01-19-2019 10:21 AM
I believe the rights owner is wrongly and intentionally claiming items are counterfeit, when they know full well they are not. I have attempted to resolve this by emailing both the owner and ebay VeRO staff member and as of yet have no resolution. Does anyone have insight they can provide on this subject?
01-19-2019 10:25 AM
What was the item
01-19-2019 10:28 AM
The Verified Rights Owner (VeRO) program allows owners of intellectual property (IP) rights and their authorized representatives to report eBay listings that may infringe on those rights.
Examples of infringements
01-19-2019 10:29 AM
Any chance it was a handbag?
01-19-2019 10:46 AM
123586251460 - Dermalactives Thermal X Face Lift Treatment
01-19-2019 10:48 AM
Yes, I've read everything ebay has written on this subject. This is part of the message they sent me that is of concern: Your listing or product was removed after the rights owner reported it as counterfeit. We urge you to contact the rights owner directly for more information about why they requested the removal of your listing or product and whether you can sell the item.
01-19-2019 10:51 AM
If the item was removed, I do not think that the item would help - if you could post a picture of it that would be better. However, if the Vero Rights Owner had it removed, perhaps they do not want their product sold on eBay. There are some companies that do not want their product(s) sold here (or any place else) other than the Owner selling it on their own. Not saying it is right, but that could be the reason why the item was removed.
01-19-2019 10:51 AM
As long as the item is authentic, and you can prove it, google "tabberone." Without quotation marks.
VeRO was invented by ebay to cover ebay's behind and no one in that department will assist you until you have a letter/email/authorization of some type from the rights owner that you may sell the item.
Again, tabberone is your friend.
01-19-2019 10:54 AM
When you emailed the company, did you tell them where you bought it? Do you have a receipt that you can show them?
01-19-2019 10:56 AM
They sure don't mind it being sold everywhere else. Google it.
01-19-2019 11:03 AM - edited 01-19-2019 11:05 AM
@sanclementelocals wrote:123586251460 - Dermalactives Thermal X Face Lift Treatment
You might want to read this carefully: https://dermalactives.com/terms-conditions/
If by chance you have the receipt from an Authorized retailer that you bought it from, then send a picture of it to them.
01-19-2019 11:09 AM
Yep, I did - just got back from looking on google. The Terms & Conditions were interesting too
01-19-2019 11:09 AM
@a*river*runs*through*it wrote:
@sanclementelocals wrote:123586251460 - Dermalactives Thermal X Face Lift Treatment
You might want to read this carefully: https://dermalactives.com/terms-conditions/
If by chance you have the receipt from an Authorized retailer that you bought it from, then send a picture of it to them.
From that link: Section 8.2: We only supply Products (including any free samples provided with your order) for domestic and private use. You agree not to use the Products for any commercial, business or re-sale purposes,
Not sure if that would apply if you bought it from another retailer.
01-19-2019 11:49 AM - edited 01-19-2019 11:51 AM
@sanclementelocals wrote:I believe the rights owner is wrongly and intentionally claiming items are counterfeit, when they know full well they are not. I have attempted to resolve this by emailing both the owner and ebay VeRO staff member and as of yet have no resolution. Does anyone have insight they can provide on this subject?
eBay has no obligation - and certainly no incentive - to intervene and contradict a VERO report.
VERO is program eBay set up in order to comply with 2008 Digitial Millennium Copyright Act and receive "safe harbor" from any liability that arises from intellectual property violations by an eBay seller.
In order to comply with the DMCA, eBay must remove any allegedly infringing content that is reported by an IP rights holder through a Notice of Claimed Infringement (NOCI).
Congress wisely recognized that a website like eBay cannot possibly be an expert in the intellectual property status of every single item in the billions of lsitings on the site. Instead, they made it very clear that it is up to the seller and the IP rights holder to hash it out.
Are there VERO members who abuse the system to proect their market and discourage comeptition? Absolutely. Is eBay going to do anything about it? Unlikely, since getting it wrong would simply increase their liability exposure.
If you feel that a listing was taken down incorrectly, you can file a Counter-Notice to the NOCI and basically dare the rights holder to begin legal proceedings against you (just be sure you are right). If they do not, eBay is free to restore the infringing content ... but they may not. Because remember, the user agreement you signed with eBay says that eBay reserves the right to deny any or all of its service to any seller for any reason (or for no reason at all).
01-19-2019 01:10 PM - edited 01-19-2019 01:12 PM
I had the same problem with many Moncler items, I emailed them the receipts (from the Moncler store) my credit card statements which matched the amounts on the receipts. I showed them pictures of the certilogo numbers (pre 2014 items) with the receipt have the matching numbers that corresponded with the tags. No reply...
I emailed eBay this same info, no reply. I relisted the items again since I knew it was rubbish on the account of the vero liaison only get to my account suspended for listing authentic items which came from the store. I now believe the Vero program is awful and untrustworthy.