eBay

skeletonstore · ‎03-24-2023

Just had a listing removed by ebay after a 3rd party company made a trademark claim . They claimed I was misusing a brand name when I got the merchandise directly from the parent company. They don't even know who they represent. What does ebay do about such things besides pass the buck? They want me to file a counter notice. I want to sue them for making a false claim. Let me guess ebay the land of shadow banning won't allow me to relist.

rfmtm · ‎03-24-2023

Do not relist until the matter is resolved.

Did you get a VeRO notice or was it an ebay policy take down?

What type of item was it?

slippinjimmy · ‎03-24-2023

@skeletonstore wrote:
Just had a listing removed by ebay after a 3rd party company made a trademark claim . They claimed I was misusing a brand name when I got the merchandise directly from the parent company. They don't even know who they represent. What does ebay do about such things besides pass the buck? They want me to file a counter notice. I want to sue them for making a false claim. Let me guess ebay the land of shadow banning won't allow me to relist.

eBay can't do ANYTHING, they are required BY LAW (Digital Millennium Copyright Act) to remove any item for which they receive a NOCI (Notice Of Copyright Infringement).

Filing a counter notice is the correct advice, only YOU can do that.

eBay won't likely block you from relisting the item but unless you have gone through the process and the complainant has agreed and informed eBay that they have withdrawn the claim you will probably be in the same situation, one difference, if you relist an item that has been pulled the next stop is a temporary restriction (3 - 7 - 30 days) or perhaps they will go straight to a permanent suspension.

Paranoia strikes deep
Into your life it will creep

skeletonstore · ‎03-24-2023

It was a vero notice. Clothing that I purchased wholesale years ago from the parent company not from a 3rd party malicious lawyer sending threats from his mom's basement.

skeletonstore · ‎03-24-2023

Actualyl ebay has violated my rights several times before by not allowing me to file a counternotice. This is the very first time I've seen one. This appears to be malicious, abusive and while they responded quickly they have not retracted their client's claim. These agencies are fairly new and act outside the law like collection agencies. The manufacter doesn't like my pricing. Think it hurts them. Maybe I should sue them since no one wants their junk wholesale.

skeletonstore · ‎03-24-2023

After a little fishing it would appear the company attacking sellers is just that, a 3rd party attack dog abusing the system. They appear to not even properly investigate but use a broad filter to auto flag content. Had I been talking to a lawyer they would have resolved the matter by now. RED POINT is the company and they violate the law regularly. You can't just make a false claim accusing them of a felony.

postcardcountry · ‎03-24-2023

The name of the company is Red Points. They are hired by companies to seek out those who infringe on a company's copyright or trademark. Not every company chooses to do that 'in-house' so they hire this company to do it for them.

For a business to use them "you’ll need to provide relevant documentation such as trademarks, patents or copyright."

They are a necessary evil because so many feel free to abuse a trade mark or a copyright. Sometimes they go after the little guy in an effort to find the source of the fakes. (like the TV shows where the drug user is arrested when all the cops want is the dealer).

skeletonstore · ‎03-24-2023

They're abusive. They use bots and should be outlawed.

albertabrightalberta · ‎03-24-2023

@skeletonstore wrote:
Actualyl ebay has violated my rights several times before by not allowing me to file a counternotice. This is the very first time I've seen one. This appears to be malicious, abusive and while they responded quickly they have not retracted their client's claim. These agencies are fairly new and act outside the law like collection agencies. The manufacter doesn't like my pricing. Think it hurts them. Maybe I should sue them since no one wants their junk wholesale.

It's not that ebay isn't allowing you to file a counternotice. They have nothing to do with it.

You have to contact the company to file the counternotice. The contact information is at the bottom of the removal notice you received.

albertabrightalberta
Volunteer Community Mentor

I can explain it to you but I can’t understand it for you.

rfmtm · ‎03-25-2023

@albertabrightalberta Do you know if the counter notice still goes through ebay, who then submits it to the VeRO member as it did in the past, or whether it now needs to go directly to the member with a copy to ebay?

skeletonstore · ‎04-02-2023

A week later no response after providing proof I ordered the items directly from the manufacturer. You see this is a game. They know it would cost thousands of dollars in legal fees just to fight for my rights. They've falsely accused me of trademark infringement and a FELONY by suggesting I am selling counterfeit merchandise. Who knows maybe I can find a lawyer who will go after them pro bono. They don't have a case and can't cry ignorant.

albertabrightalberta · ‎04-02-2023

@rfmtm wrote:
@albertabrightalberta Do you know if the counter notice still goes through ebay, who then submits it to the VeRO member as it did in the past, or whether it now needs to go directly to the member with a copy to ebay?

The counternotice goes directly to the VeRO representative. If they agree that the takedown was in error, they contact ebay.

albertabrightalberta
Volunteer Community Mentor

I can explain it to you but I can’t understand it for you.

albertabrightalberta · ‎04-02-2023

@skeletonstore wrote:
A week later no response after providing proof I ordered the items directly from the manufacturer. You see this is a game. They know it would cost thousands of dollars in legal fees just to fight for my rights. They've falsely accused me of trademark infringement and a FELONY by suggesting I am selling counterfeit merchandise. Who knows maybe I can find a lawyer who will go after them pro bono. They don't have a case and can't cry ignorant.

They are a limited time in which they are required to respond to your counter notice or you are allowed to relist your item(s). (How ebay will handle it is unknown if they report again.)

https://www.dmlp.org/legal-guide/responding-dmca-takedown-notice-targeting-your-content

Pertinent portions of the law. (References to "your service provider" mean ebay.)

However, the DMCA notice-and-takedown procedures provide you with protection from a wrongful claim of copyright infringement.
There is no specific time limit for submitting a counter-notice, but you should not delay unreasonably in doing so.
If you send a counter-notice, your online service provider is required to replace the disputed content unless the complaining party sues you within fourteen business days of your sending the counter-notice.
(Your service provider may replace the disputed material after ten business days if the complaining party has not filed a lawsuit, but it is required to replace it within fourteen business days.)

albertabrightalberta
Volunteer Community Mentor

I can explain it to you but I can’t understand it for you.

rfmtm · ‎04-02-2023

Wish ebay would update their information then, as it last said to send the counter notice to ebay who would then send it to the VeRO member. No wonder everyone is confused as to how this is suppose to work.