What is a VERO violation

[goldrushfinds]

I sold a used Men's Polo Ralph Lauren Harrington Bomber Jacket and Ebay sent me a message stating that the listing was removed (already sold) due to a VERO violation. It was what I said it was and it was used. How is this a violation.

[wastingtime101]

VeRO Policy 

VeRO Program Info

I found your cached listing through Google. You used all your own photos, did not have a description outside of the item condition and you didn't ship internationally. I don't know why the takedown would have occurred, but VeRO takedowns often don't make sense.

Did the e-mail say exactly what the problem was like counterfeit or trademark infringement?

[goldrushfinds]

The said "using a trademark owners logo without their permission is prohibited". That would mean almost everyone of my listings (and most others on Ebay) is in violation.

[fab_finds4u]

The rights owner Ralph Lauren had it removed because they think it's not authentic. 

[wastingtime101]

Your first step should be to reach out to the rights owner at the e-mail address that eBay provided at the bottom of the takedown notice. Ask the rights owner to retract their report. If the rights owner doesn't respond within a week, file a counter notice.

[luckythewinner]

what is a VERO violation

VERO is a system that eBay set up in response to the Digital Millennium Copyright Act of 2008 (DMCA).

The DMCA says that a website (eBay) is not liable for intellectual property violations created by its users (sellers) provided that the website promptly removes the alleged infringing content (eBay listing) when a intellectual property owner (Polo/Ralph Lauren) files a Notice Of Claimed Infringement (VERO notice). 

So when Polo/Ralph Lauren filed a VERO notice with eBay claiming that your listing infringed their intellectual property, eBay removed the listing to protect eBay from being sued by Polo/Ralph Lauren. 

The DMCA makes it clear that it is not eBay's job to determine whether the VERO notice was accurate or whether the listing actually infringed anything.

[goldrushfinds]

Thanks for the definition. It just really seems unfair to the seller. I absolutely believe my listing was an authentic item and I have little means to prove it beyond any possible doubt. Kind of puts a stain on a seller, when maybe they are in the right. Assumed guilty without proof. 

[violetsvanity]

Does it say what the trademark infringed was? I think it might be for the word “Harrington.” I just had multiple jackets pulled for using this term. The message said the person filing was the holder of the Harrington products which is weird to me because I thought Harrington was a style?? 

[goldrushfinds]

Yes, that is the conclusion I came to and had verified by Ebay. I looked up the company G. & G. and it is an Italian company which makes a jacket under the name Harrington. I called and asked Ebay why my was pulled when there are 993 current listings using that style name in their Polo Ralph Lauren listing. They told me that they must have gotten approval from the Italian company, which I told then was hogwash. Ebay said they must have gotten the approval to sell their Harrington jacket. I told them how could they get approval for an item which is not theirs, but rather is a Polo Ralph Lauren product. The Italian company should just go sue Polo Ralph Lauren if they have a problem with it.

[lostweekendshop]

Sounds like they're coming after this one out of nowhere. I too had a couple of Harrington jackets removed earlier this morning. 

I did some digging around and found that the contact provided in the Vero violation email is connected to the brand Baracuta. They were the originators of the style and I guess somehow have a claim to the name, even though it's very much a style of jacket that has been used (and is used) by numerous reputable brands other than Baracuta. 

I'm pretty annoyed for a few reasons:

1) It's a style of jacket. If we were using the Baracuta name for a jacket from a different company, that would be one thing. But Harrington is literally a style of jacket. 

2) My account is in good standing, so I didn't get hit with any sort of listing restrictions. But it's definitely affected my store. Five or six sales a day is a junky day for me, and I've had just one sale since the Vero takedown early this morning.

[goldrushfinds]

Same here. When I spoke to Ebay this evening they now told me my account was not restricted/dinged due to the vero. I also asked them why it was a violation to list a style name of a product and how in the h_ll would I know in the future if a style name is a trademark of another clothing company. I can't see how Baracuta has sole rights to the term Harrington, when Polo Ralph Lauren has used that style name for 20+ years. Ebay, let these 2 companies fight it out and leave us out of it. If our listing title was "Harrington Jacket", I could see the problem, but when it is "Polo Ralph Lauren Harrington Jacket" I don't see the issue.

[goldrushfinds]

And when you do a search on Amazon.....................

1-48 of 238 "Men's Harrington Jacket"

[southernfriedbelle]

So sorry this happened to you!  If it's any consolation, I don't think it can "put a stain" on you as a seller. Who besides you would have even known you'd received a take down notice if you hadn't posted anything about it?

I understand it feels like a slap in the face, especially when you didn't intentionally do anything wrong, and what they are asserting seems like an unfair and unfounded accusation.

 In this instance, eBay is being directed by VeRo which is an external entity. Basically, in this scenario, eBay is simply the messenger,  relaying to you VeRo's decision, and eBay's subsequent obligatory compliance with that decision.

You sold the item, so the entire issue is moot, except for the fact it bothers you. Personally, I wouldn't let it rent space in my head for five more seconds. Try to view it as an experience you can learn from and use to stay under the radar in the future. 

[luckysmitherini2012]

Was not Ralph Lauren. I got one too.

- Your listing was reported by G. & G. S.r.l. dba WP Lavori for using their brand name inappropriately. eBay’s Verified Rights Owner (VeRO) program offers intellectual property owner(s) a way to report listings that they believe infringe on their rights
- Brand names cannot be used in listings if the product isn’t manufactured by, or compatible with, that brand. You may use "compatible with", "fits", or "for" before a brand name, if the item described is specifically designed to be compatible with the products of that brand
-- Using a trademark owner's logos without permission is not allowed.
- If you believe a mistake has been made, you will need to contact the rights owner directly. If the rights owner approves your appeal, please have them contact us directly to reinstate your listing(s)

You can send an email to:
wplavori.ipr@ybrandprotection.com

G. & G. S.r.l. is the title holder of the HARRINGTON products.We may be contacted at wplavori.ipr@ybrandprotection.comTruthfully,Corsearch Brand Protection on behalf of WP Lavori in Corso

[susanb1872]

" how in the h_ll would I know in the future if a style name is a trademark of another clothing company. "

I agree with this-you don't always know. When my daughter outgrew her baby clothes, I decided to sell some of her "onesies" that she never used (OK--not in the price range of your Ralph Lauren jacket). I advertised them as "onesies" and then got the nasty-gram from ebay saying Gerber owned the name and got the listing removed. I was selling another generic version and didn't know because all mom's call them "onesies".