eBay

a3c5 · ‎04-15-2021

Hello

I have been on eBay since 2002 and never had an issue, last week I have 90% of my listings removed under VeRO. The point of contact was a company call redpoints.com and they are representing foxmind.com.

The last response from redpoints:

Upon further revision of your case, please be informed that our client FoxMind Toys & Games (www.foxmind.com) has validated the reported content as using their registered trademarks for the sale of products that have not been manufactured by the Intellectual Property rights owner.

Therefore, we inform you that we are not in position to withdraw this complaint.

At no point have they specifically said what the actual content is that they are referring to.

The listings were very basic, with no reference to FoxMind or their products at all.

The title was "Pop It Fidget Toy-Bubble Pop Fidget- UK"

The images are of the actual products and lifted from anywhere else and FoxMind do not have any of the same shapes or colors.

I contacted eBay and the person I spoke to could not tell me where there was an issue with the trademark either.

It is concerning, certainly for larger sellers to have listings removed, it appear to be a blatant abuse of the system.

Anyone else had a similar issue, is there anything that can be done?

I only have a couple of dozen of these things and just want to offload them now, in fact I was using it as a demo to show my daughter that money can be made on ebay, this has put a spanner in the works, I hope it does not put her off.

Any advice welcome.

Thanks

Andy

klhmdg · ‎04-15-2021

I do know that if you have a VERO, dont relist the items.

You have posted this on the US eBay site and you may get better answers on the UK site.

I only say this as the rules and laws may be different.

klhmdg • Volunteer Community Mentor

nobody*s_perfect · ‎04-15-2021

"Fidget " is a trademarked term. You can only use it in listings for items that were manufactured or licensed by the trademark holder. You can't use the term "Fidget" for items made by any other company.

Anonymous · ‎04-15-2021

@a3c5 wrote:
I contacted eBay and the person I spoke to could not tell me where there was an issue with the trademark either.

eBay has little to no power/say on VeRO claims

luckythewinner · ‎04-15-2021

@a3c5 wrote:
I contacted eBay and the person I spoke to could not tell me where there was an issue with the trademark either.

eBay's response was absolutely correct and appropriate.

eBay is not an expert in FoxMind's intellectual property, and their only obligation under the DMCA is to remove the listing when asked and inform you that they did it.

This is essentially a dispute between you and FoxMind, and eBay is simply protecting themselves from any liability that might arise from your listing.

Your only remedy is to convince FoxMind to allow you to list the items, or to file a counter-notice with eBay. But aware that a counter-notice essentially challenges FoxMind to proceed with a court action against you. Since that could get costly, consulting with a lawyer might be wise before taking that step.

gjs_16 · ‎04-15-2021

Not to sound contrary but I want to advise against relisting at all costs, even if you get in touch with Foxmind and they clear you and then you call eaby and they clear you as well... VeRo is not human but robotic and if you got caught once there is a good chance the software will nab you again, a few of these (we don't know how many but most of us believe the actual number to lie in the low single digits) and they will restrict your selling privileges (possibly permanently).

So again I wish to reiterate what has already been mentioned:
Once Vero'd, do NOT relist.

That being said IF you are selling a "fidget" that was NOT made by Foxmind then it is possible you can find the appropriate name and list it under something other than "fidget."

For example, "Velcro (tm)" is actually a hook and loop fastener, this is only an example.
Another example, "Kevlar (tm by Dupont)" is actually Aramid cord, again just an example.
I do not know what a "fidget" actually is but you'll need to also look into the words "Pop" and such, anything that has been trademarked will trigger the VeRoBOT.

priorityplus1 · ‎04-15-2021

I had that happen to me & i relisted under "famous brand".....no more worries.....B

trejam63 · ‎04-15-2021

@priorityplus1 wrote:
I had that happen to me & i relisted under "famous brand".....no more worries.....B

The OPs listings aren't a famous brand...

luckythewinner · ‎04-15-2021

@gjs_16 wrote:
VeRo is not human but robotic
{snip}
anything that has been trademarked will trigger the VeRoBOT.

I think you fundamentally misunderstand how VERO works. I am a VERO member and I report listings on behalf of several music artists.

VERO requires me to file a manual report naming each item by item, and the reason for the infringement. There is nothing "robotic" or automatic about it.

mrfindit · ‎04-16-2021

Pop It is a trademark of Foxmind. Trademark 6183005. You cannot use the words "Pop It" together anywhere in your title or listing, or have those two words together in any photos.

Their VERO takedown is correct. Nothing you can do to appeal it. You need to come up with new titles and descriptions, and they should not have the words "pop it" show up together ANYWHERE.

The blatant abuse of the system seems to be coming from you by using someone else's IP to sell your product.

2015-nuzl · ‎07-15-2021

"Pop it" is Vero

itemplanetuk · ‎07-27-2021

The same thing happened to me just a couple days ago and I'm so confused and shocked. "Pop it Push Bubble Sensory Fidget Toy" has been removed under Vero program and reported by Foxmind that I have used their brand, when it was listed as Unbranded!

Today another listing has been removed under Vero "Fidget Toys Wacky tracks Magnetic Rings Squishy Cats etc." which was reported by FIN-Gears Limited Liability Company for violating their design rights!

All of the pictures and description were made by my self.

I am sure all these toys are available to public. There are thousands of sellers on eBay and not only eBay, but all over the world selling the same products due to its popularity with thousands of sold items in selling history. Some of them sold as Unbranded, some of them make their own brands by designing their own packaging.

These toys are sold in offline shops too and called Pop It or Fidget Toys because they are called Pop it or Fidget.

This is not a Teddy bear or building block, it's Fidget Toy!

I follow a few sellers for a long time who sell 20 to 100 items a day of the same item under exactly the same title and listed as unbranded!!!

Can anyone explain what the he'll is going on? Why my listing were removed, but all others continue to sell and have thousands of sold items? Why?

eBay is a fair marketplace? I don't think so.

I would love to hear the answer from anybody who sell these products without problems.

fashunu4eeuh · ‎07-27-2021

“Can anyone explain what the he'll is going on? Why my listing were removed, but all others continue to sell and have thousands of sold items? Why?”

Essentially, because yours were caught and theirs were not. Or they may have permission to use the intellectual property from the rights holder.