VERO issue on ebay - Paul Frank

gmc_3

Hi, i've just had a listing pulled on a VERO issue. Paul Frank Inds. complained that I was breaching blah blah blah.... for selling a 2nd hand canvas beach bag. It's 100% genuine.

Its happened to me once before ages ago when I was selling a pair of evisu jeans, same thing evisu complained.

Is there anything I can do? They claim I am infringing a trademark, does that mean they suspect its fake?

Any experiences will be appreciated.

Thanks

G

frivolous_fay

Paul Frank are entitled to have your listing pulled if they don't want to allow you resale rights.

gmc_3

So anyone selling anything 2nd hand on ebay can theoretically have their auctions pulled by the brand owner?

G

frivolous_fay

Pretty much. It depends how protective that brand is of its image... ie. do they want their product to be 'cheapened' by being sold on ebay?

gmc_3

Thanks for the response. There seems to be plenty of other auctions, both new and 2nd hand, of Paul Frank merchandise on ebay. I'm trying to figure how my listing was different.

There was a Paul Frank e-mail address given to me from ebay, but as yet there has been no response.

G

greeneye

I thought we established on this board a while ago that VERO could only be applied to brand new goods (or if secondhand if there was suspicion of them being counterfeit - in which case you should show a pic of your receipt in the listing).
Think it was a thread about lipstick or something.

gmc_3

I can't believe it, i've just been suspended from ebay. Here is what they sent me:

'We regret to inform you that your eBay account has been suspended due to concerns we have for the safety and integrity of the eBay community.

As we state in the User Agreement, Section 8, we may immediately issue a warning, suspend, or terminate your membership and refuse to provide our services to you if we believe that your actions may cause legal liability for you, our users or us. We may also take these actions if you have breached the User Agreement or if we are unable to verify or authenticate any information you provide to us.

Due to the suspension of this account, please note that you are prohibited from using eBay in any way. This includes the registering of a new account.

Please note that this suspension does not relieve you of your obligation to pay any fees you may currently owe to eBay.

Regards,

eBay Trust and Safety'

Is this related to the Paul Frank bag do you think? They haven't been very specific about the breach.

Is there any chance that i'll get my account back?

Thanks

frivolous_fay

After several VERO 'offences' suspension is an unfortunate possibility

They may offer you the opportunity to apologise... lots... and get the account back... or they may not. I'd have thought they would.

gmc_3

The thing is you can't predict a VERO offence. The items i've had pulled were 100% genuine, I bought them new and selling on now I no longer use them. They seem to take exception to some items and not others.

gmc_3

greeneye wrote:

I thought we established on this board a while ago that VERO could only be applied to brand new goods (or if secondhand if there was suspicion of them being counterfeit - in which case you should show a pic of your receipt in the listing).
Think it was a thread about lipstick or something.

I thought that myself about the receipt thing. I no longer have it for this item, but think i'll hold onto them all in future as evidence if I put in on ebay.

Thanks

neilwoods

i would post what i posted in another thread about VERO, but since i posted it they changed the wording of this.

Guess it depends on how many paul frank listings you had, and may have looked like you were a seller of these. How many did u have listed.

Can understand why VERO is in place, but it does need to worded a lot better, as it is, it looks like you cant even sell single item if another ebayer hase VERO rights. even if it second hand. If that is going to be the case then it will put a lot of people of from using ebay. Should only apply really to mass sellers.