VeRO Claim on Beachbody DVD Set

[universalman69]

I have sold several Beachbody exercise DVD sets in the past and have never had a problem before. Now I have just had my listing for a P90X  Extreme Home Fitness DVD set removed on a VeRO claim by the manufacturer and have received a warning from eBay that additional violations could result in suspension of my account. I was unaware that I was in violation of any rules. There are many of these DVDs for sale right now by many sellers. Question is this: Did I infringe on Beachbodys copyright by selling a used DVD set? Did I do something wrong? Can't find much info and could use some advice. Are all Beachbody DVDs restricted?  Please advise. Thanks.

[7606dennis]

Without knowing precisely what you were selling and how you were selling it there isn't really much advice to give you.  I recommend that you not re-list the item until you have settled the matter with the copyright owner.

Were you making copies of these DVD sets to sell?

[pjcdn2005]

Is it possible to post the Vero letter here without showing any of your personal information?

[universalman69]

No I was not making copies. This was an original set purchased used and listed for sale. I have sold other Beachbody sets like Hip Hop Abs,Turbo Jam etc. with no problems. I wasn't aware that selling used Beachbody DVDs was taboo and you could get in trouble for doing so. Been selling them for years and never had a problem before.

[universalman69]

Yes here is the letter minus personal info:

Hello XXXXXXX,

After reviewing your eBay account, we've taken the following action:
- Listings have been removed. A list of items that were removed can be viewed at the bottom of this message.
- We have credited all associated fees except for the final value fee for your listing(s). 
Your listing or product was removed after the rights owner notified us that your item violated their copyright. We urge you to contact the rights owner directly for more information about why they requested the removal of your listing or product and whether you can sell the item.

Please be sure your current and future listings follow these guidelines, keeping in mind that additional violations could result in the suspension of your account.

The rights owner or an agent authorized to act on behalf of the rights owner, BeachBody, LLC, notified eBay that this listing violates intellectual property rights. When eBay receives a report of this type of violation, we remove the listing to comply with the law.

 We encourage you to contact BeachBody, LLC directly if you have any questions.

We appreciate your cooperation.

Thanks,

eBay 

Please don't reply to this message. It was sent from an address that doesn't accept incoming email.

[universalman69]

I forgot to mention that the listing that was removed on the Vero claim was an already sold listing that sold within the past 24 hours. I'm very confused about this.

[myjunqueyourtreasure]

Beachbody can be ferocious and much like Rosetta Stone claim they are only licensing you to use the dvds.

[mansons2005]

Did you list them with your own photos or did you copy a photo from someplace online (a copyright infringement)?

[impalajohnny]

Some companies have no problem making false charges of copyright violation just to try and supress the secondary market. You have the right to sell any original physical copies you own. You should fight this as vero acusations put a stain on your account that can lead to you getting banned. Filing a counternotice might be the best way but it's been awhile since I did vero research. Even if you prevail don't list the item again on ebay. Some of the worst vero abusers will withdraw their claim so they can double it up when you relist.

[universalman69]

I use my own photos always. 

[mansons2005]

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@universalman69 wrote:

I use my own photos always. 

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I only brought it up because the seller I worked for had a vero for that reason. He also had a vero because he used the "TM" mark after a manufcturer's name as well. Apparently giving credit for a trademark is trademark infringement.............go figure.

[scga912 · Accepted solution]

https://www.beachbody.com/product/about_us/terms_of_use.do

There's all the info you need.  You cannot resell it as it goes against the Terms and Conditions of Beachbody.

[universalman69]

I don't intend to try and relist this DVD set again, nor do I intend to list any other Beachbody DVD in the future. I do personally feel like this was very unfair and wish eBay would have backed me up a bit, especially since the claim is questionable. Looks like no more Beachbody sales for me.  

[universalman69]

Wow, thanks Suzanne. Thats a long read but I guess the essence of it is that you can't legally sell Beachbody products. I guess I'm not the owner of the DVDs that I bought, THEY ARE. I will stay away from anything Beachbody in the future, which is apparently just what they want. 

[impalajohnny]

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@universalman69 wrote:

Wow, thanks Suzanne. Thats a long read but I guess the essence of it is that you can't legally sell Beachbody products. I guess I'm not the owner of the DVDs that I bought, THEY ARE. I will stay away from anything Beachbody in the future, which is apparently just what they want. 

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Corporations do not make laws. If you want to know what the law is google "first sale doctrine".