eBay

flyindustry · ‎02-22-2023

Unclear why eBay would simply not ask for my proof of authority before removing a valid listing. Remove the buyers who bid continually and never pay, that world be far more effective.

bafosdeals · ‎02-22-2023

Was it a VeRO notice? If so, the rights owner made the complaint and eBay has to act on it. In that case, you have to communicate with the rights holder to address their concern. Should be contact info in the VeRO notice. They can request to have the claim reversed if they agree it was in error, but it still would require relisting. Do not relist unless you communicate with the rights holder first.

toysaver · ‎02-22-2023

This is an ongoing issue. Not saying that is the case here but counterfeit goods can be sold by reputable retail outlets and not all receipts are genuine. One solution for future sales would be to include a close-up picture of that receipt in the listing and provide it to the buyer in the sale.

Ebay may err on the side of being excessive but that's better than breaking the law or being fined.

ckimodog · ‎02-22-2023

@flyindustry

I agree that there are a lot of areas Ebay could focus on and it appears they are starting to do something about it. As far as counterfeits go, this is something that could cause negative repercussions towards yourself and Ebay, financially. Although you state it's authentic and it probably is, Ebay states differently. My guess is the law is leaning on them to clean up all the counterfeits that are being sold on this platform along with some hefty fines. Just my guess and opinion. Big job.

My suggestion is to not relist it again or it could jeopardize your account permanently.

Sorry for your situation. Wishing you more positive sales in the future.

luckythewinner · ‎02-22-2023

@flyindustry wrote:
Unclear why eBay would simply not ask for my proof of authority before removing a valid listing. Remove the buyers who bid continually and never pay, that world be far more effective.

1) If it was a VERO take down, eBay loses protection from legal liability for your listing if they leave the listing up. eBay is not going to assume liability for your listing.

2) Sending eBay a scan or picture of a receipt does not "prove" anything. Receipts do not necessarily prove anything, and they can be forged easily. And some retail outlets sell counterfeits either knowingly or unknowingly.

3) The counterfeit policy covers more than just the item. It also covers some listing violations and intellectual property violations (like misuse of brand names or trademarks). Sometimes it is the LISTING and not the ITEM that causes the issue.

What was the item and what did eBay say was the issue?

flyindustry · ‎02-23-2023

Well again I have a receipt, from Louis Vuitton so this unfortunately for me was not helpful. Thanks though

rfmtm · ‎02-23-2023

Just to clarify, ebay only legally (under the DMCA) has to take down a listing if it is copyright infringement, anything else (counterfeit, trademark, etc.) removal is not required by law, but ebay will still take down the listing under their own VeRO policy. So do not relist until the VeRO member has rescinded their complaint.

If this was not a VeRO take down, but just ebay removing your item then you have a bigger problem, as ebay appears to be doing more and more of this sort of thing against sellers of various products without giving them any recourse whatsoever to appeal it. The best you could do is have your attorney send a letter to ebay's legal department, but hardly worth it for a single item.

Obviously ebay is trying to protect against counterfeits, but at times seems to not be applying the take downs fairly to all sellers, but certainly should allow a seller to appeal with proper documentation.

luckythewinner · ‎02-23-2023

@rfmtm wrote:
Just to clarify, ebay only legally (under the DMCA) has to take down a listing if it is copyright infringement.

Just to clarify, eBay is not required to take down any listing under the DMCA.

The DMCA simply provides eBay with safe harbor protection from any liability for the seller's copyright infringement if they take it down.

rfmtm · ‎02-24-2023

@luckythewinner Yes, you are correct. My point was legally the DMCA only applies to copyright, not other infringements, but I should have spelled it out better. So thanks for the further "clarification".

kabilab · ‎02-24-2023

Fly,

Over a 9 yr. period, I am guessing I have listed 10K items; two were removed as counterfeits. I absolutely KNOW they were originals, but I accepted e-Bay's decision and did not attempt to relist either one. As I am not "why" oriented, their reasoning was irrelevant to me. My point being to not fret over, what hopefully, is an isolated situation.

rfmtm · ‎02-24-2023

Yes, it is often not wise to relist regardless, as you are on ebay's radar, especially for just a single item. However, it can be important to at least clear up the issue, if for no other reason than to keep your account in good standing without any strikes on it.