eBay

anything_goes_2005 · ‎08-30-2023

I just received a message from Ebay that three of my listings have been removed per the Vero Infringement Policy. The three items were genuine Xerox toner cartridges. I have other Xerox items listed that I'm only assuming has been reviewed and is safe for now. All listed items are new/sealed accompanied by my own photos and descriptions. I recently acquired a large lot of Xerox toner cartridges and replacement parts through an auction site. This lot was picked up from a legitimate state/government establishment who are most likely Xerox clients and have a direct account. I have paperwork and emails to verify my purchase.

I contacted customer service to get more details on this issue. They mentioned that they were contacted by Xerox to have the three specific items removed. The reason for the removals center on intellectual property infringements and not selling counterfeit items. As mentioned earlier, I have several Xerox listings and thought it was odd that only three listings were singled out. I asked the rep if they thought that Xerox reviewed my other Xerox listings. He said that they most likely did and that those active listings are ok. For now, I was told that my account is in good standing with no issues. I do not plan on relisting the removed items, but I am concerned that the other Xerox listings could somehow affect my account down the road.

Can anyone share any similar Vero experiences and what steps were taken to move forward? Thanks for any responses.

dryophelia · ‎08-30-2023

@anything_goes_2005

Here is what Xerox has to say about their brand.

I would be careful about all of your Xerox product.

You may have purchased these from a reputable company, but you can’t resell them here.
If Xerox scours eBay, it’s quite likely they search the Internet for other people trying to sell the pallets of stuff they bought thinking it was a good money maker.

No one asked, but I am looking forward to the day when having feedback default sorted by relevance seems right.

albertabrightalberta · ‎08-30-2023

Did you use your own pictures of the actual items?
Or did you use Xerox stock images and/or text?

I don't see any current or completed Xerox listings so I can't look at the listings to see if there are any red flags.

Since it was a VeRO removal, there should be contact information in the message. If you're absolutely positive that the items are authentic, contact them and ask for more information on why they were removed and how you can prove authenticity.

First sale doctrine gives you the right to resell genuine and legally obtained items and unless you have a contractual agreement with Xerox disallowing listing online (i.e., if you're an employee for example), you can sell them.

albertabrightalberta
Volunteer Community Mentor

anything_goes_2005 · ‎08-31-2023

I used my own pictures and descriptions of the actual items. I do not think authenticity was the problem, it was probably the competitive pricing and the amount of listings. This particular lot of products contained shipping labels/invoices indicating that the items originated from Xerox. I have sold tons of authentic toner products (including Xerox) over the years with no problems. This is my first Vero issue.

My First Sale Doctrine knowledge is very limited, but based on recent court cases, it seems that the FSD resides in a grey zone and is no slam dunk. Proving that the items I purchased are from a business with a direct Xerox account may be futile, but I will definitely investigate this further.

snoops · ‎08-31-2023

I believe the VeRO infringement has to do with copyright and not counterfeit. I thought it usually pertains to photos but if you took all of your own it is not that. It can also be because of words used in the description (for example you can not use a word that starts with a V and you must use the words hook and loop closure instead) Look at your description and see if there is a word that is suspicious to you. It is entirely possible you can not use the word Xerox and that word itself if copyright though I do not know. Another example is that Gerber has copyright on their word of the one piece baby outfit. HOWEVER I thought that if you were selling one made by Gerber you could use the word. Anyway, I hope this information leads you down the right road of investigation and to where the error is and you can proceed with sales.

anything_goes_2005 · ‎08-31-2023

I had this exact conversation with the rep I spoke to yesterday and your example of the V word also came to mind. In his opinion, he felt that the word Xerox was probably the issue. He also mentioned that I could possibly relist the removed items if I adjusted the titles and descriptions removing certain words. I have revised all my current Xerox listing titles/descriptions omitting the word Xerox as well as specific model names such as WorkCentre and AltaLink that contain the registered trademark symbol (circle with the R). The word Xerox does appear in all the listings under item specifics, brand, which may be an issue. Should any of these revised items get flagged/removed, I will immediately cancel the remaining listings to avoid any further issues.

coolections · ‎08-31-2023

@anything_goes_2005 wrote:

Can anyone share any similar Vero experiences and what steps were taken to move forward? Thanks for any responses.

Xerox has been removing as many listings as they can as they come up on Ebay. They do not want their "brand" out there associated with Ebay. Moving forward just do not relist them is all you can do.

tobaccocardyahoo · ‎08-31-2023

Sounds like you bought from a liquidation auction.

You are not part of the authorized distribution channel, therefore Xerox believes your items may be inauthentic or counterfeit.

If you listed as NEW, that may be arguable because your customer will not be the first retail buyer of these items, and any Xerox warranty may not be in effect.

It is really hard to find the path which allows you to sell these products on any Internet marketplace. Manufacturers are highly protective of their image and their authorized sellers and their customers. Marketplaces are seeking to avoid damage to their buyers and negative publicity, and they are also worried about legal liability if the ignore authenticity complaints.

You engaged in a buy which used to result in a quick relatively painless profit but now is a risk of losses exceeding the product cost.

You can be sued if you get Ebay to reinstate your listings, and if you are it will be too expensive than do anything but settle.

Good luck

albertabrightalberta · ‎08-31-2023

@anything_goes_2005 wrote:
Proving that the items I purchased are from a business with a direct Xerox account may be futile, but I will definitely investigate this further.

It's not necessary to have purchased from an authorized dealer. As long as items are legit, they can be resold, whether Xerox likes it or not. (I buy lots of items from thrift stores, which certainly aren't "authorized" but I verify items' authenticity and are within my rights to do as I please with them.)

You can submit a counternotice to Xerox asking what you need to prove authenticity and remind them of first sale doctrine. Per DMCA, they're required to answer you within 10 days or you can relist. (BUT I DON"T RECOMMEND DOING SO.)

@snoops

VeRO is to protect against infringement, whether it's stolen pictures, plagiarized descriptions or counterfeit items, all of which infringe on a rights owner.

albertabrightalberta
Volunteer Community Mentor

25kenwood · ‎04-24-2024

It was likely 'metered' toner, which is illegal for ANYONE to sell. It is provided to consumers only as part of a 'per page' package deal. Any unused quantities are the property of Xerox, and are supposed to be returned to them.

I just had listings removed for this reason, and contacted Xerox to ask them why.

luckythewinner · ‎04-24-2024

I asked the rep if they thought that Xerox reviewed my other Xerox listings. He said that they most likely did and that those active listings are ok.

That was pure speculation on the rep's part and IMHO you should not assume that your listings are okay.

I am concerned that the other Xerox listings could somehow affect my account down the road.

IMHO that is a valid concern.

They mentioned that they were contacted by Xerox to have the three specific items removed.

That is how the VERO program works. Once an IP owner reports a listing, eBay will take it down in order to preserve their 'safe harbor' protection from liability.

eBay has no way to investigate or evaluate the IP status of the 1.5 billion listings on their site, and the law gives them no incentive to try to do so. The safest response is to remove the listings as requested in order to shield themselves from liability for violations arising from those listings.

kh-vince · ‎04-24-2024

Hi everyone,

Due to the age of this thread, it has been closed to further replies. Please feel free to start a new thread if you wish to continue to discuss this topic.

Thank you for understanding.