Does ebay ever act on fake brand sellers?

So, lately I've taken an interest in big brand beauty products, especially those sold in Australia. It didn't take long at all to realise that the market is completely swamped with sellers, invariably coming out of China (and often falsely claiming they are Australian), who blatantly mislead by listing their **bleep** knock-off brands with not only the real brand name in the title, but with the (no doubt copyrighted) images from the brand's website.

 

 

Their "escape clause" is to put "unbranded" in the little-noticed 'brand' field. No doubt they will point to that if ever they are challenged. Yet, how on earth can they get away with blatantly lying in the title itself - by listing it as a big-name brand that it is obviously not? And then having the hide to use the images of the brand they are knocking off?

 

I've sent a 'fake listing' feedback to ebay on one of them, I have no idea if ebay will do anything about it. I'm guessing that the high turnover these sellers get means that ebay is doing pretty well off them. I wonder if its worth contacting the companies of the brands themselves to tell them ebay is allowing knock-offs? But its just staggering to see how rampant this practice is. My guess is these scammers just seemlessly jump from one account to another as soon as they are shut down, and whatever profits they make for each account makes their business model worth it.

 

Anyway, probably stating the obvious, but tell-tale signs to look out for to spot these scammers (apart from the ridiculously low price tag) is the 'unbranded' tag I mentioned before, and also feedback - despite their obvious use of sock puppets to give them as much positive feedback as possible, they invariably have a terrible feedback rating.

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Does ebay ever act on fake brand sellers?

imastawka
Honored Contributor

Ebay can't take your word for it.

 

You may be a competitor or disgruntled buyer.

 

Only the owner of the brand can have ebay take down the listings.

 

Contact the owner and advise them.

 

https://www.ebay.com.au/help/policies/listing-policies/selling-policies/intellectual-property-vero-p...

 

VERO participant pages -

 

https://pages.ebay.com/seller-center/listing-and-marketing/verified-rights-owner-program.html#m17-1-...

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Does ebay ever act on fake brand sellers?


@imastawka wrote:

Ebay can't take your word for it.

 


They don't have to - they actually admit themselves that they are not selling the brand when they mark the brand field as "unbranded". This is their escape clause, but it also incrimininates them for using the brand name and pictures in their listing - in such a blatantly misleading way.

 

It actually should be exceedingly easy for ebay to scan and act on this - just search for the 'unbranded' field in listings which are using the brand images and name in the title. Simples. But as I said, ebay has a vested interest in allowing these scammers with such a high turnover rate to continue.

 

Anyway, I'll take your advise and go directly to the brand owner, thanks.

 

 

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Does ebay ever act on fake brand sellers?

Ebay don't have the resources to scan every listing they have, worldwide.

 

They rely on members to report any and all problems.

 

But, yes, they do have a vested interest in any fvf's that are generated by any listing.

 

Contacting the brand owner is your only option.

 

Mind you, I have contacted a copyright owner to inform them of breaches that I know of, only to be ignored.

 

I have even provided links.

 

The listings remain and more are appearing.    shrug.gif

 

You can only do so much...............

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Does ebay ever act on fake brand sellers?

@acedrian77,

 

When it comes to Chinese sellers, the case is different than when it comes to Australian, UK, American, Italian, German, etc., sellers.

 

That's because the Chinese government itself tacitly or actively permits copying of brands and the selling of fakes to the lucrative western market. Intellectual property laws in China are striking in their difference to western laws concerning IP.

 

For an explanation of eBay in China, see my post here (in particular the spoiler).

 

eBay Australia has no power to compel eBay China to play fair, according to Australian consumer guidelines. Even if you complain about a Chinese seller blatantly selling fakes, and even if the CS rep is sympathetic to your complaint and can see that the seller is indeed selling fakes, that CS rep hasn't the authority to take down that seller's listings. Chinese eBay sellers are under eBay.cn's jurisdiction, and eBay.cn operates according to Chinese law and Chinese custom.

 

You're absolutely right about the plethora of big-name brands in makeup and beauty products being faked to the maximum by Chinese sellers in particular. For that matter, I established to my satisfaction that a large beauty product website in Australia and a large chain of pharmacies selling beauty products and perfumes must be obtaining their goods primarily from Asian sellers who claim to be legitimate... thus clearly operating as exporters of grey / parallel goods. Were those products indeed parallel goods, all well and good for the end user - but I am certain that they are not. I tested one particular perfume against a bottle that I'd bought from a known authorised seller... and one nail polish, ditto. That polish was not genuinely Chanel. (Wrong texture. The colour itself was convincing.) Re the perfume... I could tell that, while the top notes of the imitation were very good, confusingly similar to the real perfume, the middle notes were a little off, and the base notes (that final triumphant lingering confluence of scents that should carry the body of the perfume with the middle notes right through the day) were wrong, wrong, wrong.

 

(For the record, it was Bvlgaria Rose Essentielle.)

 

There's only one solution for the purchaser. Buy from authorised sellers only. The companies are only too happy to tell you about their authorised sellers, and which one is closest to you - but very often those companies also have the authorised sellers listed on their website, which saves a phone call.

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Does ebay ever act on fake brand sellers?

acedrian77, 

are you seriously so dilligent, mucking around, emailing people, wasting your precious time - all that for something that doesn't even belong to you!

What do you care what they sell, surely that would be the look out of the rights brand owner.

Let them spend the time trawling through thousands of listings.

That is their job, not yours.

I have rang Chanel store in Sydney to report something - they were most apatethic and uninterested. I have decided there and then - never again! They don't pay me for my time, and even if they get the info for free they are not in the slightest bit interested.

Also Target stores were selling fake Mac or Estee Lauder cosmetics for ages  (can't remember which of the two, or maybe both of them), before they got finally sprang and heavily fined - and they did say that all the people who were buying that stuff never (not even one of them) came back to say the products were no good!

So, unless you belong to some humanitarian organisation and investigate wrong things in the public interest - forget it - no one will thank you for it, those "high rollers" not, I mean cheapskates will still continue to buy them no matter what.

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Does ebay ever act on fake brand sellers?


@countessalmirena wrote:

 

 

eBay Australia has no power to compel eBay China to play fair, according to Australian consumer guidelines. Even if you complain about a Chinese seller blatantly selling fakes, and even if the CS rep is sympathetic to your complaint and can see that the seller is indeed selling fakes, that CS rep hasn't the authority to take down that seller's listings. Chinese eBay sellers are under eBay.cn's jurisdiction, and eBay.cn operates according to Chinese law and Chinese custom.

 

 


It's a little more insidious than that - the sellers are under China's jurisdiction, so the excuse is that they can't take action against the sellers themseves (that is, reprimands like restricting listing activity etc), but if they are listing on eBay AU (or any site other than eBay CN), their listings are not, making eBay's lack of action against fraudulent listings that much more wilful. A CS rep can't take down a listing, but trust & safety can (they still won't generally accept reports from the public about fake items, that's more of a legal issue, but I guarantee if Versace or Swarovski get in touch and say "these listings right here, officer", eBay aren't gonna go "that's eBay CN's jurisdiction"). 

 

Also, eBay sells their search data to them, so that they can quickly tap into the trends - people start searching for "vintage suitcase" a lot? That's how Chinese listings will appear within a week for thousands of "vintage" suitcases. Smiley Sad

 

 

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Does ebay ever act on fake brand sellers?

Yes - but getting to T&S is extraordinarily difficult with - as you say - their also being highly reluctant to accept reports from consumers. The major brands might have more success, but it's a Hydra of a problem.

 

Re the search data being sold... do you mean through Shelftrend, etc.? Or is it directly from eBay to Chinese sellers?

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@countessalmirena wrote:

Yes - but getting to T&S is extraordinarily difficult with - as you say - their also being highly reluctant to accept reports from consumers. The major brands might have more success, but it's a Hydra of a problem.

 

Re the search data being sold... do you mean through Shelftrend, etc.? Or is it directly from eBay to Chinese sellers?


That's not what I meant, really - if you make a report about a seller, Trust & Safety are the ones who are meant to handle it, so whether you submit a report through the listing, through eBay's report form in the help section, or through your regular pleb CS rep, it - theoretically - gets passed on to T&S, and there is literally nothing stopping T&S from taking action against obviously fraudulent listings because all listings on eBay AU are subject to eBay AU T&Cs, regardless of where the seller is registered. eBay AU can't sanction CN sellers...maybe, but they can enforce site policies, end listings, lower search rankings etc. 

 

This means the "it's eBay CN's jurisdiction" is an ill-disguised red herring, and a bogus excuse for why rainbow rose seed listings go untouched, location misrepresentation flourishes, and bait listings continue to annoy everyone. 

 

I meant sold directly - Shelftrend doesn't sell search data near as I can tell, the closest stat I see listed there is search rankings, but they appear to concentrate on what's selling, not what's being looked for, as such, which can be mutually exclusive if there's not much on site that matches the keywords. They do it because of the sheer speed of production in China, which means they give manufacturers over there an incredible heads up, and they ensure they'll have products returned in search that match what people are looking for ASAP (in a manner of speaking). I used to have a source for this but it was years ago that I found the article, and I no longer have a direct link, nor are my google skills good enough to find it through search again Smiley LOL (I landed on it originally by chance). 

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@digital*ghost wrote:

@countessalmirena wrote:

Yes - but getting to T&S is extraordinarily difficult with - as you say - their also being highly reluctant to accept reports from consumers. The major brands might have more success, but it's a Hydra of a problem.

 

Re the search data being sold... do you mean through Shelftrend, etc.? Or is it directly from eBay to Chinese sellers?


[...]  they appear to concentrate on what's selling, not what's being looked for, as such, which can be mutually exclusive if there's not much on site that matches the keywords. They do it because of the sheer speed of production in China, which means they give manufacturers over there an incredible heads up, and they ensure they'll have products returned in search that match what people are looking for ASAP (in a manner of speaking). I used to have a source for this but it was years ago that I found the article, and I no longer have a direct link, nor are my google skills good enough to find it through search again Smiley LOL (I landed on it originally by chance). 

Holy cheap components...! If you do stumble across that source again, I would love to get hold of it!

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