item removed again

Tim_Deegan

FloFlo wrote: »

You'd do better trademaking 'scally lad/ gay interest'.

When ebay told me that my listings were in breach of Tempur's intelectual rights, I checked out all the patent sites for Europe and the USA, and couldn't find patents for anything mentioned on my listings. What I did find however was a copyright for 'I'm the only gay in the village', and 'I want that one'.:rotfl: :rotfl: :rotfl:

Tim_Deegan

powerbase wrote: »

Back to the original situation: Remove the word from your title or don’t sell it on ebay. I’m not saying this or right or fair but it’s the way ebay works. It’s all automatic and if that means innocent people get removed then so be it (that’s my understanding of their policy).

I actually had to stop selling on ebay for this reason (and my business outgrew it yay). I started my business on ebay. My business was taking away from a large company and the only thing they could find fault (as my items were my own creation and no vero issues) was to say that Northern Ireland is not part of the UK and in me saying that Northern Ireland was part of the UK I was lying about my location and therefore breaking the rules. Northern Ireland is part of the UK (I’m not being political, it’s a fact when it comes to listing your address).

This person (I’m guessing it was the big competitor or maybe someone who disliked me) kept complaining to ebay, ebay kept removing my items, I would complain to ebay and two weeks later they would send me an apology and I would relist and then within a week it happened again. Even though ebay removed all the violations from my history and admitted they were wrong, they didn’t stop it happening. There was at least two weeks out of each month I couldn’t sell as I was waiting for ebay to make a decision (if I’d relisted and got removed again there was a good chance of being suspended as I having so many items removed at once). The hassle was huge and no way to run a business only selling two weeks a month. No amount of complaining, asking to speak to managers, getting reassurance their staff would be trained to know Northern Ireland was part of the UK, a note put on my account to make sure my items weren’t removed for this bogus reason would make it stop. I gave up in the end. Luckily I only was using ebay as a stepping stone.

I always assumed it was the big competitor targeting me but could never prove it. I did a little experiment and reported them (for a genuine rule break) on a few occasions and nothing ever got removed. I always wanted to know do ebay turn a blind eye to the people who generate them £1000’s each month. Just a thought.

I learnt you either play by the rules and how ebay works or just leave it.

Good luck.

I'm now giving https://www.tazbar.com a go to see if they are better than ebay.....they are certainly cheaper :T :T

pinkgem

Update!

I have had an email from Mulberry:

Hi,

We are working with our solicitors at present to get this bag name changed as this name is copyrighted to our company. I will ask ebay to relist your bag as I realize you were not trying to deceive anyone.

Thanks

and another which was sent to ebay vero and cc'd to me:

Hello,

Please reinstate user xxxxxxxxx listing xxxxxxxxxxxx.

Thanks

This is the email I sent to Mulberry on 8th March:

Hi

Why have you made ebay remove my listing of a mulberry coloured non branded handbag?

It was purchased from the website below where the colour is described as being mulberry

http://www.xxxxxxxxxx...

I listed it as a mulberry tan handbag as it is a mulberry / tan colour

Please explain why this is wrong

Thanks

below is the original email from ebay for anyone interested:

eBay Listing Removed: Trademark Violation - Unauthorised Item

Dear xxxxxxxxx,

Thank you for your recent Fixed Price listing on eBay. Unfortunately, these items breached one or more of our policies and had to be removed from the site:

xxxxxxxxxxxx - BRAND NEW SMALL LEATHER HANDBAG BAG MULBERRY TAN

Your eBay fees for this item have been credited to your account and all bidders on this item have been notified of its removal.

The rights owner, Mulberry Company Ltd., notified eBay that this listing violates intellectual property rights. When eBay receives a report of
this type of violation, we remove the listing to comply with the law.

Why was your listing removed?

Trademark infringement is unlawful and breaches eBay's policies. A trademark is a unique sign (such as a name, word, phrase, logo, or symbol) that a company uses to identify its products and/or services.

Using another company's trademark in a way that may confuse buyers about the source of goods or services, or confuses buyers into believing that the seller is affiliated with, sponsored by or endorsed by the trademark owner is both illegal and against eBay's policies. Examples include counterfeits, unauthorised replica items and items that bear the brand or logo of a company without that company's permission.

Guideline: If the product you are listing bears the brand or logo of a company, but it wasn't made or authorised by that company, don't sell it on eBay.

The rights owner for the item you listed sent us a signed legal statement telling us that your item infringed their copyright, trademark or other rights. We were therefore legally obliged to remove the listing.

If you have any questions about the removal of your listing please contact the rights owners directly.

Please note: Using a trademark without the trademark owner's permission may infringe that trademark. For this reason, eBay prohibits members listing items which bear a trademark but are not made or authorised by the trademark owner.

For more information copy this link into a new browser window:

http://pages.ebay.co.uk/help/policies/trademark.html

eBay has restricted your ability to list new items because your account breached one of our policies. To lift this restriction simply complete the policy tutorial that pops up the next time you sign-in to your eBay account. Once you've completed it, you can begin listing again immediately.

We encourage you to contact Mulberry Company Ltd. directly if you have any questions. You can send an email to:

xxxxxxxxx@mulberry.com

For more information on how eBay protects Intellectual Property visit the following Help page:

http://pages.ebay.com/help/tp/programs-vero-ov.html

We appreciate your membership of our community, so please keep in mind that repeatedly listing items that breach our policies may lead to the suspension of your account.

Here's what to do if you have further questions:

1) To find out more about our intellectual property policies and VeRO take eBay's brief tutorial by copying this link into a new browser window:

http://pages.ebay.co.uk/help/tutorial/verotutorial/intro.html

2) You may also find it useful to read the "Why eBay May Remove Your Listing" Help page by copying this link into a new browser window:

http://pages.ebay.co.uk/help/confidence/listing-ended.html

3) If your item was ended by the VeRO programme, and you think the listing was removed in error have a look at the rights owner's About Me page to review their infringement policies. Then, if you still think that your listing was removed in error, please contact the rights owner and let them know.

The rights owner has created an About Me page that contains information to help you understand why removal of your listing was requested. For
more information about the rights owner, please go to:

http://cgi3.ebay.com/ws/eBayISAPI.dll?ViewUserPage&userid=sbanwell

If you still have questions after reading this information, you can contact eBay by clicking "Contact Us" on any eBay Help page.

We hope that this information clarifies why your item was removed and we thank you for your cooperation.

Regards,

eBay Trust & Safety

pinkgem

i am still unsure as to whether or not I am allowed to relist it and how i am allowed to relist

she mentions trying to get the name changed in the first email

she also asks ebay to relist it in the second email, but are they able to do this? and if they can, would it not be relisted as it was?

i suppose i will have to email back and ask her

frivolous_fay

Ebay won't relist it - they'll expect you to do it.

I'd seriously suggest you don't consider their email 'permission' to put Mulberry in the title - even if they don't report it, someone else probably will.

As you can see - Mulberry are trying to stop that bag company using their name as a colour, so they clearly take a dim view of it.

pinkgem

I didn't think ebay would relist it but she seems to think they will as i have just received a response from her again.

Hi,

Please just make clear in your description that the bag was from the website not from Mulberry Design Company. Ebay will just put the listing back on as it was, it has not been deleted, it will still be on their records. Our solicitors are working with xxxxxxx, this is nothing to do with your listing. We have the copy righted name of Mulberry bags.

Thanks

so i don't really think she knows what she's talking about

frivolous_fay

Bet you a tenner ebay won't put it back on.

okiegirl

you don't actually need to say what colour it is in the title as people can see from the picture what colour it is anyway,so no need to mention mulberry really.