posted on February 4, 2001 07:56:37 AM new
I buy clothes from a particular manufacturer at their outlet shop. I have all the receipts, etc. I can resell this on eBay, right??
Actually, I'm sure I can. But I just had about seven auctions ended by VERO (due to end tonight, 2/4/01). The email address ebay included for the manufacturer is a fake (I tried sending them an email and it came back as 'undeliverable').
Obviously something weird is going on. I responded to the various email addresses ebay listed ([email protected], [email protected]) but is there anything more I can do? I seem to remember hearing something about a 'form' somewhere I could fill out but haven't been able to find anything on ebay. Help!!!
Do I need to end my other auctions for stuff from this same manufacturer? I had seven more list last night (2/3/01) before this all started and still have about five that they didn't cancel. I don't want to do anything against eBay's rules.
I've already had emails from buyers who had bid on these auctions. What do I tell them?
posted on February 4, 2001 08:12:13 AM new
"I buy clothes from a particular manufacturer at their outlet shop. I have all the receipts, etc. I can resell this on eBay, right?? "
Absolutely, and there is a SUPREME COURT DECISION backing it up.
http://www.auctionwatch.com/mesg/read.html?num=2&thread=254275&id=254275 has a lot of information and links.
What you NEED to do is FAX the rebuttal to eBay, and tell them that the items were purchased from a valid RETAIL source, and that the VERO complaint was made in error. Tell eBay that they MUST restore the auctions within the time period specified by the same law that allows the VERO.
And let them know that the email contact for the VERO person bounced: Print it and include it in the fax and ask that they give you the CORRECT email address.
posted on February 4, 2001 08:56:11 AM new
<b>abacaxi</b> - Thanks for the link. As far as I can tell - I have done absolutely nothing wrong. But at this point, I think there's a good possibility that the manufacturer didn't even do this (because the email link for them provided by eBay is 'undeliverable').
Another odd thing. I had one previous auction (about a week ago) suddenly show up as 'not in our database' after the auction ended. I did NOT receive a 'WARNING - your auction has been ended' notice from eBay. The buyer didn't receive any notice either(we are still in contact since she bought several things at the same time and had also bid on one of the auctions that they ended last night). I put it down to a 'glitch' in the system - I had already gotten the 'end of auction' notice from ebay and it didn't really affect anything.
Now, after more research, I just realized that they also 'ended the auction' of about four auctions that had already ended. I actually got two 'Warning' notices from ebay - both for multiple items (12 total) - and both have a timestamp around 1:57 AM 2/4. Well, these four auctions ended on 2/3.
I've seen mention of a 'Counter-Notice form' in the thread abacaxi mentioned. In fact, someone pasted a copy of the letter they got from eBay and it included this form at the bottom. My 'Warning' notice didn't include this!?
<b>abacaxi</b> - One more thing. You mentioned 'faxing' the 'rebuttal' back to eBay. What 'rebuttal' and what fax number? Neither were included on my notice.
posted on February 4, 2001 10:09:25 AM new
Hmm, that's odd. This is the entire notice I received from eBay. Stuff in bold I either added or edited.
+++++++++++++++++++++++++++++++++++++++++++
We regret to inform you that your auction:
<snip> <list of auctions>
has been ended at the request of 'XXXX' (manufacturer) , a member
of eBay's Verified Rights Owner (VeRO) Program, because
they filed a sworn statement that it offers a product or contains
material which violates their copyright, trademark or other
rights. In the interest of protecting all eBay users, we end
such auctions to avoid any association with potentially
infringing or unlawful items.
We understand that sometimes mistakes can be made. If
you feel your auction was ended in error, contact the VeRO
Program Member directly by emailing them at <xxx.com>.
My note to this address was returned as 'undeliverable'
Of course, eBay is available to answer questions, but since only
the rights owner understands their products and policies, we
encourage you to contact them first. If we agree a mistake has
been made or the VeRO Program Member notifies us, we will
allow you to relist the item.
We also understand that even if your item is infringing, you may
have been unaware of that fact, and may have listed the item with
the best of intentions. Unfortunately, even if this is so, you still
could face potential liability, so ending the auction is still necessary.
to learn more. All Bidders have been notified and any associated
fees have been credited to your account.
**Keep in mind that listing of prohibited, questionable or infringing
items, or the re-listing of ended items without the approval of eBay,
can result in your suspension from eBay.
Thank you for your cooperation.
Regards,
Lynn ([email protected])
eBay Inc.
+++++++++++++++++++++++++++++++++++++++++++
That's it!!! No 'rebuttal' or 'counter-claim' form, no fax number - nada!!!
[ edited by barbarake to correct html on Feb 4, 2001 10:10 AM - I'll get this right eventually!!]
[ edited by barbarake on Feb 4, 2001 10:13 AM ]
posted on February 4, 2001 11:12:16 AM new
That letter is NOT what eBay used to send out.
Anyway, here's what they USED to send:
********
COUNTER-NOTICE REGARDING ENDED AUCTION*
I. Penalty of Perjury Statement. I CERTIFY UNDER SWORN PENALTY OF PERJURY that I am sending this notification on the basis of my good faith belief that the auctions referred to below do not involve infringing materials or uses and have been identified by a Verified Intellectual Property Owner, its agent, or law enforcement as infringing by mistake or due to misidentification: (List Auction Items Below)
_____________________________________________________________________
_____________________________________________________________________
II. Consent to Federal Jurisdiction. I consent to the jurisdiction of the Federal District Court for the address provided below, or if such address is outside the United States, I consent to jurisdiction of the Federal District Court, County of Santa Clara, California.
III. Consent for Service of Process. I agree to accept service of process from the Verified Intellectual Property Owner, its agent, or law enforcement.
IV. Contact Information. I certify that the following contact information is accurate and valid. I acknowledge that eBay will compare the contact information provided herein with my eBay contact information, and false or fraudulent information may result in suspension of my eBay account.
V. I understand that my knowing misrepresentation herein that material was removed by mistake or misidentification may make me liable under federal law for damages, including costs and attorneys’ fees. See 17 U.S.C. section 512.
VI. I understand that if the reporting party disagrees with the Counter-Notice it may file a legal action against me to prevent the re-listing of the ended auctions.
VII. Acknowledgement. I acknowledge that this notice is filed under penalty of perjury.
I may be contacted at:
Name____________________________________
Street Address____________________________________
___________________________________________
City and State____________________________________
Zip____________________________________
E-mail____________________________________
Telephone____________________________________
Fax____________________________________
Date____________________________________
Signature____________________________________
UNDER SWORN PENALTY OF PERJURY
Attach to this notice any relevant correspondence, including emails, with eBay or the intellectual property owner.
FAX: (408) 558-7468 (that's the same FAX as the VERO members use)
AND SEND BY MAIL:
eBay Inc.,
Attn: Legal Counter-Notice,
2145 Hamilton Ave.
San Jose, CA 95125
eBay MUST replace the material within 10-14 business days unless the VERO files a suit in FEDERAL court. Not threatens to file, actually FILES.
If you have items MADE by the manufacturer and purchased lawfully ... they don't have a leg to stand on. They KNOW IT, they are just bullying.
[ edited by abacaxi on Feb 4, 2001 11:18 AM ]
posted on February 4, 2001 11:59:51 AM new
I used to sell VERSACE clothing purchased at Outlet on Ebay After several cancelled auctions and for fear of account termination I did some research.
Apparently company rules prohibit selling items as new.
I was told only an authorized dealer could sell new Versace cloths.
And items must be relisted as Previously owned.
therer are supposed to be laws against selling Thrift store cloths as new or firsts but i don't know hope this helps
Joe B
posted on February 4, 2001 12:10:06 PM new
In the future, perhaps you could put a small disclaimer that these items are authentic and were purchased from an authorized distributer and you do have all receipts and documentation (or something along those lines).
I know you should not have to do this, but it might reduce future hassles. I have never had to deal with a VERO, so this is just a possibility.
[ edited by debbielennon on Feb 4, 2001 12:11 PM ]
