportunity to argue or discuss this matter with an individual that is in a position to do something about it.  Consistently being read a 'script' by representatives that can do absolutely nothing to help is unacceptable. 

 

Any assistance or advice that could be provided would be appreciated.

 

Thank you.

Message 1 of 42
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Re: Indefinite Selling Restriction

Anonymous
Not applicable

@ittybitnot wrote:

I remember you - at least I think it was you. Is this your thread from the first suspension @copperfoxantiquesemporium?

https://community.ebay.com/t5/Selling/Restricted-from-Selling-on-eBay/td-p/29966320

 

The person in that thread had a similar issue.  It was also related to the use of Webinterpret and the issue is almost identical with a listing posted to Germany for a similar item.   Eventually, ebay apparently took care of it for her.  

Hopefully, someone with some sense and the ability to correct the problem can be contacted on behalf of the OP. 


I'm making the assumption that the OP in this thread is also using Webinterpret, but I did ask them to confirm if that assessment is correct.

 

Is there anything you can do to help brian@ebay? This poster has already called CS several times.

Message 16 of 42
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Re: Indefinite Selling Restriction

I'm making the assumption that the OP in this thread is also using Webinterpret, but I did ask them to confirm if that assessment is correct.

 

From the OP :  "I explained to Mary that the two listings were placed on the US eBay site and since I had utilized the free listing opportunities that eBay solicited to me they were also placed on several international sites." 

 

I am making that assumption as well.  What else could it be? 

Message 17 of 42
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Re: Indefinite Selling Restriction

OP said nothing about webinterpret, not assuming it wasn't used either. If it was, this could be in their defense.

 

As for Meissen, its not a pattern name, its a brand name. The OP was hit with a trademark claim, ebay followed through in taking down the listings and they responded by suspending their account.

 

As they stated, "account had been permanently blocked for sale based on trademark violations."

 

ebay can't legally issue trademark claims without the rights holders consent, at least not in the U.S. anyway.

 

This is why I stated they should contact Meissen for clarification and to give themselves the opportunity to help resolve the issue.

 

I think its also important to determine if webinterpret was used.

Message 18 of 42
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Re: Indefinite Selling Restriction


@gamersbaystore wrote:

I think its also important to determine if webinterpret was used.


Is there a way to tell just by looking at the listing? (i.e. the listing on the German site) My listings are shown world-wide, I assume in English, so if the OP's listings are turning up in German on the German site, would that indicate WebInterpret involvement?

Message 19 of 42
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Re: Indefinite Selling Restriction

This was the only time I have created my own post.  Webinterpet was utilized.

Message 20 of 42
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Re: Indefinite Selling Restriction


@copperfoxantiquesemporium wrote:

Thank you for your message.  I have filed a complaint with the BBB as it doesn't seem like you can get anyone who can help.  Hopefully the complaint will get me a contact person who I can discuss this with. 


The BBB is worse.

Message 21 of 42
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Re: Indefinite Selling Restriction

The representative stated "that this was my second violation" referring to the fact that the first supervisor I spoke with manually removed the violation.  The second representative was stating that it didn't matter that the first supervisor removed the violation as it still counted.  I never relisted the 2 items that had been removed.

Message 22 of 42
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Re: Indefinite Selling Restriction

eBay has not provided me with a copy of the actual claim being made if that is in fact the case.  Again, I never relisted the two listings that were removed by eBay Germany.  I had other listings but was specifically advised to leave everything else alone by the first eBay supervisor I spoke with.  I asked if I should remove listings from the international sites and was told not to.  Webinterpret had been utilized.

Message 23 of 42
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Re: Indefinite Selling Restriction

Yes it was.
Message 24 of 42
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Re: Indefinite Selling Restriction

As for Meissen, its not a pattern name, its a brand name.

 

It is also a name of a city in Germany. 

Message 25 of 42
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Re: Indefinite Selling Restriction

A city where Meissen Porcelain is located. And while it is not really important, there are dozens of china patterns produced by other manufacturers that (illeglly?) use the name Meissen - I personally have a set of 1930s dinnerware by Sebring USA titled "Meissen Rose". If you go to the Replacements dot website and search Meissen you will see literally hundreds of patterns that use the word Meissen. But since most of those are not produced in Germany there is little that Meissen can do about it. The name and history of the firm have such cache that it is used with impunity to impart a sense of quality and luxury. Sort of like a certain jewellery house.............
Message 26 of 42
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Re: Indefinite Selling Restriction


@copperfoxantiquesemporium wrote:

I'm sorry as I forgot to thank you for reaching out to one of the blues.  Maybe I can hope for help......


@fashunu4eeuh 

 

I'm just lending a little helping hand here.  Fashunu's tags weren't structure quite right, so I'm just doing the tags so they will work for you.  

 

Please note that the blue's aren't typically back until Monday.

 

@Anonymous 

tyler@ebay 

brian@ebay 


mam98031  •  Volunteer Community Member  •  Buyer/Seller since 1999

"I can explain it to you, but I can't understand it for you." Quote from Edward I Koch

Message 27 of 42
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Re: Indefinite Selling Restriction


@mam98031 wrote:

@copperfoxantiquesemporium wrote:

I'm sorry as I forgot to thank you for reaching out to one of the blues.  Maybe I can hope for help......


@fashunu4eeuh 

 

I'm just lending a little helping hand here.  Fashunu's tags weren't structure quite right, so I'm just doing the tags so they will work for you.  

 

Please note that the blue's aren't typically back until Monday.

 

@Anonymous 

tyler@ebay 

brian@ebay 


@mam98031 Thank you, Mam! 

Message 28 of 42
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Re: Indefinite Selling Restriction

You don't need web interpret to post on ebay's foreign sites, the program just simplifies the process of doing so. Or, it was supposed to anyway.

Message 29 of 42
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Re: Indefinite Selling Restriction

I appreciate it.
Message 30 of 42
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