07-01-2018 10:48 PM
So I listed a LeBron James replica jersey preorder. I sold about 80 in 4 hours. I received a ton of money in my PayPal and everything was going great until my listing was removed for violating Trademark in the VeRO program. I still have the money from everyone’s order, but I lost all of their addresses because eBay removed the listing and every sold item too. What do I do? Should I ship all of the jerseys by using the addresses from the people’s PayPal? Or will eBay take my money? I don’t want to buy the postage stamps and eBay take my money so I have all of these useless stamps. Has this happened to anyone before? Also, what does it mean when the email says “We have credited all associated fees except for the final value fee for your listing(s)?” Please reply fast
07-01-2018 11:02 PM
Yikes. Replicas are counterfeit. I would refund everyone through PayPal. I have no idea what this is going to do to your a account. I am sure other regulars might have a better point of view on this.
07-01-2018 11:07 PM
I wasn’t selling them, saying they were “real” or “authentic” I was just trying to sell some good looking and cheap jerseys. eBay should make it clearer what I should do and what is going to happen.
07-01-2018 11:10 PM
Might as well do nothing right now, I think you will be permanently banned.
The buyers will get their money back when the item doesnt show up.
07-01-2018 11:14 PM - edited 07-01-2018 11:16 PM
@jerseburghin0 wrote:I wasn’t selling them, saying they were “real” or “authentic” I was just trying to sell some good looking and cheap jerseys. eBay should make it clearer what I should do and what is going to happen.
It doesn't matter if you were saying real or authentic or not. Ebay doesn't allow fakes or counterfeits to be sold.
This is not Ebay's fault. Ebay expects sellers to know policy as to what is allowed to be sold here and what is not. If you don't, you can always search the help pages to find that info.
From the Policy/Help pages:
To report listings that offer counterfeit items or replicas, please contact us.
We have lots more detail on the types of products that are considered unauthorized in our guidelines below, but please be aware this isn't exhaustive list.
Selling such items can infringe on someone's copyright or trademark, which is against the law and eBay policy.
Frequently Asked QuestionsIf any listing has a false or misleading description of what the item truly is, then we will consider it to be fake, and is therefore not allowed on eBay. For example, if a listing for a DVD of a popular TV series claims to be an original, but is actually a pirated copy.
How do I know whether my item is an unauthorized copy?Sometimes it's hard to know whether something is unauthorized and consequently not allowed on eBay. If you're not sure, here are a couple of ways to think about it:
You can also contact the rights owner to find out whether you are authorized to sell the item. Learn more in our Verified Rights Owner Program and intellectual property policy.
What should I do if I see a listing with a counterfeit item?Please report listings that offer counterfeit items or replicas.
We have lots more detail on the types of products that are considered unauthorized in our guidelines below, but please be aware this isn't exhaustive list.
Items that bear a company's official brand name or logo can be listed as long as the products were lawfully made by, for, or with the consent of that company.
We don't allow replicas, counterfeit items, or unauthorized copies to be listed on eBay. Unauthorized copies may include things that are bootlegged, illegally duplicated, or pirated. These kinds of things may infringe on someone's copyright or trademark.
For examples of what you can and can't sell on eBay, see the guidelines below.
Make sure your listing follows these guidelines. If it doesn't, it may be removed, and you may be subject to a range of other actions, including limits of your buying and selling privileges and suspension of your account.
Be sure to report listings that offer counterfeit items or replicas.
What are the guidelines?Here are some examples of items that can and can't be listed on eBay (note that this isn't an exhaustive list):
Public domain media (see our public domain media policy for more info)
It's illegal to sell bootlegs, counterfeits, fakes, or unauthorized or pirated copies of any product. In order to comply with the law, we don't allow these items to be offered on eBay. This policy also helps protect buyers from getting counterfeit or unauthorized goods, and helps protect rights holders from copyright or trademark infringement.
07-01-2018 11:16 PM
Alright, thanks for that, but I just want to know what happens next for me.
07-01-2018 11:17 PM
It doesn't matter if you said so. Its still illegal unless its an authorized replica. Chances are they were not. Replicas for the most part are prohibited on ebay.
07-01-2018 11:18 PM
You're welcome.
As another poster stated, Ebay could permanently suspend you, as in you lose your selling privileges. They may allow you to still buy on the site.
The buyers will be refunded from your money.
So sorry, OP.
07-01-2018 11:23 PM
Also, what does it mean when the email says “We have credited all associated fees except for the final value fee for your listing(s)
This means that if you paid any listing fees, they have been credited, given back, to you. Except for the final value fee refers to the final value fee you paid for every sale. That would be 10% of the purchase price and 10% of the shipping cost you had on the listing.
If you got a boatload of money, you will owe a smaller boatload in fees since you still have to pay FVF.
07-01-2018 11:23 PM
@dougsue123b wrote:It doesn't matter if you said so. Its still illegal unless its an authorized replica. Chances are they were not. Replicas for the most part are prohibited on ebay.
Unless you are a Chinese seller and Ebay has provided you with the specs to copy and sell the items as the current CEO admitted to in this article. Then it is perfectly allowable as Ebay has partnership contracts with many of the companies and cities in China now and has openly stated that China is their future.
07-01-2018 11:24 PM
Hopefully the rights owner doesn't take legal action. Depends on how bad they view the vio;ation I suppose.
07-01-2018 11:24 PM
Should I ship all of the jerseys by using the addresses from the people’s PayPal?
Don't ship. Your buyers will be looking for refunds since the transactions were cancelled.
07-01-2018 11:30 PM
I have seen those "Pan Am" bags and stuff. Yeah that is totally not fair, I think the loop hole was the trademark had expired on the old designs, they couldn't do it with current designs.
07-02-2018 01:13 AM
@dougsue123b wrote:I have seen those "Pan Am" bags and stuff. Yeah that is totally not fair, I think the loop hole was the trademark had expired on the old designs, they couldn't do it with current designs.
Using a design that is no longer under trademark is not a "loophole" that would be like saying that a recording made of a Beethoven composition (no composer royalties payable) would be using a loophole.
Copyrights expire 70 years after the death of the creator and enter the public domain, Trademark owners must continue to renew their marks with the Trademark Office every 10 years AND show continuation of use. Pan AM went out of business in 1991, didn't renew their trademarks and couldn't legally because they no longer used them. Their logo like thousands of others became part of the Public Domain free for anyone to use.
07-02-2018 02:03 AM
You do not need to ship out the jerseys as all the buyers will needed 100% refunded.
Also, what does it mean when the email says “We have credited all associated fees except for the final value fee for your listing(s)
That means you will get any listings fees back but 10% of each jersey will be due in FVF.
If you sold each jersey for lets say $50....then you'd owe eBay $5 on each one.
If you sold 80 of these then you owe ebay $400 in FVF.