Trademark Violations on eBay?

Full Member
ecoz24
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Joined: 23 Oct 06
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22 Jan 10 10:49:38 pm
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.

Full Member
colooney
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23 Jan 10 10:24:16 am
same has happened to me, this week i spent more on fee's and then paypal holds my payments so I had to return because I dont have the cash to pay up front.

Full Member
dwmgoods35
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23 Jan 10 04:20:55 pm
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.

Full Member
ecoz24
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23 Jan 10 08:45:38 pm
I get them from FragranceX.com, I have bought from them before for myself to try out their products and even gave some away as gifts so I know they aren't fake. So I don't get it. How can I describe the product without using the brand name in the title? Or do you mean to put 'Authentic CK Eternity Women's 3 Pc Gift Set' or '100% REAL Joop! Men's Gift Set' ?

Site Admin
fudjj
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23 Jan 10 09:31:14 pm
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!


Mark (fudjj)

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Full Member
ecoz24
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25 Jan 10 02:36:09 am
Thanks for the advice fudjj! Yes I believe are a buyer of liquidated fragrances, and also carry discontinued ones as well.

I have a feeling it was just to get my listings knocked out, b/c I even looked for them on the VeRO list and guess what, couldn't find them anywhere on the list. I've also emailed the accusers asking for clarification, and haven't gotten a reply back, but then again maybe it's cuz it's the weekend.

I will update if I have progress or questions!

Site Admin
fudjj
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25 Jan 10 04:25:48 am
No problems ecoz, looking forward to hearing how you get on with it.

Good luck!


Mark (fudjj)

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Full Member
dwmgoods35
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25 Jan 10 05:19:40 am
Thats not a bad idea ecoz24 But a word of Caution with emailing accusers, That could backfire on you if they indeed were not involved but rather they can then see that your selling the same items they are and then they can pull one on you too. They can also contact eBay and complain of falsely accusing another user of something and you know how eBay works, once they get complaints they have no other choice but to take further action.

Full Member
planes
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25 Jan 10 05:23:44 am
Please visit this link I have provided for Salehoo members. This should resolve wrongly pulled items.

Link hidden: Login to view

Full Member
ecoz24
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25 Jan 10 06:03:47 am
We encourage you to speak directly with the rights owner in order to better understand their position in the matter and to help avoid future complaints and disputes.
So that's why I emailed the 'accusers'. (accusers was faster than remembering the full name lol) This is all very new to me so I really have no clue what to expect or do right for that matter.

Thanks planes for the link, not sure if it would apply to me cuz I would have used FragranceX's drop ship service. So many changes on eBay, I don't think I'll ever know what's ok to sell there. I think it's time to start up a competition site for FeeBay, cuz FeeBay is only good for buying.

Full Member
ecoz24
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26 Jan 10 06:46:33 pm
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.

Full Member
planes
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27 Jan 10 03:37:33 am
for the link, not sure if it would apply to me cuz I would have used FragranceX's drop ship service. So many changes on eBay, I don't think I'll ever know what's ok to sell there. I think it's time to start up a competition site for FeeBay, cuz FeeBay is only good for buying.


I put the form up due in part to your post. It most definitely would apply to your eBay listing. Just as long as you know for certain the items are authentic.
Forget about dealing with Coty. Send the form off to eBay so you can get your listing back up.

Site Admin
fudjj
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27 Jan 10 03:52:44 am
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!


Mark (fudjj)

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Full Member
ecoz24
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31 Jan 10 04:15:27 am
Thanks planes & fudjj! I waited the recommended 5 days and still nothing so eBay will be hearing from me and hopefully I can get somewhere. Will update as soon as I have something :)

Full Member
ecoz24
Posts: 7
Joined: 23 Oct 06
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4 Feb 10 11:07:30 pm
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?

Full Member
planes
Posts: 839
Joined: 19 Jul 07
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19 Feb 10 06:50:38 am
Let us know the outcome.

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