Item for sale taken down by Ebay after complaint by Brand, advise required

[phillip40bx]

Howdy all,

I am a Ebay member of over 15 years and have a 100% feedback rating.

So I was most surprised and concnerned when

Ebay contacted me today and have taken down a pair of PG Lite Mens shoes apprently due to my wording that they have a Velcro strap on them, now I have had this item for sale 3 times before without a problem.

Ebay has answered more or less as one would expect them to.

This is part of what their message to me said.

"Thanks for contacting eBay about the removed listing.

I understand that you just include the brand name of the strap of the shoes you are selling and you are concerned as to how it violated our policy.

Upon checking the details of the removal, I can see that it was not reported by other members. We removed your listing since Velcro Industries B. V. requested for it. When participants in our Verified Rights Owner (VeRO) Program notify us that a listing infringes their intellectual property rights, eBay is legally obliged to remove the listing."

I have a supecion anotehr EBay member who made an offer after 3rd auction lisitng ended, which I did not accept as it was below what I was after for the item. Which as a Auction not a Buy it now item, I am wel entitled to do.

Why has it become a problem now and has this member compained to the company who contacted Ebay, I do not know, and Ebay says not.

Would someone mind looking at my description of these shoes and compare with oteh ritems of exactly same brand and description and tell me why this may happen, as if the word Velcro is a issue, then there are 100's if not 1000's of items on Ebay Australia let alone worldwide that are also in vilotration of this.

I wil contact Velcro Indurstries and ask them whow they came across my item out of 1000's and what is the problem. As this has legal issues for most sellers on Ebay.

Example, people who sell Netgear products who are not accredited Netgear resellers.

"PG Lite Cairns-S (3E) Mens Slip on Velcro strap on Black Shoes Size 12 As New.

1 x New pair of Black Men’s Casual Slip on shoes made by PG Lite. With Velcro Straps.

Cairns-S (3E) style.

Size 12.

Worn only once to try on, still in original box as you can see from Photos."

Here is aone item listed in USA the same brand and type of mens shoes for sale now in Australia and in USA.

http://www.ebay.com.au/itm/PG-LITE-Mens-brown-leather-comfort-shoes-size-13-velcro-strap-/1722967185...

And here is a list for Velcro mens shoes.

http://www.ebay.com.au/sch/i.html?_odkw=PG+LITE+Men%27s+velcro&_osacat=0&_from=R40&_trksid=p2045573....

Thanks in advance

Phil

[dylan11235813]

Don't they have magnets now

[heihachi_73]

Who needs Velcro™ and magnets? Where are the automatic shoe-fasteners now that we're beyond 2015? Back to the Future lied to us!!!!

[padi*0409]

Coming to a store near you soon.............hope you've got deep pockets though.

           http://arstechnica.com/gadgets/2016/03/nike-self-lacing-shoes/

[phorum_junkie*]

I can understand why Velcro would object if a non Velcro brand fastening was used as they would have had no control over the product it was used on and if that item was substandard it would reflect badly on the Velcro brand.

[phillip40bx]

Hi all and thanks for replies and sugegstions, sorry for late reply but not been well.

After many emails to Velco and to Ebay, I stil am no wiser what was wrong with listing, neitehr wil specificlaly state why it was aganist the policy which I have read on Ebay re Vero products,

Which states 4 major sentances in regards to misrepresenting their brand name, well I did not make the shoes did I, PG Lite did.

http://www.ebay.com/sch/i.html?_nkw=pg+lite+mens+shoes

Cannot win with Ebay, they hide behidn policy, fair enough, buit Vero are precious with their policy, I would not of had an issue with this, if they had better business pratice of explaing what was wrong with my listing, as what ever it was, many other listings so my soliciotr says would be just as in breach of it. Just seach anything with Velco in listing.

Plus I found dealing with them, Vero unprofessional,a s a business owner of 25 years plus I would never send correspodence to a client or staff without an actuall signatory to it.

I am stil not sure if it is worth jy time but I feel like asking ACCC their view,

Cheers

Phil

[ourphonecase]

No it looks like eBay was playing it safe on their side so they wouldn't be sued from Velcro for allowing a their trademarked to be used on their platform (as it companies can abuse this).

Instead they set up a system so it's easier for them to remove and do it swiftly, while putting the blame on the seller.

I would suggest to not use the "but what about the other sellers selling" excuse as you don't know what happened. Perhaps millions of listings with the word Velcro was listed previously and removed 999900 of them already.

It would be quite impossible to catch them in this case.

My suggestion is , you are very unlikely to win and even if you do something like going to court, it's going to be a David vs Goliath

[ramcycle2010]

Velcro Industries B. V. are rather full of themselves I feel. I'm not interested in using their silly brand name, I'm simply trying to describe something in a way others will understand.

Not even going to bother contacting precious Velcro Industries, but I said this to ebay after they removed my listing containing the descriptor 'Velcro Closure':

"I think it would be fairer to remove the portion of the listing that supposedly infringes, rather than the whole listing. Please consider that a lot of effort went into listing this item in the first place, to completely remove it means that I have to make that effort all over again to relist it (minus the portion that supposedly infringes of course). Hook and Loop Fastener was not a term I was familiar with, whereas Velcro is the generic term used by everyone I know for this type of closure. You have a big job ahead of you to remove the thousands of other seller's listings that include the description Velcro closure. Good luck!"

[buttercup993]

I too had the same problem as I had used the words ''velcro straps''. The listing was removed so now I just say ''adjustable straps''.

[merfar2107]

Me too, and it's the same with 'onesies'

[*tippy*toes*]

I only found out recently what a onesie was. I had no idea what people were talking about, so googled it. Back in the old days, they were generically known as Bond's Suits. I'd imagine people would get jumped on for that now too.