VeRO Violations - Unfair Reporting

[bargaincat4u]

I had several listings removed this morning due to VeRO policy violations, specifically, not being able to ship a particular product to EU and other international locations. I immediately revised the remaining listings after the initial removals. 2 hours later, VeRO STILL removed the listings that I had already revised.  I then received a 3rd email that if I violated policy again...blah blah blah.

Is anyone else having this same issue today?

[fab_finds4u]

Hi,  VeRO removes items they think are counterfeit.  (Intellectual property theft or it violated their copyright)

Revising the listing and relisting it doesn't change their mind. If it was removed you're not allowed to relist it. You can't  sell it on eBay. If you keep listing an item that was removed you're going to get suspended. 

[bafosdeals · Accepted solution]

When a brand or IP holder issues a Notice of Claimed Infringement (NOCI) to eBay, it usually takes at least 12 hours to process them, often longer. eBay usually processes one notice at a time, so if a brand sent multiple notices, they will be processed at different times. Once they are in the system, even if you made changes to other listings, the notices will still be processed. For legal protection reasons (safe harbor doctrine), eBay has to process all valid NOCIs unless a brand rescinds the request before it's processed, and that is usually difficult.

[albertabrightalberta]

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@bargaincat4u wrote:

I had several listings removed this morning due to VeRO policy violations, specifically, not being able to ship a particular product to EU and other international locations. I immediately revised the remaining listings after the initial removals. 2 hours later, VeRO STILL removed the listings that I had already revised.  I then received a 3rd email that if I violated policy again...blah blah blah.

Is anyone else having this same issue today?

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What makes you think the removals are for shipping restrictions? 

That's not something VeRO cares about. 

Please post a copy and paste of the message, redacting any personal information.

[pjcdn2005]

I'm fairly sure that a VERO notice can also be for Parallel Importing or something like that. For example an item  made by a specific manufacturer may be allowed to be sold in the US market only.  The same item may be sold in Europe under a different name or made by a different manufacturer.

The Wiki definition..

A parallel import is a non-counterfeit product imported from another country without the permission of the intellectual property owner. Parallel imports are often referred to as grey product and are implicated in issues of international trade, and intellectual property.[1]

[ckimodog]

@bargaincat4u 

If you got a first Vero notice and you ignored it, you should have not relisted those items.  You put your account in jeopardy by relisting.  My suggestion is if they take it down again, Ebay might not give you a warning, but a restriction on your account or a suspension as you display a risk to the Ebay community.  Sell something else.  

Happy Selling!

[pjcdn2005]

If it was a parallel importing VERO notice than restricting where they sell their products should solve the problem.  At least that's the way that I understand it. But I am only going by what I've read. I don't know from experience.

[bafosdeals]

eBay VeRO only acts on complaints from IP holders, they do not make their own decisions or search out problems. In very few situations they may question a NOCI with the IP holder for clarification to ensure it fits within the rules.

[bafosdeals]

It's possible for a brand to send a NOCI for a parallel import if the listing violated the brand's intellectual property in some way. It's not easy to do that, but there can be some narrow situations where I can see that being possible.

However, you are generally correct, any parallel import or MAP violation will have to be based on a copyright or other IP infringement. eBay VeRO will not intervene in "contractual disputes" unless those disputes trigger an IP violation.

[bargaincat4u]

That's what these were taken down for, and before this morning, I didn't know they were restricted. My problem is, I adjusted the remaining listings to remove any international shipping whatsoever, to remain in compliance, and they were still taken down. Then they sent me a warning. They gave me literally no time to adjust my listings before giving me a warning.

[bargaincat4u]

Not the case here. Moving on.

[bargaincat4u]

I don't ignore warnings. I don't list things that aren't compliant. If a seller doesn't know what they are doing is not in compliance, then give sellers time to adjust their listings. Don't just send them warning after warning within a 2 hour timeframe. I don't know about other sellers, but I don't babysit my eBay while I'm sleeping. Another thing, I don't appreciate your commentary. You clearly didn't read my original post.

[bargaincat4u]

Hello bargaincat4u,

We had to remove your listing because it didn’t follow our VeRO Parallel Import Policy. Importing certain products from other countries without the rights owner’s permission may violate their intellectual property rights

What activity didn't follow the policy

Your listing was reported by the rights owner listed below because it offers to ship to Europe, without their permission. Shipping this item into Europe violates their Intellectual Property rights. You can sell this product, but only if you remove shipping options to Europe, including the United Kingdom, and do not offer to ship to these countries in your listing?s description.

What you need to do next

Please ensure your current and future listings follow this policy.

What is the policy

- Your listing was reported by Coty Beauty Germany GmbH for offering shipping into the EU (European Union) or EEA (European Economic Area) without their permission. eBay’s Verified Rights Owner (VeRO) program offers intellectual property rights owner(s) a way to report listings that they believe infringe on their rights
- Importing certain products from other countries into the EU or EEA without the rights owner’s permission may violate their intellectual property rights. You must exclude shipping to the EU and EEA, and let buyers know they will not ship to these areas
- If you believe a mistake has been made, you will need to contact the rights owner directly. If the right’s owner approves you appeal, please have them contact us directly to reinstate your listing(s)
You can send an email to:
Ebay_Veri@cotyinc.com

[bargaincat4u]

That's what I did. Unfortunately, I believe the 12 hour window worked against me (obviously something else I didn't know about). My complaint is that:

1.) I wasn't given any time to change my listings that were non-compliant before being sent the final warning email.

2.) After revision, I still got listings removed.

So I guess the best policy is to just end the listings entirely and relist them in compliance at a later date.

I appreciate your help.

[albertabrightalberta]

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@pjcdn2005 wrote:

I'm fairly sure that a VERO notice can also be for Parallel Importing or something like that. For example an item  made by a specific manufacturer may be allowed to be sold in the US market only.  The same item may be sold in Europe under a different name or made by a different manufacturer.

The Wiki definition..

A parallel import is a non-counterfeit product imported from another country without the permission of the intellectual property owner. Parallel imports are often referred to as grey product and are implicated in issues of international trade, and intellectual property.[1]

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Thank you for that explanation @pjcdn2005 . I was unaware.