Why is my item being removed for violating the counterfeit policy?

[amouraone]

I have a couple boxes of earbuds I'd like to sell but every time I list them, eBay removes my listing and sends me the following message:

Your listing didn't follow our Counterfeit item policy. We don't allow counterfeit items, replicas, or unauthorized copies.

The earbuds are TWS i12, which are a generic version of Apple's Airpods. I'm not sure why my listings are being removed for violating the policy when I see many other listings for the same earbuds, many being sold daily and my listing does not state anything about Apple, Airpods or anything remotely close to it.

Any ideas why they are doing this?

[she-sells]

Cause the BIG boys have lawyers in eBay's face.  They don't want anyone selling their product  no matter if legit or not.   Easier for ebay to KABOSH a little guy like you than pay huge fines or lawsuits

[amouraone]

I'm just not understanding why other users are selling the same item I'm trying to sell but mine are being removed. Mine has been removed twice. Like I said, it states nothing about Apple products. It's a generic version. Searching the item, I see 4 listed on the first page alone and at least 7 sold in the last week.

[dryophelia]

@amouraone 

The other listings just haven’t been reported yet. 

You risk losing your eBay selling privileges permanently if you relist.

[nocoolnamejane]

Even generic versions of things need the approval of the original designer to be sold.

Generics of medications pay a licensing or royalty fee to the original manufacturer.

TWS i12 are exact copies of Apple Airbuds sold on Ali express and such and often passed on as genuine once they hit the European and North American markets, that is why your items are being pulled. They are not generic non descript bluetooth earbuds, they ARE copies.

[luckythewinner]

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@amouraone wrote:

I have a couple boxes of earbuds I'd like to sell but every time I list them, eBay removes my listing and sends me the following message:

Your listing didn't follow our Counterfeit item policy. We don't allow counterfeit items, replicas, or unauthorized copies.

The earbuds are TWS i12, which are a generic version of Apple's Airpods. I'm not sure why my listings are being removed for violating the policy when I see many other listings for the same earbuds, many being sold daily and my listing does not state anything about Apple, Airpods or anything remotely close to it.

Any ideas why they are doing this?

---

Those notices generally come because of an issue with either (a) the listing, or (b) the item itself. Without seeing the actual listing, we cannot really address that side of it. 

But from a quick Google, it looks like the TWS i12 is a Chinese-made knockoff of Apple's AirPods.

I would guess that the TWS i12 itself violates one of more of Apple's trademarks or patents. Just like a company logo or a brand name, the design of an item (such as the TWS i12 case that is eerily similar to Apple's) may be protected as a trademark.

Here is an article that discusses the 12 design patents that Apple recently won regarding the design of the AirPods case:

https://www.patentlyapple.com/patently-apple/2020/08/apple-wins-12-design-patents-for-airpods-pro-ca...

[luckythewinner]

I'm just not understanding why other users are selling the same item I'm trying to sell but mine are being removed.

Enforcement of intellectual property rights - especially on eBay - is rarely comprehensive or timely.

For the time that your listing was active, perhaps other sellers were looking at yours wondering why yours had not been taken down.

 Mine has been removed twice.

Then I would guess you are in danger of being suspended from selling completely , not just having your listing taken down.

 Like I said, it states nothing about Apple products. It's a generic version.

An item does not have to say Apple or AirPods to violate a patent or trademark.

[mcc1775]

Because unless they are earbuds brand name, they aren't earbuds, they are in ear speakers or something like that