VeRO for using our own photos, what are we doing wrong?!?!

[smaffet]

Hello everyone,

Have had a couple VeROs listing Delta plumbing faucets an the like. Stopped using the stock photos even though eBay provides them when listing (so frustrating!). Trying our best to follow the rules, most other companies don’t seem to care but whatever.  Only using our own photos when listing Delta and still got a VeRO!!! Attaching a screenshot of a listing, does anyone know what we are doing wrong?  

[albertabrightalberta]

@smaffet 

You might want to google "Tabberone" regarding Delta's attitude toward your reselling a legally obtained faucet. 

She has taken on bullies and won based on First Sale Doctrine.

[smaffet]

Thanks for this, I will!!!

[rugerskick]

Thats because they are counterfeits, not because you cannot sell a genuine apple product.

That's not the context of this listing takedown.

[rfmtm]

Do not relist until the VeRO member lifts the complaint.

If a VeRO take down you can fight it, as you have a legal right to resell an authentic legally obtained item as long as you don't otherwise infringe on the owner's rights, or have a contract with the company agreeing not to. Companies can not legally have ebay remove an item just because the don't want you selling it on ebay. Unfortunately some abuse VeRO and do it anyway.

First contact the VeRO member, give them the facts supporting your authentic legally obtained item. Telling them you want to work this out before going to your attorney. If no answer or an unsatisfactory one, the easiest thing to do first is have your attorney send them a letter, making sure to copy ebay's legal department. This alone often has an abuser back down.

However, if they don't back down and it is clear abuse you have the right, for a reasonable fee, to file in your local federal court, making them come to you. Plus in federal court the loser pays the winner's costs and up to trebled damages. This step even more often backs the abuser down.

Many have done this and won, even without an attorney, and once eBay's legal department is notified of the outcome, they leave you alone. Still, hardly worth it unless you have damages and it is affecting your ongoing business.

If this is a common item that appears many are having taken down, then you may be able to find a public advocate group with legal resources to take on your case in the public's interest. Once a group like this files on your behalf, almost all abusers settle out of court, often with a payment to make it go away.

You also could file a counter notice, and while this is only legally recognized for copyright, ebay treats it differently and will require the rights holder to show he has started legal action against you for the infringement, or will otherwise let you relist the item.

Obviously the VeRO abuser counts on you not knowing what to do, or that it isn't worth the trouble, so gets away with it. An honest VeRO member will respond with the reason for the take down and if just something in the listing, let you correct it.

Unfortunately letting VeRO strikes go unchallenged stay on your ebay record, and you risk permanent suspension. So sometimes it is just easier to avoid listing certain items on ebay.

[tobaccocardyahoo]

Trademarks are protected.

You are using Delta's trademark.

Unless you are part of Delta's authorized distribution chain, your items may be inauthentic.

Unless you are willing to invest in a legal battle with Delta you will cease trying to sell their product.

First sale doctrine is judge made law, with many conflicting precedents and only enforceable by going to court. The cost of going to trial can reach $250k which is why some manufacturers or their agents sue hundreds of infringers in the same action.

Should Delta take action against you, the odds of getting an attorney to take such a case on a contingency basis is about zero. This is why most sellers settle, they cannot afford to front $250k to play the law game.

If you can avoid getting a claim for damages based on infringement, you are probably ahead by $5k.

[rfmtm]

Yes, trademarks are protected, but only if misused or infringed upon.  Otherwise, no one could resell anything with a trademark on it.  The trademark law is there to protect against counterfeits or misleading advertising.  Plus a VeRO take down can be because of many things.  So OP needs to find out specifically what the issue is first before jumping to any conclusions.

[smaffet]

Thanks everyone for the feedback and advice!  I sent an inquiry to the point of contact for Delta in the notification.  Based on what we get back we will decide what to do next. 

[monster-deals]

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@slippinjimmy wrote:

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@smaffet wrote:

Thank you for the recommendation and yes they did, the contact email is completely unresponsive. 

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https://www.ebay.com/sellercenter/ebay-for-business/verified-rights-owner-program#m17-1-tb2

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That's a change I haven't seen. 5 days and if they don't respond then what?

because I have NEVER had a VERO email me back...to the point that I though all emails got sent to a dead address

[somenumber]

Complete criminal garbage. I contacted a lawyer I know and we’re working on some paperwork. I had 40 listings removed, eBay’s  wrong program did no research the validity of the claim.

i spent my mortgage money on a pallet of delta stuff from build.com and now delta and eBay combined are literally robbing my family. 

[somenumber]

Same here , I used the mail provided and no reply , over a month . They are stealing my families money . This is malicious and criminal

[somenumber]

I’ve used my own pictures ,

my own words. They simply cancel anything delta. Criminal theft is what this is. 

[somenumber]

Got it ,  they hide behind an unresponsive email.

Cowards

Only cowards steal from families.

[somenumber]

How bout the any publicity is good business. I bet they are skimping on their google promotions because of this . 
effin cowards , they’re hurting my kids by stealing the little

we we have . 

[somenumber]

Delta is flat out robbing eBay as well. The time they are wasting with countless calls . Simply

because eBay cheated the system.

cowards

then hiding behind a ghost email,

that refuses responses

[pjcdn2005]

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@monster-deals wrote:

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@slippinjimmy wrote:

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@smaffet wrote:

Thank you for the recommendation and yes they did, the contact email is completely unresponsive. 

---

https://www.ebay.com/sellercenter/ebay-for-business/verified-rights-owner-program#m17-1-tb2

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That's a change I haven't seen. 5 days and if they don't respond then what?

because I have NEVER had a VERO email me back...to the point that I though all emails got sent to a dead address

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It says to contact ebay. I 'think' that they then tell the seller to file  a counter notice.

https://www.dmca.com/FAQ/What-is-a-DMCA-Counter-Notice