Vero violation question?

[liawrig.nq8rdwqa3]

Received the following from Ebay:

Hello liawrig.nq8rdwqa3,
Your account has been restricted because activity on it didn't follow our VeRO Unauthorized Listing Policy. Copying pictures, text, or other copyrighted materials without the rights owner’s permission, is not allowed. ...

What you need to do next

You should always create your own content for use in your listing. If you use content from another source, you need to have their permission to use their content before creating a listing.

What is the policy

- Your listing was reported by MyPillow, Inc. for using their copyrighted materials without their permission. eBay’s Verified Rights Owner (VeRO) program 

Because you haven't followed this policy in the past:
 - Listings that don't follow this policy have been ended.  (which ones besides MyPillow)
- A temporary 3-day selling restriction has been placed on your account (starting on the date of this notice), and your other listings will be hidden from search during this period. 

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Are they saying YOU a potential buyer cannot see my listings for 3 days (6/8)? Or just that they removed that one listing?

[nobody*s_perfect]

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@postingid7659 wrote:
So wait, you can't use a manufacturer's stock photos and text to describe the new item you have up for sale?

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No, you can't.  You seem to not understand what a "stock" photo is.  There is still a copyright automatically attached to that photo and you must still receive permission to use it.

[vcbjtk0]

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@pburn wrote:

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@liawrig.nq8rdwqa3 wrote:

Because you haven't followed this policy in the past:
 - Listings that don't follow this policy have been ended.  (which ones besides MyPillow)

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Which ones besides MyPillow? The answer is right there: "Listings that don't follow this policy . . . "

So, apparently this wasn't your first warning? You've been warned by eBay about this before? You've got one foot on a banana peel, as they say.

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I would assume this answer to be correct because I've had Vero violations in the past but they never restricted my account, the other possibility here is that ebay found several or numerous vero violations and this seller simply didn't have time to react before the account was restricted...

This however is as you say a precarious situation, if I were the seller I would want to find out in the quicktime what caused the violation so as to ensure no other present listings are in violation as it could result in further punitive action and when an account is already on a 3-day suspension this could easily snowball into a disaster.

In order to prevent that disaster from happening I am going to recommend to the OP following the instructions in the Vero violation which usually involves contacting the reporting party (in this case MyPillow), the instructions on what to do and how should be all in the original Vero violation message received from ebay.

[bar-29368]

Actually VERO 'should' only protect copyright not trademarks as it's ebay's answer to being compliant with the DMCA.

[nobody*s_perfect]

eBay has apparently gone beyond the minimum requirements, since their policy page specifically mentions trademark-related infringements.

https://pages.ebay.com/seller-center/listing-and-marketing/verified-rights-owner-program.html#what-i...

[bar-29368]

Why am I not surprised?

[mam98031]

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@liawrig.nq8rdwqa3 wrote:

Everyone -- I did a search of My Pillow Small Dog Bed, and there are about 4-5 up.  They don't use the stock photos and they describe it in their words.  But IT'S STILL MY PILLOW.  So what way are we to list MY Pillow dog beds?  There have been several sold in May.  What are those sellers doing that I'm not doing.

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@liawrig.nq8rdwqa3 

You are missing the point entirely.  Take a breath, clear your mind and then read the emails you got from Ebay more carefully.  They tell you what was wrong and why they took the action they did against you.  

You used pics that did NOT belong to you nor did you have any legal right to use.  You may have had stuff in your listing as well that you copy and pasted in from My Pillow.  Whatever it is that was not created by you was what you did wrong.  You do not have the right to use My Pillow's pics or adverting on your listings.

You are doing the same thing on at least one of you other listing for a Purse / wallet.  I brought that to your attention in an earlier post.  

If you didn't take the pic of a brand named item, DON'T USE IT in your listing unless you have written permission from the owner brand to use the pic.  It isn't complicated.  It is a simple rule.