Vero violation, so sick of eBay taking listings down when not at fault.

[the_watch_carnival]

Hi. I was reported for Vero violation but the thing is the picture is not even the same. They take listings down and restrict your account for 3 days. You can file an appeal but companies don't even respond or refer you to another dept within who handles this. You submit them the details which takes around 2-3 days making the lifting of restrictions pointless. As you go through this channels your 3 day restriction stands and you're losing money. How is this in any way fair when I am NOT at fault. From what I know brand names hire people in other countries who hire people to look for brand pictures.  I have attached both pics (2nd pic is mine) and clearly my band length is different and also the second hand is near 6 o'clock mark where brand has the hand at 7 o'clock mark. My quality is also not as great as their brand. Not to mention, these violations stay on your account. This is unacceptable. Anyone can suggest something here.

[donsdetour]

VERO is the rights owner of the item and photos.

eBay has to jump when they say jump.

Do not relist it or you will not be selling on eBay much longer.

The owner has the right to say a violation of their rights;

You can get legal advice and spend a lot of cash to fight em.... It is your right to do so; But be prepared to spend more than you can and have made to do so....

Oh and modifying a photo dont cut it with these folks when you are using it for selling (commercial) reasons...

Not artistic. Just saying.

[jda12121]

Why would you us a picture that is so obviously so close to theirs and would be construed as an effort to confuse buyers? You had to have done that on purpose. There is a difference between a VERO violation and a violation for unauthorized use of pictures. 

[maxine*j]

---

@pikabo-icu wrote:

---

@jda12121 wrote:

VERO means that certain companies do not allow unauthorized individuals to sell their items on the secondary market. If found, they will report you. Appears Diesel is one of those. You need to do some research. 

---

That applies if somebody is doing large quantity sales of new items as an unlicensed retailer.

First sale doctrine allows sales of used items or items that we have personally purchased.

https://www.businessjustice.com/first-sale-doctrine-in-trademark-and-copyright-law.html 

The first sale doctrine allows the resale of products that constitute or contain someone else’s intellectual property without the owner’s permission, as long as the person lawfully owns the product. The first sale doctrine is codified in U.S. copyright law, and court decisions have applied it to trademarks. It can serve as a defense to a copyright or trademark infringement lawsuit in certain situations.

---

Right.  But selling something as "Brand New..." etc., and in quantity belies the notion that these are just the OP's watches that he is selling off.  If they were listed as Used and the condition as Like New, or something along those lines, there would be no problem. 

Anyhow, the First Sale Doctrine (codified at 17 U.S.C. § 109) addresses the issue of copyright infringement, which is only one issue in a manufacturer giving a franchise to someone to sell his products as an authorizxed dealer.

=

[pikabo-icu]

---

@jda12121 wrote:

Why would you us a picture that is so obviously so close to theirs and would be construed as an effort to confuse buyers? You had to have done that on purpose. There is a difference between a VERO violation and a violation for unauthorized use of pictures. 

---

They can file VERO on the photos and/or description but first sale doctrine protects the right to sell as long as the seller has the item, in their possession, legally obtained. 

OP- I would change my photos, they are VERY similar.. /just sayin'  

[maxine*j]

---

@the_watch_carnival wrote:

You don't have to be an authorized dealer. You're allowed to sell on eBay. Their problem with me is they're saying I took their pictures and used it in my listing which I didn't. Meanwhile, I am losing money because I have zero sales.

---

Oh, okay.  But you surely still have sales on all the other watches you have listed, no?  It's just the Diesel watch that's an issue, right?  Anyhow, it would seem the fix is simple:  Take a photo that is decidedly different and use it.

=

[asset_liquidators]

That could be the issue of selling them as "new" (even if they are) but they have no grounds to stop you from selling them (except on ebay) as long as they are not fakes. You could just sell them on a different site or your own website and they cant make you stop selling them anywhere else.

[asset_liquidators]

So they are trying to take credit for YOUR work by claiming your artwork (photo) is theirs? That could get THEM into a world of hot water legally.

[48hrs-clothing]

It appears you are an innocent victim of intellectual property rights holder complaining to eBay that they do not recognise you as a seller and as eBay is facilitating this violation then they have to act otherwise they will be held liable.

IP owner is the brand who sells a licence for a fixed term to another business for a sum of money that allows them to market products in a region to their customer base which is controlled to ensure that prices and desirability remains high and their brand does not get devalued by being offered on platforms like eBay.

Authorised seller's ( Businesses buying from the licence holder) activity is closely monitored to ensure compliance of brands mission and any violation like selling to anyone other than a member of public can and does result in them loosing their distribution as they are not offered any more stock.

If original licence/ distributor chooses not to renew their arrangements or does not meet brands pre set sales targets then licence is offered to some one else and this is normally when fun and games start as new licence holder may have different strategy and easiest target are people like you who sell on platforms like eBay as your offers can be taken down immediately and by the time you send all evidence to the licence holder that you have bought these items legitimately therefore you have the right to sell them and either the new licence holder can buy these from you or you will take legal action to protect your investment and business. 

I am sure you are aware of this and I wanted to put this down in the hope that readers have a clear understanding of the issue and do not assume that you got busted because you were selling counterfeit/ fake items.

I assume you have sent your supply chain evidence by means of your purchase invoices, your bank statement showing payments to your supplier and retail agreements with this licence holder as this may help remove the defect only as I expect eBay to advise you to send this information to the IP rights owner/brands licence holder.

You have my sympathy and support and I sincerely hope that your issue is resolved sooner rather than later.

[asset_liquidators]

You bring up a valid point here. While the photo taken may be the OP's own 'artwork', it is very similar to the manufacturers 'artwork' which could be the ACTUAL problem here.

I agree that it would be best to take new photos that are decidedly different than the stock photos. Then if they claim infringement due to the photos you would have better grounds to stand on. 

[mr_lincoln]

@the_watch_carnival    eBay has removed several of my listings over the years and NONE were in violation of Policy.  The system does not work all the time and I suspect it is because computers monitor the site so there is no human expert taking a look at the listings.

I suggested they contact the Seller and talk about it FIRST before simply deleting the listing ... I mean in their own terms we are Business Partners right?  Nice way to treat a Partner and the great suggestion fell on deaf ears ...

[the_watch_carnival]

Nope, they block your account so none of your listings are visible for 72 hrs. And if this happens again than its 7 days ban. That is even more worrying for me cause what's them from doing this mistake again and ban me. I have already written to Fossil group who is owner of Diesel copyrights but of course its weekend so no response.

[the_watch_carnival]

No. I didn't do it on purpose. My other watches do not have. But that is not the point. Point is its not the same picture.

[the_watch_carnival]

Thanks. I already have but can't make changes for 3 days.

[the_watch_carnival]

That's awful and eBay customer service is so robotic. I hate these call centers being outsourced because a lot of times no matter what you explain them their responses are pretty similar

[donsdetour]

---

@the_watch_carnival wrote:

That's awful and eBay customer service is so robotic. I hate these call centers being outsourced because a lot of times no matter what you explain them their responses are pretty similar

---

They have a book that tells them what to say......