topic Re: Item taken down due to infringement problem! Help!!! in Selling

Item taken down due to infringement problem! Help!!!

elle_luxury — Tue, 04 Mar 2014 10:21:10 GMT

Please help me My authentic item was taken down due to infrindgment issue. I have been selling pre loved designer items for years and this is the very first time this has happened to me. I was selling my authentic Louis Vuitton bag charm which I only purchased last year. The listing even had a picture of the date code (which is an authencity number) and the receipt!!!

This is the message I received….

"After reviewing your eBay account, we've taken the following action:
- Violating listings have been removed. A list of removed items is available further down in this email.
- We have credited all associated fees except for the final value fee for your listing(s).

The listing that was removed appeared to violate eBay policy or a rights owner's trademark. Please remember that you are responsible for the quality and authenticity of the products that you offer on eBay. It is against eBay policy to list any counterfeit items.

For more information please see our Replica, counterfeit items, and unauthorized copies policy:
http://pages.ebay.com.au/help/polici...unterfeit.html

There are multiple concerning factors on the item you are selling. To help us protect your status as a seller on our site, you may consider the following improvements for your listing: - Make sure your item is in the right category. - Building a positive selling history will increase buyer trust in your listings. - If your item has a serial number, authenticity card, or other indicator of legitimacy, we recommend that you include this information and a clear copy of it in your listing, too. -You may have the item authenticated and provide a clear scan of the Certificate of Authenticity in your listing. Or you may provide a copy of your proof of purchase of the item. All fees associated with this listing will be credited accordingly.

Please be sure your current and future listings follow these guidelines, keeping in mind that additional violations could result in the suspension of your account.

If you have additional questions, contact our policy experts.
http://ocsnext.eBay.com.au/ocs/cusr?query=1337&domain=email1418"

I don't know what to do. Has anybody every had this happen to them before? Funny enough, my other authentic Louis Vuitton items are still currently active. Why would they take down one item but not the others? I rely a lot on eBay to list my designer items and now I think my selling credibility may now be jeopardised. Please help!

Re: Item taken down due to infringement problem! Help!!!

*sparklz* — Tue, 04 Mar 2014 10:22:33 GMT

It may be the company have reported the item as they are a member of the VERO program.

Re: Item taken down due to infringement problem! Help!!!

bettyboopsadaisy — Tue, 04 Mar 2014 21:19:03 GMT

You could try again to direct ebay's attention to the proof of authenticity that you originally provided in the listing but I'm not optimistic it will make any difference to the decision ebay has made. In my experience, once ebay has made a decision they rarely reverse it (unless legally forced to !!)

I also sell designer wear and very occasionally assessories and I have learnt over the years which brands to steer clear of as there are so many knock-offs of those labels in the marketplace and people (and apparently ebay as well) are always sure you are trying to sell fakes rather than authentic items. These include Chloe, True Religion and Louis Vuitton.

You may just have to write off this particular item or try selling on another site.

Re: Item taken down due to infringement problem! Help!!!

elle_luxury — Thu, 06 Mar 2014 01:33:41 GMT

Hi, thanks for your responses. I have contacted ebay and they have not responded (I did not even get the automated response!). I dont like being accused of something that is totally unfounded and incorrect. They dont even give me an option to appeal or provide them with further evidence. Can anybody please give advice as to how to contact ebay without gettting the automated responses?

Re: Item taken down due to infringement problem! Help!!!

lyndal1838 — Thu, 06 Mar 2014 02:34:10 GMT

A phone call is the only sure way of getting a response that makes any kind of sense.

Re: Item taken down due to infringement problem! Help!!!

elle_luxury — Thu, 06 Mar 2014 04:58:42 GMT

Hi, I did not see the phone number when I clicked on the contact us....

Anyway I just received an email response from ebay (suprising) and they stated that I listed my item in the wrong category thats why it was pulled down. It would have been nice for them to just state that rather then indicating that my item was a replica. I have been given the green light to relist the item so I hope that when I do it wont be pulled down again. Thanks for your help!

Re: Item taken down due to infringement problem! Help!!!

davewil1964 — Thu, 06 Mar 2014 06:21:27 GMT

Fingers crossed

Re: Item taken down due to infringement problem! Help!!!

wp4qt92p4z — Mon, 28 Apr 2014 02:30:10 GMT

Hi, My listing as been removed, Because i said it was a replica, I bought this watch fron china i know it was a copy, Is a copy the same as replica ?, i'am confused, I look at more items on ebay here are just a few, " 7 PER WAR PROGRAMMES BIG MATCH ALL COPYIES SOLD 54" next "1914 FA CUP FINAL BURNLEY v LIVERPOOL AT CRYSTAL PALACE ALL REPLICA COPY 10 AVAILABLE" "BOLTON v WEST HAM APRIL 28th 1923 FA CUP FINAL COPY ?, and so it goes on. Please help me sort this out, I feel like a crook, By the way it cost me £75 for my watch. Please email me back, Thank you.

Derek.

Re: Item taken down due to infringement problem! Help!!!

2106greencat — Sun, 27 Apr 2014 23:31:20 GMT

You are on the Australian boards, log out of eBay.au and back into aBay.uk and ask this question there.

Re: Item taken down due to infringement problem! Help!!!

letscleanupmycupboards — Mon, 28 Apr 2014 02:50:28 GMT

How can they dictate what can be sold secondhand just because its a brand name?

Re: Item taken down due to infringement problem! Help!!!

cq_tech — Mon, 28 Apr 2014 03:02:09 GMT

Replica / copy = counterfeit. Illegal to import, buy, sell, or even own (in Australia at least).

Re: Item taken down due to infringement problem! Help!!!

*crikey*mate* — Mon, 28 Apr 2014 03:44:29 GMT

@letscleanupmycupboards wrote:
How can they dictate what can be sold secondhand just because its a brand name?

You can sell it, they just don't want you using their copyrighted brand name to sell it. They own the name, they don't want others to use it.

It is a way to keep the exclusivity of their product.

They only want authorixed resellers to sell their product so that when people buy their products they know they are getting the real deal. It's all about buyer confidence.

Re: Item taken down due to infringement problem! Help!!!

cmcoins2000 — Mon, 28 Apr 2014 06:32:12 GMT

It would seem what 'appeared' to violate policy was the nature of the item.

It is a 'knockoff' - meaning the rightful owner of the name & design is being ripped off.

Just as DVD copying ( which of course none of us do ) is considered 'piracy'.

Can't be the word 'replica' - look at listings with REPLICA FIGURES, FAUX PEARLS, REPLICA CARS etc.etc.

Not to forget the listings of REAL IVORY being sold as FAUX (IMITATION) - not difficult to pick - the price is a dead giveaway.

Re: Item taken down due to infringement problem! Help!!!

jpapas01 — Tue, 29 Apr 2014 00:52:41 GMT

I got hammered on 1 item 5 times. Constantly delisted for category and a couple of other things. Just keep replying back to Ebay. I found I was target by another person who just kept reporting. Maybe its wasnt now I read this but Ebay themselves doing something or testing a new system?!

All my other ones were fine. In the end the 5th delisting of the same item was advised it should belong back in a particular category (It was in fact the same category it was first delisted from !) Talk about frustration. I started a thread like you.

Persist and keep replying back to them.

Re: Item taken down due to infringement problem! Help!!!

letscleanupmycupboards — Tue, 29 Apr 2014 11:26:07 GMT

But the OP has said it was genuine. I understand pulling a fake but stopping me selling a used item because its a certain brand.

We'd all be annoyed if Holden or ford decided to do it too.

Re: Item taken down due to infringement problem! Help!!!

j*oono — Tue, 29 Apr 2014 14:54:46 GMT

It may well have been genuine. It probably got reported by someone that doubted it. If the receipt was shown in the listing as the sellers other items do then that should have been enough, but in this case the sellers receipts come from different states and possibly countries. One is a foreign language from what I can see.

If you look at the feedback that is a hell of a lot of designer bags for a private collection.

Also, if you have a replica (fake) you can't sell it on ebay even without naming the supposed brand. If the item is badged with a name. then it can't be sold here and shouldn't be sold anywhere in Australia although markets and stalls get away with it for a while.