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My listing removed by eBay VeRO/ Poor Policy Compliance

My listing was removed by eBay  >  Request from a copyright/trademark owner to remove your listing

I honestly got into this pickle and feel upset ..... here's my story and a warning for you!


So the point of this is how am I to know I'm supposed to use the word 'genuine' in the listing title?
Since the honest information I input into the eBay sellers listing tool - came up with the title and product information ...
then why didn't it have the word 'genuine' or any of the other options required by the copyright of the company?

What if this happens again?
Why did my policy compliance rating go from 'good' right past 'fair' to 'poor'?
Why do I have a poor compliance rating for 90 days and a threat to loose my 'powerseller' rating?

I say not fair!

Either put my rating back up to good, or correct this situation where the eBay seller tool leads us merrily down the road to

'IMPORTANT NOTICE: Repeated violations of this or other eBay policies may result in the suspension of your account.'

here's how it happened to me:

I clicked Sell, input the information required for printer ink, and up popped the title, as well as detailed information plus a selection of product photos... ta da easy! I listed my printer ink. Not so faaaaast!
   
MC019 eBay Listing Removed: Trademark Violation - Unauthorised Listing Content ( 218481389)

Dear mermaid142(oceaninteriors@eastlink.ca),

Thank you for your recent auction-style listing on eBay. Unfortunately, we removed the following item(s):

370064510276 - EPSON T044320 MAGENTA Epson Stylus Ink Cartridge NEW

because Seiko Epson Corp reported it to us for violating their intellectual property rights.  When eBay is notified by a rights owner of an intellectual property rights infringement, eBay must remove the item in order to meet certain legal requirements.

The following information may help explain the reason for your listing(s) removal:

The misuse of a trademark is unlawful and against eBay's policies. A trademark is a unique sign (such as a name, word, phrase, logo, or symbol) that a company uses to uniquely identify its products or services. Trademark misuse includes potentially confusing comparisons to another branded item, selling counterfeit or replica items, and keyword spamming.

Guideline: If the listing you are creating contains the brand name or logo of a company, but you are not selling that other branded product, your reference to that other brand may constitute a trademark infringement. In such cases, you should modify the listing to delete references to that other brand or logo. It is illegal and against eBay's policies to use a party or company's brand name as part of your listing to falsely imply connection between you and the brand owner, or a false sponsorship or endorsement of your listing by the brand owner.

For more information visit the following Help page:
http://pages.ebay.ca/help/tp/trademark.html

To learn more about using brand names in your listing, please visit:
http://pages.ebay.ca/help/policies/keyword-spam.html

Questions about the specific violation should be addressed to Seiko Epson Corp

You can send an email to: vernon.fragnito@exc.epson.co.jp
For more information on how eBay protects Intellectual Property, please visit the following Help page:
http://pages.ebay.ca/help/tp/programs-vero-ov.html

Your eBay fees for this item have been credited to your account. All bidders on this item have been notified of its cancellation.

IMPORTANT NOTICE: Repeated violations of this or other eBay policies may result in the suspension of your account.

eBay understands that it can be frustrating to have a listing removed. If you have further questions, you can take the following steps:

- Take eBay's brief tutorial on Intellectual Property Policies and VeRO
- Read the ended listings FAQ at http://pages.ebay.ca/help/confidence/vero-removed-listing.html
- Ask eBay a question using the link on the above help page

Your listing(s) may be eligible for relisting through My eBay. If your listing is eligible, you will see the listing in your Unsold Items page within My eBay. Listings that are not eligible for relisting will not be visible in the Unsold Items page.

To relist your item, log in to eBay, go to My eBay to your Unsold items, and select the item that was canceled -- it's highlighted with a yellow banner. Before relisting, please make any changes necessary to ensure that your revised listing is in compliance with the law and eBay policies. You might want to check your other listings for similar violations as well.

Thank you in advance for your cooperation.

Regards,

VeRO Program
eBay Trust & Safety

I read every tutorial, I still didn't understand what I'd done wrong, I phoned Powersellers Help and they told me to email the company. Which I did - here's the response:

Dear Lynn,

The guidelines for posting an auction for Epson ink cartridges is as follows:

The auction title must contain one of the following terms to clearly identify the product.
1) compatible
2) non-genuine
3) non-OEM
4) genuine

The words "comp" or "compat" or "4" are not acceptable within the title. Also, make sure if you use a thumbnail photo in the description closely matches the auction title. For example, if you are selling genuine Epson cartridges, make sure the photo depicted is an Epson (genuine) ink product, not a compatible. If you are selling a compatible ink cartridge, make sure you are not using a photo of a genuine Epson ink cartridge.

If you have any further questions, please do not hesitate to contact me.

Vernon Fragnito
Seiko Epson Corporation
Trademark Enforcement Dept
Hirooka City, Japan

So the point of this is how am I to know I'm supposed to use the word 'genuine' in the listing title? Since my information I input into the eBay sellers listing tool - came up with the title and product information then why didn't it have the word 'genuine' or any of the other options required by the copyright of the company? What if this happens again? Why do I have a poor compliance rating for 90 days and a threat to loose my 'powerseller' rating? I say not fair - either put my rating back up to good, or correct this situation where the eBay seller tool leads merrily down the road to 'IMPORTANT NOTICE: Repeated violations of this or other eBay policies may result in the suspension of your account.'


Good luck, it would be nice to not to have been lead by eBay into a trap and then spanked by them. Make sure you follow up on these things, and check your sellers dashboard frequently or you may be in for a nasty surprise.


Regards, the mermaid




Author information
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