Trademark Violations on eBay?

Hi Everyone!

Does anyone have experience with listings being removed due to trademark violations on eBay? I had 4 listings, now only have 1 due to this problem.

I have had an eBay account since 2005, mostly as a buyer. I recently found I could make a small profit with Fragrance gift sets. I have a supplier and they can dropship the order for me. I have an account with them so I am able to use their pictures and descriptions. There was no watermark on the pictures. So I don't know where the violation is, why can other sellers sell the same gift sets but I can't?

My listing looked almost like this one: Link hidden: Login to view Even stated that I do not sell knockoffs or imitations. Even had the same picture.

The rights owner is listed as Coty Prestige Lancaster Group GmbH. Are they trying to say that only they are allowed to sell Calvin Klein and Joop! fragrances?

I am very confused by this. I'm sorry by my attempt at trying to explain this but I am just trying to understand what happened. I was really excited after researching and thought I could make a small profit off this niche only to find myself really starting to hate eBay cuz you basically can't sell anything anymore.

I don't have a lot of money so dropshipping is the only way right now. I barely have enough for listing fees. I have been laid off since Nov 2008 and can't find a normal job anywhere.

Hello,

It seems to me that its not the pictures or descriptions your using but rather the products your selling are indeed fake. Where are you getting your products from if you don't mind me asking? It can also have your listings removed if your using strick brand names in your title, description and stating its authentic or somewhere in the lines of telling the customer its the real product.

I don't know much of FragranceX personally, but do know they used to be a buyer of liquidated fragances from a resource I used to use, and my understanding of these guys are that they were a distributor of genuine products.

If I were you I would contact them and ask for a letter (email) of product authentication, then contact ebay and inform them of the situation, and forward the authentication confirmation to them.

Ebay will almost always act on any copyright breach reported to them, true or not. If you feel that there is a misunderstanding or that the complaint was malicious and only intended to remove your listings by a competitor, then contact ebay and always ask for clarification, and bring proof to back yourself up!

No problems ecoz, looking forward to hearing how you get on with it.

Good luck!

Please visit this link I have provided for Salehoo members. This should resolve wrongly pulled items.

Link hidden: Login to view

Ok this is all I got from FragranceX:

Thank you for your email and for visiting FragranceX.com. Please note that
all products are 100% authentic and original brand names. We do not sell
any knockoffs or imitations.

We also have a 30 day money back guarantee (see FragranceX.com for
details.) We look forward to serving you soon. If you have any questions
please call us at 1-888-557-3738 or outside the USA at 001-718-482-6970.

Victor Maisonave
FragranceX.com Inc.
Link hidden: Login to view
718-482-6970 Phone
718-482-6964 Fax
Call us toll free 1-888-557-3738
The World's Largest Fragrance Outlet
Shop over 15,000 brand name fragrances, skincare and cosmetics products at
Link hidden: Login to view.

Is this good enough? Oh and still no reply from the Coty company that got my listings pulled.

Yep, Planes has that spot on.

I know ebay would prefer you to deal with them to clear the situation up between you, let's face it, saves them time doing it.

You've played their game, the other side won't return serve so now it's time to get this in front of their noses, and that form will do just that.

Regarding what X sent you, it may not hold much water as ebay will be looking for proof of authentication. A simply email saying were trustworthy won't often cut it with ebay.

Try it to start with, then if it doesn't wash with them you should ask X to provide you with authentication proof. This can be supporting documentation from the brand owners who's rage they are selling, or it can be by way of a legal letter stating the fact that their products are genuine.

Both of those options will be 100% acceptable!

Here's my reply from eBay:

'Thank you for writing eBay in regard to your eBay listing.

170435353439 - Joop by Joop New Gift Set 2.5oz EDT + 2.5oz Deoderant
170435365555 - *NIB Eternity Calvin Klein for Women 3 Piece Gift Set*
170435354319 - Joop by Joop New Gift Set 4.2oz EDT + 2.5oz Aftershave

We understand that you haven't received a response from Coty Prestige
Lancaster Group GmbH. We've contacted the rights owner and encouraged
them to communicate with you about the listing that was removed.

-- Important --
We strongly recommend that you *do not* relist this item or listings
like it until you can reach a resolution with the VeRO participant. If
you relist or create similar listings before you have resolved this
matter, you may be still infringing on the VeRO participant's rights.
This may result in a range of actions, including listing cancellation,
limits on account privileges, account suspension, forfeit of eBay fees
on canceled listings, and loss of PowerSeller status.

To learn more about intellectual property rights and the eBay Verified
Rights Owner (VeRO) Program, visit:
Link hidden: Login to view

If you need further assistance, please don't hesitate to reply to this
email and let us know.

Sincerely,
Murray

eBay Customer Support
Trust and Safety Operations'

So time for the form that planes posted?