Verified Rights Owner (VeRO) policy

[yesbestvalue]

I repeatedly have listings removed for items I have legally purchased and am reselling.  I buy various items at a lower cost and then resell them at a slightly higher price.  This is how I am attempting to make money.

I have the right to resell items I have legally purchased on the "First Sale Doctrine," but I'll have a listing removed from time to time, still claiming "Copyright infringement." 

It does no good contacting vero@ebay.com or the email that made the false claim against my listing.  I just get a canned response with no accurate information.  

My listing is just removed, and I am threatened about my account being closed if I relist.

Can we, as sellers, take no legal action in defense of our right to resell?  Does eBay not defend the sellers? 

Is eBay just a lost cause?

[bonjourami]

Owners have the right to protect their intellectual property,by not having sellers to infringe upon those rights by reselling their items..

[yesbestvalue]

Nope, wrong "First Sale Doctrine"  If I legally purchase an item, I can resell it.

The first sale doctrine states that a copyright owner cannot prevent someone who has lawfully purchased a copyrighted work, such as a book, from selling, loaning, or giving that item to someone else. This allows the distribution of copyrighted materials beyond the initial sale by the copyright owner.

https://www.bonalaw.com/insights/legal-resources/first-sale-doctrine-in-trademark-and-copyright-law#....

I am sure if you have not, someone in your family has, a car was purchased and at some time that car was resold.  Are you telling me you illeagly sold a car you once owned?

If the "First Sale Doctrine" did not exist there would be no reselling websites such as eBay, they would cease to exist. 

Reselling is what websites such as eBay was built on.

[rfmtm]

Do not relist until the VeRO member lifts the complaint.

If a VeRO take down you can fight it, as you have a legal right to resell an authentic legally obtained item as long as you don't otherwise infringe on the owner's rights, or have a contract with the company agreeing not to. Companies can not legally have ebay remove an item just because the don't want you selling it on ebay. Unfortunately some abuse VeRO and do it anyway.

First contact the VeRO member, give them the facts supporting your authentic legally obtained item. Telling them you want to work this out before going to your attorney. If no answer or an unsatisfactory one, the easiest thing to do first is have your attorney send them a letter, making sure to copy ebay's legal department. This alone often has an abuser back down.

However, if they don't back down and it is clear abuse you have the right, for a reasonable fee, to file in your local federal court, making them come to you. Plus in federal court the loser pays the winner's costs and up to trebled damages. This step even more often backs the abuser down.

Many have done this and won, even without an attorney, and once eBay's legal department is notified of the outcome, they leave you alone. Still, hardly worth it unless you have damages and it is affecting your ongoing business.

If this is a common item that appears many are having taken down, then you may be able to find a public advocate group with legal resources to take on your case in the public's interest. Once a group like this files on your behalf, almost all abusers settle out of court, often with a payment to make it go away.

You also could file a counter notice, and while this is only legally recognized for copyright, ebay treats it differently and will require the rights holder to show he has started legal action against you for the infringement, or will otherwise let you relist the item.

Obviously the VeRO abuser counts on you not knowing what to do, or that it isn't worth the trouble, so gets away with it. An honest VeRO member will respond with the reason for the take down and if just something in the listing, let you correct it.

Unfortunately letting VeRO strikes go unchallenged stay on your ebay record, and you risk permanent suspension. So sometimes it is just easier to avoid listing certain items on ebay.

[m60driver]

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@yesbestvalue wrote:

Can we, as sellers, take no legal action in defense of our right to resell?  Does eBay not defend the sellers? 

Is eBay just a lost cause?

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It is a lost cause.  Corporations like Chanel have argued in court, and prevailed, that only they can provide the right experience for buyers and that resellers will harm their "brand" by not providing the same experience.  The first sale doctrine has, in effect, been voided by corporate America and certainly Ebay has no desire to engage in such legal challenges.

Under no circumstance relist the items that have been removed.  Learn to avoid the categories where the removal for VERO nonsense occurs such as very high margin categories like womens "beauty" products.  There are some videos on YouTube which highlight other brands that are very protective, such as Otterbox.

[ckimodog]

@yesbestvalue 

Sorry for your situation.  What you can try to do to perhaps get more clarification is to reach out on social media via Facebook:

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

These are US CS agents who work for Ebay and may better serve you with the best advice.  Many posts here in their ability to be helpful. 

I would give it a try, but as others here have advised DO NOT relist those items as it could jeopardize your account permanently.  Give the agents the same info you posted here and hopefully a positive outcome for you.

Good luck to you. 

[fab_finds4u]

You might think you have the right to resell anything you purchase but sometimes you might be buying a fake item. Some scammers buy real and return fake and it gets put back on the shelf. 

[stainlessenginecovers]

1st Sale Doc does NOT apply to 'new' items- which you are buying to resell. 

1st Sale Doc was written before the Internet

1st Sale Doc was NOT intended for those to advertise and sell on a publicly accessible website; especially one known for fake/illegal things being listed/sold. 

Therefore, this site has the right to say what can be listed and what cannot. 

[toysaver]

I have the right to resell items I have legally purchased on the "First Sale Doctrine," but I'll have a listing removed from time to time, still claiming "Copyright infringement." 

You do not have the right to sell counterfeit goods.  Must VERO take downs are for counterfeit goods.   It's usually a tiny font on the packaging or other item the untrained eye can easily miss.  Luxury goods expensive are more prone to be counterfeited.   If you have an item you think may be in question (you bought a Gucci scarf at the Goodwill for 3 bucks) google the item and the word counterfeit and you should be directed to pages that will help determine if you have the real McCoy.  

[yesbestvalue]

Thank you for your intelligent answer; I understand your words and appreciate the reply.

I am just frustrated with the matter.  I understand why VeRO was written; they had good intentions.  It was to guarantee the validity of the product.

It is just now that it is being abused, and the small reseller is taking the fall for this.  I am building a business using Retail arbitrage.

"What is retail arbitrage? Arbitrage is the practice of taking advantage of a price difference between two or more markets"

I spend time searching for products, researching, and listing on sites such as eBay, and I get angry when my listing is removed because it is being accused of being counterfeit when it is not; it is genuine.

How can the small seller build his business when they constantly have to deal with these accusations and have the listing removed? 

What is even more frustrating is when one of my listings gets removed, then I search on eBay, and I find hundreds of the same item being listed and sold.

Small sellers like us should band together on this.  I am sure I am not the first one displaying my anger about the abuse of the VeRO program.  We need to find a solution, and write our senators/congressmen something.

[stainlessenginecovers]

If you are NOT buying XX from one of XX 'approved' distributors- then it's fake, or could be and you doing retail arbitrage has nothing to do with XX and XX does not

a.) care

b.) want you to do that

c.) will stop you using any means

So, you simply have to choose products that will NOT go after resellers. 

Just think if you made a product and copyright it; and you want to make sure that only YOUR product is out there. How would you do that? 

[m60driver]

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@toysaver wrote:

I have the right to resell items I have legally purchased on the "First Sale Doctrine," but I'll have a listing removed from time to time, still claiming "Copyright infringement." 

You do not have the right to sell counterfeit goods.  Must VERO take downs are for counterfeit goods.   

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I have had, on the rare occasion, items removed that were clearly not counterfeit as have many, many others.

[rfmtm]

Note that of course ebay can do what they want on their site, but a VeRO take down is between you and the VeRO member and ebay will abide by the outcome.   However, another problem to watch out for that is not a VeRO take down, but just ebay removing your items.  Ebay appears to be doing more and more of this sort of thing against sellers of various products without giving them any recourse whatsoever to appeal it. The best you could do is have your attorney send a letter to ebay's legal department, but hardly worth it for a single item.

Obviously ebay is trying to protect against counterfeits, but at times seems to not be applying the take downs fairly to all sellers. I suspect if this practice continues to escalate, some public advocate or news group is going to call them out on it.

[maxine*j]

The First Sale Doctrine protects your right to sell something you bought for your personal use and now lo longer want, for one reason or another.  It does not give you the right to buy brand new things for the express purpose of reselling them, which is what you are doing.   The VeRO take-downs are legit.

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[rfmtm]

Yes, a very few big guys have gotten away with this absurd Dunkin' Donut defense, but the others are still open to action if they have otherwise abused the law.  Still you are right, some brands are not worth fighting against.  So your battles have to be carefully picked.