recreating a listing after a VeRO violation

[joenicks]

So I received a VeRO violation and listing was removed. The violation specifically stated I used copyrighted images without brand owners permission. Admittedly, with a quick google search I found some stock photos and used them in the listing. The photos didnt look professional enough to be from the brand owner so I thought I was good to go. In any case, the email says that I should only create listings using my own photos. It doesnt say I cant recreate the listing. It also states that I need to contact the brand owner to reinstate the listing which I dont care to do because I dont care for the pictures that were in VERO violation. I imagine contacting them probably wont be much help so I should be good to go to just recreate a new listing using my own iphone generated photos and my own product description. That way its a new listing whose photos and description was created by me so no VeRO violation moving forward.

My question is, does anyone have experience in just recreating the listing in a way that no longer violates VERO? Below is the VERO email if anyone wants to read further. I blocked out the brand owner name and listing:

Hello joenicks,

Your listing didn't follow our VeRO Unauthorized Listing Policy. Copying pictures, text, logos or other copyrighted materials without the rights owner’s permission, is not allowed

What activity didn't follow the policy

 More specific details are provided below.

What you need to do next

You should always create your own content for use in your listing. If you use content from another source, you need to have their permission to use their content before creating a listing.

What is the policy

- Your listing was reported by ____________ for using their copyrighted images without their permission. eBay’s Verified Rights Owner (VeRO) program offers intellectual property rights owner(s) a way to report listings that they believe infringe on their rights
- Using a copyright 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:

The rights owner has created a VeRO Participant Profile page that contains information to help you understand why removal of your listing was requested. For more information about the rights owner, please go to:

How this affects your account

- Listings that don't follow this policy have been ended.
- We have credited any associated fees except for any final value fee for your listing(s).
- Other than actions previously communicated to you in prior emails, no further actions are being placed on your account.

Why we have this policy

This policy helps to ensure that eBay users trust our marketplace, and comply with the law.

More information and help

VeRO Unauthorized Listing Policy

Listings that don't follow policy

We appreciate your understanding.

Thanks,
eBay

[iamalwaysright]

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@tobaccocardyahoo wrote:

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@joenicks wrote:

otterbox is the company.

Otterbox is extremely likely to act on any unauthorized sale of their product, any possible counterfeiting, and any IP rights violation. And they have enough experience to work VeRo

Creating a new listing with your own pictures, is likely to result in another VeRo complaint for some form of infringement.

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Is this from personal experience dealing with otterbox?

[mam98031]

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@tobaccocardyahoo wrote:

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@joenicks wrote:

otterbox is the company.

Otterbox is extremely likely to act on any unauthorized sale of their product, any possible counterfeiting, and any IP rights violation. And they have enough experience to work VeRo

Creating a new listing with your own pictures, is likely to result in another VeRo complaint for some form of infringement.

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That isn't correct from my experience with VERO violations.  Violations for Pics doesn't mean there is anything else wrong with the seller's listing because if there was, they wouldn't have chosen to file a lesser violation, they would have gone for the bigger violation.

[maxine*j]

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@mam98031 wrote:

IMHO In this day and age that is a bit harsh.  Even on Ebay using another seller's pics is not an offense they do anything about.  

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Not to be nit-picky, but that's because on eBay, as part of the User Agreement, you give the right to use your descriptions and photos to eBay and to other eBay members. 

However, you are not giving those rights to anyone else to use.  

It's sort of like giving first hardback publication rights to a book publisher.  That company can publish your book in hardback, and no other company can, but that's all it can do with the book.  You still own all the other rights, such as paperback book rights, movie rights, magazine serialization rights, etc. 

By the same token, no one has the right to just grab any photo he finds off-eBay and use it in an eBay listing.

eBay Policy

"What should I do if my image, video or text is being used by another seller?

"When you create listings you give eBay and its customers permission, through our User Agreement, to use your images, videos and product details. Your content may be added to the eBay product catalog, and may be used by other sellers in their eBay listings."

https://www.ebay.com/help/policies/listing-policies/images-text-policy?id=4240

[mam98031]

I'm aware, but thank you.  They did that so they could use any pic they wanted from the site in their Ebay Catalog.  

Out in the larger world on the internet, watermarking pics you don't want anyone else to use is important.  And marking them in a way that is very difficult to edit them out.  

I'm not supporting pirating pics, but stating how easy it is to do these days.

The pic I got a Vero violation on there was no way for the Vero owner to prove that was their pic.  It was simply the product on a white background.  No special markings, lighting, or anything else.  Simply the product on a white background.  The Vero owner simply told me it was close enough and that was good enough for them.  Ridiculous.  It was my pic, not theirs.

Rights to a book or article I see completely differently.  The authors are stated in such and that is exactly what owners of pics should do as I previously described.

[joenicks]

This is precisely what the ebay rep told me. I guess when a vero complaint is made the brand owners can choose from a mulitude of reasons as to why they are making the complaint. Im not too worried about it. I did send am email to otterbox and I will wait to hear from them but I do intend on relisting which is what the ebay rep advised. He also said if I dont hear back within 5 days to contact ebay. Not sure what they would do at that point.

[mam98031]

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@joenicks wrote:

This is precisely what the ebay rep told me. I guess when a vero complaint is made the brand owners can choose from a mulitude of reasons as to why they are making the complaint. Im not too worried about it. I did send am email to otterbox and I will wait to hear from them but I do intend on relisting which is what the ebay rep advised. He also said if I dont hear back within 5 days to contact ebay. Not sure what they would do at that point.

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@joenicks 

You can relist it anytime.  Just make sure you CHANGE the PICTURE.  Do NOT post it with the same pic.

[toomuchstuffagain35]

I can tell you right now that what you were told is total cow manure.

If you don't get a response you contact ebay and then THEY contact the Vero holder and if THEY don't get a response either you're SOL.

BTDT

[joenicks]

Just curious, in your situation did you relist with different photos without a problem?

[joenicks]

Oh absolutely. I have learned my leason.

[tobaccocardyahoo]

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@mam98031 wrote:

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@tobaccocardyahoo wrote:

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@joenicks wrote:

otterbox is the company.

Otterbox is extremely likely to act on any unauthorized sale of their product, any possible counterfeiting, and any IP rights violation. And they have enough experience to work VeRo

Creating a new listing with your own pictures, is likely to result in another VeRo complaint for some form of infringement.

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That isn't correct from my experience with VERO violations.  Violations for Pics doesn't mean there is anything else wrong with the seller's listing because if there was, they wouldn't have chosen to file a lesser violation, they would have gone for the bigger violation.

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The listing came down, that was their goal. The next time they will choose whatever is likely to help them meet their goal with the least effort.

They are well known for their brand protection efforts, on Ebay and every other marketplace. Maybe well known is an understatement - notorious might be closer to accurate.

Internet sellers who have survived while doing RA have them on the list of products to be avoided and have for quite a while.

[toomuchstuffagain35]

FWIW, Otterbox is one of the known to be hot to trot Vero users on here, along with LV, Tiffany, Velcro, Gerber et al.

They will use ANY excuse to do a vero takedown as they do not want their genuine articles being resold online. Period.

[asset_liquidators]

"The photos didnt look professional enough to be from the brand owner so I thought I was good to go".

Curious to see why you thought it would be okay to use someone else's photos whether it was the actual brand owner or not?