Trademark Violation and Copyright Infringement

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Have you been falsely accused of Copyright Infringement on eBay? Don’t just lay down and take it! FIGHT it!

First, make sure your item DOES NOT violate policy. You can find all the policies by searching the eBay help section.

I would like to point out a few things as to what “copyright infringement” is and ISNT.

• You ARE allowed to sell name brand, designer goods. It is encouraged that you have proof of purchase for these goods. The best way to prove authenticity is in the form of a receipt. So if you have been pulled for selling legitimate designer goods, you have a case.

• You ARE NOT allowed to sell “counterfeits”. A counterfeit is a good that is made to look like a designer item but is not. For example, “knock off” purses, sunglasses, etc. There’s a gray area when it comes to “Designer Inspired” goods that are NOT linked to any specific name brand or logo. For example, if a purse “looks like” a designer bag but no specific bag, you have fallen into the gray area, and you potentially have a case.

If you believe you have a case, you will want to start here.

If you find yourself having repeat FALSE reports of a variety of listings, you may be being competitors or former customers with bad intentions.

After you are 100% sure you are innocent, you can start by Filing a Copyright Counter Notice.

According to eBay, a Copyright Notice is “For listings that have been removed at the request of the rights owner for copyright infringement, you may have the option of filing a Counter Notice with eBay if you feel that your listings were removed in error and you have not been able to come to an agreement with the rights owner.

A Counter Notice is a form provided by eBay in compliance with the requirements of the federal Digital Millennium Copyright Act. The form is a legal document that requires you to, among other things, certify under sworn penalty of perjury that your listings were not infringing and were removed by mistake or misidentification. When you sign a Counter Notice, you will also have to consent to federal jurisdiction and service of process. Please read this form carefully, so you fully understand what you agree to if you choose to submit it to eBay.

Once a valid Counter Notice is submitted, eBay will provide a copy of the notice to the reporting party and will advise them that the listings will be reinstated/relisted after 10 business days if we do not hear from them and that they have filed an action seeking a court order to restrain you from re-listing the items.  Basically, the owner has 10 days to respond or you get to relist. 

After your counter notice has been filed, one of two things will happen –

1. You will be found innocent and can resume selling/relisting(and you can then build a case against eBay, if you chose, for allowing you to suffer penalties over a false accusation).  

or more commonly,

2. You will get ran around in circles. You will receive opened-ended answers from representatives, standard “form letters” that do not relate to your specific item and quite possibly, no response at all. Either way, you win. You can use all of this information to build a case against Ebay.  

Check out my guide entitled VERO RIGHTS SUSPENSION...WHAT JUST HAPPENED? " for info about VERO suspensions and what to do.

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