eBay

syrett_tech · ‎10-27-2021

I have been selling replacement parts for toys that are out of production by a company that is defunct. It's been fine until recently, all my post are being flaged as counter fit or "search manipulation". I clearly state these are not orginals and even have my brand on them. Simular to an aftermarket mirror for your car I mentioned what they are for. This only recently started happening after getting into an argument with a follower on my Instagram that felt I was "price gouging " on a one specific item. Granted it's priced higher then the other simular peices but it's also 10x rarer and the orginal can go fit 5x as much is not more. One of "cheaper" one really cost me nearly the same but make nothing off them. So my question is. Is there a way to inform EBAY that the flaging is possibly being done by some one who has a grudge? Also is there any other guidance on how I should word my listings? Here is the description of one of the listings.

REPLACEMENT Dino Damage (1 piece) for Jurassic Park Series 1 Young Rex. These are not orginal they are 3D printed with flexable resin that has been dyed to match the orginal as close as possible, but due to fading of the orginals a perfect match is not guaranteed. This resin is flexible but is not as soft as the orginal. These are marked with my logo so as not to be passed off as orginals.

dabunk2000 · ‎10-27-2021

You are selling fakes. Against eBay rules, cannot understand why you might be having trouble if someone is reporting your items

tk1717 · ‎10-27-2021

Patented dino. You can steal design. The FLAG is correct.

tk1717 · ‎10-27-2021

CAN'T

aeparts1 · ‎10-27-2021

I wouldn't call them "replacement", I would say reproduction aftermarket. Something along those lines.

I guess you learned that arguing with people on instagram is pointless. Best to ignore anyone that wants to argue & not engage them.

You will never find a more wretched hive of scum and villainy. We must be cautious.

syrett_tech · ‎10-27-2021

How are they differnt then after market mirrors for a vehicle that's direct OEM replacement? They are not branded or marketed as orginal.

syrett_tech · ‎10-27-2021

I picked "replacement " based off how after Market parts for cars are listed.

px_455 · ‎10-27-2021

You need to read the letters of violation, they may include a point of contact, you may wish to ask them these questions.

syrett_tech · ‎10-27-2021

There are millions of after market items that are direct replacements for OEM equipment. These are not "fakes" because they are not branded as orginal or advertised as much. Same concept. I am not making a copy of the entire figure. Just a part and I'm not "casting" the of the orginal. This as far as I know is legal and acceptable. If you have a good logical reason why that wouldn't apply. Please let me know.

downunder-61 · ‎10-27-2021

@syrett_tech wrote:
There are millions of after market items that are direct replacements for OEM equipment. These are not "fakes" because they are not branded as orginal or advertised as much. Same concept. I am not making a copy of the entire figure. Just a part and I'm not "casting" the of the orginal. This as far as I know is legal and acceptable. If you have a good logical reason why that wouldn't apply. Please let me know.

You are very possibly correct

They are not allowed to be listed on eBay

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I have been imported from Australia and this is my posting ID

syrett_tech · ‎10-27-2021

The policy says "-- Fakes, copies or replicas of brand name items (for example, a shoe with the Nike name or logo that wasn’t made by Nike)"

It specifically states "the the name/ logo" I am not branding them as "kenner" or "Jurassic world/park" and I even Brand them physically with my logo. There are millions of listings on ebay for "direct oem replacement " items that are identical to the orginnal but are not "fakes" as they are not branded as "Ford F 150 mirror " they are "replacement mirror for Ford F 150" which is the same wording I used.

syrett_tech · ‎10-27-2021

I did. It just said "no reply" I tried suport but it just sent me in circles with the AI chat bot.

syrett_tech · ‎10-27-2021

Patents are only good got 20 years. They expired in 2013 threw 2017 for everything I'm working on.

stainlessenginecovers · ‎10-27-2021

Other members can report things; but seldom is anything done.

If the Copyright Holder finds or is notified and/or belong to or contact ebay and then now belong to VERO (Verified Rights Owner)

ebay has 1 thing to do when one of these people report:

Take down your listings.

They (ebay) usually notifies you (message) about it and tell you to NOT EVER relist again; and sometimes give you a contact (name or email or phone number of the Rights Holder- but they are NOT required to do any of that)

Till then; do not list and there is nobody at ebay you can contact to change this decision.

donsdetour · ‎10-27-2021

@syrett_tech wrote:
I have been selling replacement parts for toys that are out of production by a company that is defunct. It's been fine until recently, all my post are being flaged as counter fit or "search manipulation". I clearly state these are not orginals and even have my brand on them. Simular to an aftermarket mirror for your car I mentioned what they are for. This only recently started happening after getting into an argument with a follower on my Instagram that felt I was "price gouging " on a one specific item. Granted it's priced higher then the other simular peices but it's also 10x rarer and the orginal can go fit 5x as much is not more. One of "cheaper" one really cost me nearly the same but make nothing off them. So my question is. Is there a way to inform EBAY that the flaging is possibly being done by some one who has a grudge? Also is there any other guidance on how I should word my listings? Here is the description of one of the listings.

REPLACEMENT Dino Damage (1 piece) for Jurassic Park Series 1 Young Rex. These are not orginal they are 3D printed with flexable resin that has been dyed to match the orginal as close as possible, but due to fading of the orginals a perfect match is not guaranteed. This resin is flexible but is not as soft as the orginal. These are marked with my logo so as not to be passed off as orginals.

"These are not orginal they are 3D printed"

You can not use the name of any company or there product to sell these reproduction parts with out their permitting.

The VERO take downs, or even fake listing are valid.

You can also find your self with legal trouble as well as civil law suites etc...

Were as the service you provide may be usefull: you simply can not use names to sell them that are involved with owned copyrighted, or maybe even patented rights of a company.