VeRO

[afamilyaffairresellers]

Hi,

I had a jelly belly bean boozled listed and received this message tonight from Ebay. Does this mean I cannot list this item on ANY Ebay platform or only in the UK. I followed the link E-Bay has in the listing to the vero site and I don't see Jelly Belly on there..unless I am missing it somewhere.

I take the message to mean it was showing up in the UK..that must be because I am part of the global shipping program. Anyway, I called e-bay and got one of their foreign customer service reps who was hard to understand and he said it cannot be relisted on any of the e-bay sites. But from what I am reading it says it cannot be listed in the UK. I don't plan on relisting actually because I don't want to risk loosing my e-bay account. I am just curious when all of you read this message what you take the message as meaning...Thanks 🙂

Here is the message that I received.

Your listing has been removed: Parallel Import Violation - Unauthorized Item

After reviewing your eBay account, we've taken the following action:
- Violating 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 reviewed after the rights owner notified us that your item violated their rights.

Importing certain products from other countries without the rights owners permission may violate their intellectual property rights. Because of this, eBay reviews these items when we are contacted by the rights owner.

We encourage you to contact the rights owner directly to better understand their position, as well as the countries or regions that they are concerned about. You will then want to exclude these regions in your postings and will also need to state that you won't sell to buyers in these areas.

For more information on our VeRO program, please visit:
http://pages.ebay.com/help/community/vero-aboutme.html

If you have more questions, contact our policy experts:
http://ocsnext.ebay.com/ocs/cusr?query=1337&=PTB1196 



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, Jelly Belly Candy Company, 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.

Hello : The following product(s) and/or its packaging is not licensed to be sold in any locale other than the United States. #LISTING#Your listing(s) have been removed because they are showing available on various ebay UK European Union Marketplace Locales.If you do not understand why your listing was live on a European Union Marketplace Locale, please contact eBay to assist you. Thank you, Jelly Belly Brand Protection

We encourage you to contact Jelly Belly Candy Company directly if you have any questions.

You can send an email to: 
brandprotection@mm-jellybelly.com

For more information on how eBay protects Intellectual Property, or for additional information if you believe that your listing has been removed as a result of an error or misidentification, please visit the following Help page: 
http://pages.ebay.com/help/policies/programs-vero-ov.html

The rights owner has created a VeRO Participant Profile page that contains information to help you understand why removal of your listing was requested. For more information about the rights owner, please go to:
http://vero.ebay.com/vero/jelly_belly_candy_company

Here are the listings that were removed:
173710769084 - Jelly Belly Bean Boozled 4th Edition Spinner Game New Unopened 12.6 oz


We appreciate your cooperation.

Thanks,

[southern*sweet*tea · Accepted solution]

From the Jelly Belly website:  https://www.jellybelly.com/shipping-info

"How do I ship internationally and/to territories?

Unfortunately, we’re not able to ship orders outside the 50 US States and APO/FPO addresses. If you would like to enjoy our gourmet candy in another country, please contact one of our authorized international distributors.

We must limit orders shipping to a freight-forwarder to $500 or less per 30 day period. We cannot ship licensed goods (Harry Potter, Disney/Pixar, BeanBoozled, etc.) out of the US, whether directly or through a freight-forwarder. If you wish to purchase more than $500, please contact your Jelly Belly Distributor. In addition, we are only able to accept US-based credit cards with US-based billing addresses. If you do not have a US-based credit card with a US billing address, we will be happy to accept payment by Wire Transfer and/or ACH payment. Please click here for more info."

If Jelly Belly themselves cannot ship licensed goods outside the country, you can't, either. Apparently the licensor doesn't want their goods sold outside the US.

[afamilyaffairresellers]

Thanks for your answer to my question about Vero. So, apparently it isn't because I used the words Jelly Belly in my listing it is because it was somehow on the UK site (most likely because of the global shipping program).

I thought I was reading it right and they removed it because it was on the UK site but customer service is telling me I cannot sell it ANYWHERE on ANY of the E-bay Platforms, not even just in the USA. So I was wondering if I was missing something. I'm not going to relist it at all since customer service said I can't relist it, but I was wondering if I was misreading something. 🙂 

[18704d]

"If Jelly Belly themselves cannot ship licensed goods outside the country, you can't, either."

---------

Irrelevant.

After the OP (the first consumer) buys it,

it's no longer Jelly Belly's product.

If it's not outlawed in the US, any consumer legally possessing one has the right to resell, without JB's permission.

Of course it'd be cost prohibitive for the OP to fight this.

Lynn

[m60driver]

---

If Jelly Belly themselves cannot ship licensed goods outside the country, you can't, either. Apparently the licensor doesn't want their goods sold outside the US.

---

What it means is that the company has already signed agreements with distribitors in those countries for exclusive distribution rights.  They do want their goods sold outside the US and have an existing business partner to do so. This is a fairly common arrangement in the business world.

[mansons2005]

"What it means is that the company has already signed agreements with distribitors in those countries for exclusive distribution rights.  They do want their goods sold outside the US and have an existing business partner to do so. This is a fairly common arrangement in the business world."

This is fairly common, but the only other example I can think of is Bose electronics, which I found out the had way, can not be sold from the US to Ireland due to a legal distribution contract. THe products can be resold anywhere else, but not in Ireland (and possibly Canada, if I remember correctly). We investigated at the time (a few years ago) and according to an International Trade legal eagle the clause does apply to resellers because it is an international agreement.

[afamilyaffairresellers]

I was surprised when I got the vero. I never even considered when I listed it that it couldn't be sold outside of the USA. To be honest it never crossed my mind that being part of the global shipping program would cause a problem with something being sold outside the USA. Oh, well lesson learned. The EBAY customer service rep that I talked to told me that I cannot list it on ANY EBay platform so even though I see plenty of others selling them on Ebay I'm not going to risk getting an account suspension over a single item.

[elocobim-0]

Vero is complex and your item can be taken down for words, images or both for registered companies with eBays vero.  If you use shopify eBay sales channel, there is an app called product auditor that can scan your listings and report trademark items. Follow their recommended guide and you will never have these issues again.  The app is available here 

https://apps.shopify.com/product-auditor?surface_detail=Product+auditor&surface_inter_position=1&sur...

Good luck