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

[lacemaker3]

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@joenicks wrote:

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 ...

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You have to contact the VeRO rights owner, and TRY to get them to give you permission to list your item again.

That will not result in your old listing being reinstated. That's not how it happens. Your old listing is gone, and unless you can find it in a cached page, you're not going to get it back.

If you don't get the VeRO rights owner's OK to relist first, then next time your listings are removed, you will also get either a 3 or a 7 day suspension from listing, depending on how many times this has happened before. After about the 3rd or 4th time, it would be a 30 day suspension (or permanent).

[joenicks]

Thank you for your response and insight. Did you by chance read the violation email I attached? The violation specifically mentions the use of copyrighted images. The violation doesnt say I cant relist or that im barred from relisting this item without the brand owners permission and in fact it says to contact the brand owner to get that specific listing online again. It also says to make sure I use my own photos/wording, etc.

Also, I have received these violations sporadically before and its always the photos that are an issue. I would recreate the listing using my own photos and didnt get another vero violation after that. Its happened twice in 3 years.

[lacemaker3]

Yes, I did read your original post.

The VeRO program is for stopping the listing of counterfeit/fake items using the VeRO owner's brand name, as well as not using their copyrighted photos for items that are not their brand. They want you to use your own photos so they can view them and determine if your item is real or counterfeit.

I stand by my answer. Your violation email was one of thousands we have seen. It's not really specific to your situation, it's the same wording as many others. No matter what it says, you have to get the VeRO rights owner to tell eBay that they are OK with you relisting the item. Without that, it will probably be removed again, with worse consequences.

Most posters would tell you to never try to list that item on eBay again. I didn't go that far.

[mam98031]

If it is specifically about your picture, change the picture and you should be able to list the product again.  Now I've never done this, but it was the advice I read on a different thread that seemed to work out.  But again, I've never done it personally.

[kensgiftshop]

Using images from Amazon, you could get a few more of those emails.

Unless you're dropshipping, why not use your own images?

[joenicks]

Ok gotcha. I went ahead and contacted the brand owner. I also contacted eBay and the representative said if they dont respond within 5 days they may remove the violation and allow the original listing to stand so we'll see what happens. What bothers me is that there are many listings of this product and a lot of them are using stock photos. I cant imagine all of these sellers are authorized. I just get the feeling this brand owner targeted me becuase I have about 1500 units for sale of this product and that probably scared them off. But like I said, this has happened to me before and I would just recreate the listing with my own photos and problem solved.

[joenicks]

Agreed. Laziness is the culprit. 

[joenicks]

Just another follow up. I had a good conversation from an english speaking eBay rep and he said that if the violation was for any other reason it would have noted that in the email I received and he confirmed the vero complaint made was specifically for the photos not counterfeit or anything more serious like that. He also said that vero complaints for photos is not a serious violation. A counterfeit complaint is but thats not what im dealing with here. He recommended to reach out to the brand owner anyway out of good faith before I relist but he did say that I can relist using my own photos without recourse from eBay even if the brand owner doesnt respond. He also said to reach back to eBay if they dont respond within 5 days. FWIW. The only frustrating thing about the conversation is that he said even if I follow eBay policy to the "T" and upload my own photos, description, etc. and the brand owner issues another vero complaint anyway that the listing would be removed again. Its automatically done apparently.

[iamalwaysright]

Any reason why you aren’t disclosing the brand owner company? Doing so might help since many of us may know how specific brands handle their vero accounts, like Velcro for instance.

Anyway, being devils advocate, it’s possible that the original photos you took from google might have been an amateur photo and not actually owned by the brand. I say this because of your claim that they didn’t look professional, but who knows since we can’t see the photo. It’s also possible that the brand owner “abused” the vero process and reported your listing just for the photos, when their real intention is to just not let you sell their item on eBay. I’ve heard of companies doing such things when they simply just don’t want you selling it but can’t legally tell you not to. If this is the case, you MAY get another one of these frivolous violations no matter what photos you use. And that will severely impact your selling account. It might be a long shot, but it’s just a thought.

[joenicks]

otterbox is the company. Im not too concerned about being targeted since there are so many listings of their products on eBay. I spoke to an eBay rep and he said vero violations due to photos are not that serious. If it was you would get a formal warning. Counterfeit vero violations are more serious that could get you suspended. This has happened to me before and I would just relist with different photos and no problem.

[luckythewinner]

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

So you thought theft was okay as long you didn't think anyone would notice? 😂

[mam98031]

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@iamalwaysright wrote:

Any reason why you aren’t disclosing the brand owner company? Doing so might help since many of us may know how specific brands handle their vero accounts, like Velcro for instance.

Anyway, being devils advocate, it’s possible that the original photos you took from google might have been an amateur photo and not actually owned by the brand. I say this because of your claim that they didn’t look professional, but who knows since we can’t see the photo. It’s also possible that the brand owner “abused” the vero process and reported your listing just for the photos, when their real intention is to just not let you sell their item on eBay. I’ve heard of companies doing such things when they simply just don’t want you selling it but can’t legally tell you not to. If this is the case, you MAY get another one of these frivolous violations no matter what photos you use. And that will severely impact your selling account. It might be a long shot, but it’s just a thought.

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Except they didn't get the violation from VERO because of the brand or the use of a brand name.  Their violation was for the Picture.

I've gotten one of these before.  It is next to impossible to get them to accept that this may be a pic of your own.  Mine was, I did not take it from the internet or their site.  The VERO holders comeback was it was close enough.

[mam98031]

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.  

[tobaccocardyahoo]

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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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