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Has anyone had any previous experience with having a listing removed from ebay? I had two seven day auctions that were to end tonight, cancelled by ebay and the reason provided with Trademark Misuse. I used the brand name to identify the product in my listings as anyone else would do, but other than that, I used my own pictures of the item and my own description. I'm just trying figure out why my listing was cancelled. Thanks.

Barton's Bargains
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Check to see if the items were perhaps oh...how to word. If say it's a Coach purse. If Coach is a member of Vero...they scour eBay daily for listings to shut down.

I had an auction shut down for Winnie The Pooh pajama's once. Disney had them shut me down because I had a picture of the pajama's and it had Winnie The Pooh on them and they considered that a product of Disney. Needless to say, I was confused and didn't know how I was supposed to sell the item without the pic of the pj's.

Long story short. I was able to glean much info from this site.
http://tabberone.com

I know that she's moving her site over to another host..but perhaps you can get SOME info from what's there with links.

Good Luck!
Sorry this happened to you,
Donna
I'm aware of the VERO program, but I don't think my listing was removed by them cause it doesn't specify that a VERO member cancelled the listing.

Here is the body of the message recieved:

quote:

The following information may help explain the reason for your listing(s) removal:

Misuse of brand names, trademarks, and logos is both illegal and against eBay policy. This includes inappropriate comparisons to a branded item, selling counterfeit or replica items, and keyword spamming.

Unauthorized replicas of brand name products are not permitted on eBay. It is both against the law and against eBay policy to sell replicas that have not been authorized by the manufacturer.

Your eBay fees for this item have been credited to your account. All bidders on this item have been notified of its cancellation.


The item I am selling is legit, it was purchased from a retail store and not "off the back of a truck".
I'm so sorry.

My sisterinlaw had her own Dooney & Bourke purse up for auction and they pulled that one on her, too. She could not for the life of her figure out why. She even had the original receipts where she paid for the item. She called eBay and they said there was alot of fraud in purses. She was angry and rightfully so. once she faxed the receipt to eBay they let the auction run. She thinks someone in competition to her reported her and had her auction axed.

Perhaps if you call them. Have you been to Live (Dead) Chat?
If eBay cancels the auction, it's DONE, OVER, and THAT'S IT! Appeal? HA HA HA.

There is NO appeal. You list it again and they catch you, they suspend you. This VERO system and the "other" system of snitches isn't meant to work in your favor. Lots of manufacturers/owners in the VERO system abuse their privledges and get away with it. I love it when a manufacturer cancels my auction because I am not allowed to resell something I bought, used, and no longer want. These are all companies I no longer do business with, and I made sure they knew it via written (post) letters to their customer service departments (never a reply, shows how they care). I've had numerous run-ins over the years and they all were stupid. Nothing to do but bite your toungue, and move on. There is no one to talk to, appeal to, discuss with. You're dealing with an automoton driven by lawyers.
Here are some of my highlight takedowns that never made any sense to me:

I had a listing cancelled for selling a copy of "Mien Kamph" in engligh. Reason: promotes Nazism and hatered. At the time of takedown there were 15 exact copies of the book running, all went to completion. I waited 6 weeks, listed again and it sold to a library in the mid-west. My feeling: a seller (a "snitch") made a complaint to safe harbour to get competition 'removed' from the running. I have had this happen before.

I was selling my Wife's old Weight Watcher's materials. VERO takedown. "You are not allowed to sell ANY Weight Watcher's materials, even if you previously owned them. This includes books, points systems, any and all materials". I wrote Weight Watcher's a nasty letter and they replied with 'fine print' by mail. Never again buy another product of theirs.

I had a Barbie doll taken down years ago. I can't remember the reason, but it was stupid. I threw the doll away.

I had a set of Playboy drink Swizzlers taken down because they were "adult items" and should have been listed in the adult catagory along with all the sex toys and videos. Right... I was told the mere mention of "Playboy" makes it an adult item regardless of what it is. This was when I was foolish enough to try to reason with somebody. I relisted in a few weeks in the same catagory and they sold.

I'm sure I could think of more, equally as stupid. Remember 'eBay Stupidity"? That's another thread.
quote:
Originally posted by JeffS:
Here are some of my highlight takedowns that never made any sense to me:

I had a listing cancelled for selling a copy of "Mien Kamph" in engligh. Reason: promotes Nazism and hatered. At the time of takedown there were 15 exact copies of the book running, all went to completion. I waited 6 weeks, listed again and it sold to a library in the mid-west. My feeling: a seller (a "snitch") made a complaint to safe harbour to get competition 'removed' from the running. I have had this happen before.

I was selling my Wife's old Weight Watcher's materials. VERO takedown. "You are not allowed to sell ANY Weight Watcher's materials, even if you previously owned them. This includes books, points systems, any and all materials". I wrote Weight Watcher's a nasty letter and they replied with 'fine print' by mail. Never again buy another product of theirs.

I had a Barbie doll taken down years ago. I can't remember the reason, but it was stupid. I threw the doll away.

I had a set of Playboy drink Swizzlers taken down because they were "adult items" and should have been listed in the adult catagory along with all the sex toys and videos. Right... I was told the mere mention of "Playboy" makes it an adult item regardless of what it is. Right, a plastic stick with a bunny head on top - yea, that's adult all right. This was when I was foolish enough to try to reason with somebody. I relisted in a few weeks in the same catagory and they sold.

I'm sure I could think of more, equally as stupid. Remember 'eBay Stupidity"? That's another thread.
I believe I have the disgruntled seller or potentially a previous buyer who was aggravated about how long it took the postal service to deliver the item and wanted a refund (of course that is my fault).

Since the auction was in its closing day and I was already happy with the current bid price, I have contacted my high bidder and offered the item for sale at the high bid price. I explained to them the sellers lack of recourse with eBay on these matters and that I would be happy to invoice them through Paypal for this item. They have already responded to confirm the purchase, so looks like eBay will be losing out on the final value fees and their listing fees. Fine by me.
quote:
Originally posted by JeffS:
Here are some of my highlight takedowns that never made any sense to me:

I was selling my Wife's old Weight Watcher's materials. VERO takedown.

I had a Barbie doll taken down years ago. I can't remember the reason, but it was stupid. I threw the doll away.

I had a set of Playboy drink Swizzlers taken down because they were "adult items" and should have been listed in the adult catagory along with all the sex toys and videos. Right... I was told the mere mention of "Playboy" makes it an adult item regardless of what it is. This was when I was foolish enough to try to reason with somebody. I relisted in a few weeks in the same catagory and they sold.

I'm sure I could think of more, equally as stupid. Remember 'eBay Stupidity"? That's another thread.

Same thing with me.
At a garage sale I picked up quite a bit of Weight Watchers items. Vero booted them.

Barbie Doll? Valentines Barbie of 2003...booted out by eBay Vero.

Playboy? Yep! Selling some of the older copies and some other miscellaneous articles. Vero booted em and received an email promptly from the Law Group representing 'Mammaries R Us' stating that if I reuploaded the auctions blah blah blah.

Board Games? Yep...I've had Vero come after me.

In turn I sold them via my website stores. Never heard another word from the flippin' law firms.

It's amazing who comes out of the woodwork when you're selling an original product that you own. Companies and Competition all wanting to nip at your heels.

I'm glad it worked out for you and you were able to invoice the high bidder.

That's the sweet part about selling out of my stores..no fee's. (cept Paypal)

Donna
I listed Adobe CS Premium for education software several times for sale. It was pulled twice. I guess you can not resell the education version of this software which of course is the same as the full retail version but sold at a lower price. I waited until a major holiday and relisted the software for 3 days instead of 3 days. I figured that Adobe would not be watching over a four day weekend. I was right it sold!
Gee, when WW shut down my listings and I quoted First Sale they ignored me. I sued them and they changed their mind.

And you can appeal eBay takedowns. If you are selling legit merchandise get in their face.

Point out that under federal law eBay does not have the authority to enforce 3rd parties rights. There are VeRO members, that is who should be issuing the takedowns.
quote:
Originally posted by tabberone:
Gee, when WW shut down my listings and I quoted First Sale they ignored me. I sued them and they changed their mind.

And you can appeal eBay takedowns. If you are selling legit merchandise get in their face.

Point out that under federal law eBay does not have the authority to enforce 3rd parties rights. There are VeRO members, that is who should be issuing the takedowns.


Well I did actually receive a response from Ebay on this matter. They requested a receipt for the item from where I purchased it, which I provided. Ebay then responded, that they received the information, but they believe the item is not authentic and therefore cannot be relisted.

Do I have any ground to stand on in this matter at this point? The item in question is identical to the item purchased anywhere else, I don't know how Ebay is qualified to determine from an auction listing whether a product is authentic or not? The part that irritates me the most, is the store where I purchase this item, also sells on eBay under the username cargolargo and has sold similiar items in the past.

tabberone, any response would be appreciated, I know that you have had much experience with this type of issue in the past.
Tabberone totally rocks Smile If you don't remember me hun, I contacted you about a month back with the stupid lawyer telling me I couldn't use certain colors or fonts in my auctions. After much research with the Copyright Office online, I constructed a very nice "shove it" letter. Haven't heard from them since ;-) Unless of course they are planning litigation, to which I will sell tickets too. That would be hilarious!
Wow , a wealth of info in these posts .

my only experience in getting an auction pulled was for something with the search results , i have a camcorder battery that fits about 1800 models in approx 20 brands of camcorders , so i listed in the description as fitting JVC-BN18 * JVC-BN26 etc. , Well No that wasnt OK with them it was unfair search manipulation WTH? , i had copied that from a cross reference site , and had to hand write the auction and remove the offending brand names so it looked like JVC: BN18 , BN26 . I suspect i was reported by a competitor , no other reason for the complaint .

About the Playboy , i have some books to list , Playboy press 1963 , not at all adult in nature but i will definitely look at the categories before i list them , it burns my behind when they pull an auction , especially if its a first run and you have no back up of the research you did , because if its pulled , its gone , period !
/done with the rant
<rant>
ok I am pizzed...my account was just susspended and this is what they say

"Dear inspired_by_designer,

We regret to inform you that we have suspended your account for violating eBay's Trademark Misuse Policy.

Misuse of brand names, trademarks, and logos is both illegal and against eBay policy. This includes inappropriate comparisons to a branded item, selling counterfeit or replica items, and keyword spamming.

If you wish to have us consider reinstating your account" BLA BLA BLA
now here is a copy of the wording in my auction:
"8 X 5

Thank you for coming to my auction.
NEW

8 x 5
DESIGNER INSPIRED Pouchette is enriched with the feminine, carefree spirit of the Multi Colored Monogram canvas. Ideal for casual days in the city. Please also take a look at my other items. If you do not see what you need, Please ask me for it.

Why pay $400.00 for this bag when you can get an INSPIRED_BY_DESIGNER bag for almost 1/10 that.

These bags, as with all my bags are very well crafted. They feature leather piping. The exterior of the bag is also leather with exquisite craftsmanship. These are high quality bags and I guarantee the quality of EVERY BAG SOLD BY INSPIRED_BY_DESIGNER!" I also offered a guarantee:
" Refunds/Returns
For your peace of mind, in the unlikely event you are unhappy with your item; I offer a full refund on the cost of the item, no questions asked! The item must be returned unused with the original wrapping/tags etc. within 7 days of receipt. Buyer is still responsible for shipping in both directions.

Additional Information
Positive feedback is always left once payment has been received. If you are unhappy with any aspect of the sale, please contact me to resolve any issues/concerns.

Thank you for your interest in this item and good luck bidding on this amazing bargain!!"

Also included were three pictures that were taken of the product specificaly not of the Genuine bag. There is another "company" that is selling these same items and they have several for sale with the same basic description I had. I am furiouse because I have first hand knowledge of people sell my bags as "genuine" and yet those auctions remain untouched by anyone at EBay. These bags are inspired by Louise Vuitton.
I also have a tracker for hits on each one of my items and no one hit the item which tells me they were removed without being seen!
Did I mention I am Pizzed?
sorry for the rant but if anyone has any ideas on what I should do next I am all ears/eyes.
</rant>

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