topic Re: eBay is persecuting me in Selling

eBay is persecuting me

dollikin — Sat, 07 Sep 2013 01:35:35 GMT

On Wednesday September 4, I put up nine listings for replica designer handbags for 12" fashion dolls (the same handbag in nine different colours). I initially included the designer name thinking it shouldn't be a trademark violation as they were quite clearly described as replica handbags for dolls, and also because there are other listings on eBay for doll handbags that do include high end designer names.

The listings were not showing up in search results within an hour or so, at which point I suspected I had committed a trademark violation, and so I went back to all nine listings and removed the designer name from the listing title (but not from the body of the listing).

The following day I received an "MC019 Listing Policy Violation Alert: Trademark Violation - Unauthorized Item" email stating that all nine listings had been removed. In fact the listings had not been removed, and all nine were still clearly visible and showing up in search results. At that point I went back to the listings and removed the designer name from the body of the listing. Once I had done that, there was no mention of a designer name anywhere in the title or within the body of the listings.

Now today, two days after the original MC109, I've received another MC109 stating that two of the listings have been removed, as indeed they have. Why only two out of the nine listings, identical except for a different colour being listed in each, I have no idea. Of the two listings that were removed, and the seven that remain, there is no trademark violation; there is no mention of any designer name anywhere in the listings. The email says "Please be assured that your listings have not been targeted in any way," but I cannot escape the impression that I am being persecuted for a violation that my listings do not contain. It seems to me this is blatantly unfair, and I do not appear to have any source of appeal.

Does anyone know of anything I can do to stop this persecution?

Re: eBay is persecuting me

trulyspecialgoodies — Sat, 07 Sep 2013 01:56:43 GMT

Familiarise yourself with this policy

http://pages.ebay.com/help/policies/replica-counterfeit.html

The sale of replicas is not only against eBay policy but is also illegal. You should remove the words 'designer replica' from your headings and your listings.

Re: eBay is persecuting me

dollikin — Sat, 07 Sep 2013 02:22:34 GMT

Thank you TSG, that is genuinely helpful advice and I've removed the word "replica." It seems ridiculous to me that eBay should focus on the possible meaning of "replica" as a deliberate fake handbag, when the replica in question is clearly a miniature handbag intended for dolls, and particularly when eBay allows these listings:

http://www.ebay.com.au/itm/12-inch-Doll-luxury-purse-handbag-for-fashion-royalty-barbie-Alma-LOUIS-VUITTON-/360731386291?pt=LH_DefaultDomain_0&hash=item53fd4421b3

They should at least try to be a bit consistent, because obviously it is confusing when they don't uphold their own rules.

Anyway, thanks for your helpful advice.

Re: eBay is persecuting me

springyzone — Sat, 07 Sep 2013 03:27:01 GMT

You're right, dolikin.

If yours were a violation, then what are those in the link?

In fact, I would understand the term replica perfectly. It is far more honest that the little bags in that link.

Re: eBay is persecuting me

trulyspecialgoodies — Sat, 07 Sep 2013 03:30:30 GMT

You're very welcome

The word 'replica' is a big no-no. I can quite understand that it's annoying when you come across listings which are guilty of keyword spamming (such as the example you gave). The best thing to do is report these listings and hope that eBay acts on the reports. There is a link to 'report item' on the right hand side of each listing on the same line as 'Description' and 'Postage & Payments'.

Re: eBay is persecuting me

k1ooo-slr-sales — Sat, 07 Sep 2013 04:02:59 GMT

You are not being persecuted.

The trademark owners of designer brands (like Louis Vuitton, Chanel, Prada etc) are very protective of their "Brand". Use of their trademarked/protected names would be seen as an infringement of their rights, or diminishing the 'prestige' they have worked hard to attain.

I know you were selling handbags for dolls and that no sensible person would confuse what you sell for the real thing, but that is not the point when trademarks are infringed upon.

Re: eBay is persecuting me

phorum_junkie* — Sat, 07 Sep 2013 09:42:08 GMT

Just because they are for dolls they are still in breach of copyright unless the manufacturer has authorisation from the rights owner to manufacture them.

It is no good just removing the word replica or removing any mention of the brand, if they look in any way lise the real thing with a logo or other trademark like pattern or clasp then you cannot sell them never mind list them on ebay.

Ebay is not persecuting you, they are actually protecting you against prosecution by the rights owner.

The fact some of your listings have been removed is just down to the fact that only those items have been reported, you should take any others that have a recognisable design down too before ebay do it for you or you get into a costly legal battle with a designer label.

Re: eBay is persecuting me

k1ooo-slr-sales — Sat, 07 Sep 2013 10:31:27 GMT

pj, I think we have said the same thing in essence

Re: eBay is persecuting me

iamanark — Sat, 07 Sep 2013 23:33:35 GMT

Try typing Replica into the search bar .

33,414 results on eBay Australia .

169,865 results on eBay Worldwide

Re: eBay is persecuting me

phorum_junkie* — Sun, 08 Sep 2013 11:19:07 GMT

The word eplica is not the problem, you can sell replicas of a lot of things that are not the intellectual property of somebody else.

aside from that are you saying that because some people are getting away with breaching the regulations they shouldn't be enforced when reported? Take that to it's logical conclusion, a couple of people get away with murder so the rest of us ahould be allowed to kill with impunity!

Re: eBay is persecuting me

iamanark — Mon, 09 Sep 2013 01:46:25 GMT

What a ridiculous analogy, comparing something on ebay to murder

Some of us are in the gutter; some of us will stay there