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What's up with 3rd party proxy claims on the brand's own merchandise?

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.  

Message 1 of 21
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20 REPLIES 20

Re: What's up with 3rd party proxy claims on the brand's own merchandise?


@skeletonstore wrote:

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.


Pretty much spot on I think.

 

Message 16 of 21
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Re: What's up with 3rd party proxy claims on the brand's own merchandise?


@skeletonstore wrote:

They know it would cost thousands of dollars in legal fees just to fight for my rights.


And they know it would cost them thousands to actually take you to court.

 

IMHO no lawyer is going to take your case (pro-bono or not) because those firms have lawyers who carefully draft those messages to you to sound intimidating without breaking the law.

 

Your amateur analysis of the legality of their communication may not be as sound as you think.

 

Message 17 of 21
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Re: What's up with 3rd party proxy claims on the brand's own merchandise?

I don't know about that,  I think the penalty for filing a false trademark infringement claim is nothing compared to just messing with people for no good reason.  I re-read the complaint and like I said a filter was used.  They're flagging certain descriptive terms as not being associated with the product.  Their names blank,  no one is looking them up.  They have broad use of a single word followed by a number.  Search engines might use those numbers but customers don't and it's not like what I have is in high demand.  I purchased the items for another use. Size 5 female foot is rare.  I've had them listed for years in all sorts of manner but never had much attention save for likes.  In fact now that I think of it,  the company doesn't even make these anymore. Not one listed on Ebay,  not one sold in the past however many days.  They're actually rare. Maybe i have a pokemon on my hand for women who wear size extra lollypop kids shoes?  

Message 18 of 21
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Re: What's up with 3rd party proxy claims on the brand's own merchandise?

Company instructed red point to withdraw their claim. Said the listing would be restored?  So I can just relist?   I can add the correct product identifier but add my own over the top colorful description. Wanna make a bet someone will have a problem with that?  

Message 19 of 21
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Re: What's up with 3rd party proxy claims on the brand's own merchandise?

Companies can and do trademark terms, "Onesies" for example is a trademark term by Gerber.

Message 20 of 21
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Re: What's up with 3rd party proxy claims on the brand's own merchandise?

Their claim was the absence of product identifiers,  albeit defunct ones.  I used the trademark name but they did not recognize the rest of the title because it was designed to draw people in via the back door.  Hell that's how you sell.  I have 0 competition.  I can't piggy back lowest price and it's been that way for a long long time.  

Message 21 of 21
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