Store closed, eBay says everything I sell is a counterfeit.

[uniquedecalsforless]

After receiving a few VERO hits, eBay closed my store stating that EVERYTHING in my store was counterfeit.  I make decals on my own vinyl plotter and print t-shirts (on the stated brand of Gildan 5000 shirts in the listings)  and can insulators (blanks purchased on Amazon and listed as "no brand" in the listings).  Some of the graphic designs I use were purchased with a licensed for resale.  Most of the designs have come from the depths of my own creativity.  The VERO hits were items that I though were covered by the copyright waiver of being political parody and were not relisted according to eBay policy.  A huge amount of the items are from free domain.  eBay has given me no ability to address this situation and has said to basically "suck it up for 30 days".  Does anyone have any advice?

[onefootflipper · Accepted solution]

So, you are saying you have a license for all that Star Wars merchandise you are cranking out?

[luckythewinner]

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@onefootflipper wrote:

So, you are saying you have a license for all that Star Wars merchandise you are cranking out?

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And you have permission from Nintendo to print Pokemon stickers? 

And you have permission from DreamWorks print Rocky and Bullwinkle stickers? 

And you have permission from Hanna Barbera to print Fred Flintstone stickers? 

I think maybe eBay got this one right. 

[lepke1979]

Here's the thing with getting permission from the person that made the graphic for your decals. Be it you bought it off Etsy or wherever. They rarely have permission themselves to sell what they're making.

They just haven't gotten caught by Etsy or whomever yet.

It sucks to be suspended for a bit. But be happy the rights holders aren't actually going after you. Your 30 days suspension could also be you owe so and so company a crap ton of money.

[coolections]

Be prepared to have the blues brothers, the adams family, kenwood and several others also removed. I hope what you say is true about having a license because counterfeiting is against the law.

[mam98031]

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@coolections wrote:

Be prepared to have the blues brothers, the adams family, kenwood and several others also removed. I hope what you say is true about having a license because counterfeiting is against the law.

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OP stated that Ebay had closed their store

[mam98031]

@uniquedecalsforless 

" A huge amount of the items are from free domain"  Then that is what you need to prove to Ebay.  I would gather all the evidence you can gather and then contact Ebay so you can submit it to them.  

Here are the ways you can contact Ebay.  I would suggest the Facebook link.

Here are your options for contacting Ebay Customer Service.

https://twitter.com/askebay?lang=en

https://www.facebook.com/eBayForBusiness/


If when you use the link below you can only get to the Automated Assistant, type AGENT in the box and hit enter. You will then get more options.

https://community.ebay.com/t5/Selling/How-do-I-contact-Customer-Support/m-p/32016431#M1783851

[inhawaii]

On a positive note, at least it was only a 30 day suspension.

That gives you 30 days to re-think your business plan.

I strongly advise not to re-list or re-sell any of those items in question.

I have no doubt that the second time around it will be a permanent suspension.  

Good luck to you 

[toysaver]

"Some of the graphic designs I use were purchased with a licensed for resale"

Who did you sign those contracts with?  Each would have been an individual entity from the owner of the copyright.  Licensing contracts usually cost tens of thousands of dollars, more popular franchises even hundreds of thousands.   If you had licensed even one 'likeness' you would have had an attorney for that process.  You would have sought guidance from him and not needed to rely on lay advice here.

[rfmtm]

Do not relist until this matter is resolved. 

Would have to have a clear description of an item that got VeRO'd to help you determine what happen.  You could be infringing, there may have been a mistake, or just something minor you can correct, or the owner could even be abusing the VeRO system.

[toysaver]

"there may have been a mistake"

It was no mistake.   Look at their list of sold items.   Likely 75% involve the theft of intellectual property. 

[rfmtm]

You are right, doesn't look good for the OP, and now they're on ebay's and VeRO members' radar so just short trip to permanent suspension if they continue to list.

[itsjustasprain]

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@uniquedecalsforless wrote:

After receiving a few VERO hits, eBay closed my store stating that EVERYTHING in my store was counterfeit.

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They might call it counterfeit in their message but its probably more accurate to say unlicensed. There is no way all those different entities are going to grant a license (at least an affordable one) to let you produce their images on your stickers. You also have no copyright or trademark notations on them to show that you already have permission to reproduce them.

If you keep that up long enough someone will decide that you are worth hauling into court. Your problem is not really Ebay so much as whichever trademark attorneys will show up next.