Ebay listing removed - Trademark violataion?!?!?!

norwichkaren

Right ok I need to rant. I have recently listed a few empty designer bags on Ebay to be sold as collectors items...as I myself have collected them for years but have no where to store them anymore so trying to sell them on.

So, I listed 5 of them, Gucci, Prada and so on. The next day I get a message from Ebay saying I breached their policy by listing them and they have removed them. They also asked me to look at their policy which states:

The following are examples of listings that are not permitted on eBay:

• A listing offering an authentic Rolex box and suggesting buyers use it to sell a counterfeit watch
  
• An empty branded box, bag, tin or other container that could be potentially used to hold and sell a similar or identical product. (Exception: empty vintage boxes, bags, tins or containers that can generally be considered collectable items and are sold for such purposes)
  

But how on earth do they differenciate between an empty bag being brought for people to sell counterfeit stuff in and an actual empty bag being brought by a collector as I am.

So I message them back and get a message back from Ebay saying:

Thank you for your email regarding removal of your Prada carrier bag
listing (item no. 110442723567).

I trust that the item you listed may be genuine and that this is in no
way intended to question your honesty but it breached our policy on
Brand Protection. eBay does not allow listings that encourage or
facilitate breaches of copyrights, trademarks, or other intellectual
property rights.

Here are some examples of listings not permitted on eBay:

-Empty branded dust bags, sunglasses cases, watch boxes, jewellery
boxes, carrier bags etc. that could potentially be used to hold and sell
a similar or identical product are not allowed on eBay.
- Encouraging the counterfeiting of trademarked goods, for example
offering an empty branded container and suggesting buyers use it to sell
a counterfeit.
- Offering a certificate or warranty, without the accompanying product.

Please understand that there are sellers who may misuse your branded
product to sell their non-branded product. That's the reason such
products which may encourage other members to sell counterfeit items are
not allowed.

Furthermore, you're right to be concerned about similar listings on the
site and I'm sorry if you feel singled out. I assure you that this isn't
the case. Let me reassure you that it's our top priority to ensure eBay
remains a safe and reputable place to shop. Our policies apply to all
sellers on eBay and we will take down listings that break our rules.
However, please note that eBay proactively do not search for violating
listings. We rely on reports from our members and participants in the
VeRO (Verified Rights Owner) Programme to bring questionable listings to
our attention. If a reported listing breaches our policies we'll remove
it from the site. However, take into account the sheer volume of
listings on eBay - unfortunately we aren't made aware of every breach of
our policies.

If you see an item that isn't allowed, it's most likely that we're not
aware of it yet. Please let us know using the 'Report this item' link at
the bottom of the item page, or by clicking 'Contact Us' on any Help
page.

So basically they are telling me that others are allowed to sell on there, they just havent been spotted yet?

So I re listed the item to see if i t got spotted again and today, low and behold it gets removed along with one of the others again...BUT....the other 3 are allowed to stay on there??

How can 2 of the bags be outiside their policy but the other 3 arents and they are all exactly the same?

Plus, I just did a search and there are hundreds on there still being listed....

So what do I do? Is there anything else I can do? I called the support line for so called 'valued' members and some woman who didnt have a clue told me that the only other way I am allowed to sell the bags is to call the company and get persmission.

Sure...I'll call Gucci and ask them if they mind me selling one of their empty carrier bags?!?!!

norwichkaren

Anyone????

I have just been on Ebay and searched for the same things as I have listed and there are hundreds of them.

So if Ebay is telling me they cant spot them all unless someone tells them, does that mean someone is causing trouble for me on there by keeping reporting my items...

There are items on there listed well before mine that are not being removed and being allowed to sell?!!

rsykes2000

Someone has been reporting your items. If you relist again after 2 removals, there's good possibility that you can be banned.
Perhaps you could report all the other bags that are available - it may well be someone selling some of these that has reported you as they didn't want the competition.

norwichkaren

Yeah thats what I thought! Ok, so altho I hate doing it, I have just been on and reported two other items then followed them to see if they get removed.

Why would someone be reporting my items.

The one that keeps getting removed is an empty prada bag and gift wrap.

But I did a search and there is nothing else in that category that I am selling even close to...so why is it only that one that keeps being removed?

The other was a tiffany bag and box and there are at least 20 others being allowed to sell...

It is so annoying that they only keep removing mine though. They say they are not victimising certain people, but surely they are?!

mrcol1000

I sold on behalf of someone loads of a certain brand of handbags. She has 20 of them which I have sold over the last few weeks with no problems. All of them are genuine handbags. Anyway finally found a dustbag for one of the handbags which I listed. Ebay pulled it saying that there was a potential trademark violation and you could not sell anything with trademark of another company on!!! This is a genuine dustbag.

bingo_bango

Whether or not it is a genuine bag (or any other item) is immaterial. If you are not the trademark owner, or do not have express permission to use their trademark, then you are acting against the wishes of the trademark owner and they are free to take action against you. eBay are obviously being pushed harder by some of these trademark holders than others to remove infringing listings.

norwichkaren

mrcol100 - isnt it annoying! I have around 30 of them as I used to be sad and collect them and use them for storing things in the spare rooms...and I acutally brought half of them from Ebay stupidly enough!!

Bingo Bango - so does that mean that people shouldnt be selling any sort of branded item at all on Ebay then?

What is the difference from selling a branded Prada Carrrier bag to selling a branded Prada handbag....neither of which have been given permission to sell on Ebay?

Should I be reporting all items on there with a brand name then?

Grade_A_Reject

You may as well bang your head against a wall as try to "reason" with Ebay. Just give it up and find somewhere else to sell them.

boombap

What a crackpot policy but that's ebay for you.

By the same notion they should be removing balaclavas and screwdrivers just in case they are used as an accessory to a crime.

Can't really offer much advice to you though OP apart from what the others have said. I would certainly not attempt to relist though else you could get a suspension.

S.

prowla

It may relate to the time that people were selling an X-box box and suchlike, and ripping off buyers (there was someone who paid $300 for an empty box thinking it was the machine!).

From my perspective, having a bag with a manufacturer's label on it should be OK, unless they are saying the bag itself is counterfeit.

I have previously looked for a PSP box to re-package a PSP in to take to a secondhand shop...

Isn't there a section to sell boxes and packaging?

theonlywayisup

On the theme of this thread, does anyone know how may strikes a seller gets for copying before they are banned. I have one main competitor, who emails me to say they have copied my entire listing and then only when I complain enough is the listing removed, but he/she just smirks at me and continues. What to do?