A post from 2013 detailing how one eBay user was pushed out of business due to a rivals false trademark claims and abuse of eBay’s VERO program. It basically points out eBay don’t even bother to check if the so called rights owner is the rights owner and leaves you with no way to appeal basically washing there hands of there matter and telling you to sort the issue out with the person/company making the claims, can see that ending well…
Ebay item removed due to rival’s false trademark claim?
I’ve been selling a food supplement on Ebay since spring this year, and it was selling quite slowly until about a month ago when it suddenly “took off”, maybe because we got on the first page of that category.
In the past couple of weeks we had £300 to £600 worth of sales per day, and increasing almost every day. I had begun to start the process of buying equipment, bulk materials, looking for staff, franking machines, etc.
2 days ago I received an email from Ebay notifying me that the items had been removed due to a Vero trademark claim from a rival seller. Although the rival seller owns the trademark on (for instance) “A1 Weight Reducer”, my product is called “A1 Strong Pill”, and “A1” is a generic non-trademarked term used by almost manufacturers for many years. (I am not using the actual terms here, but ones to give you an idea of the situation).
I suspect this was a malicious action simply to stop competition from a smaller company whose product was appearing next to their product in the search, and they felt taking away from their sales.
Also they do not appear to have taken action on any other “A1” products, many of which have much more similar names to the trademark e.g. “A1 Super Weight Reducer” but are of similar price per unit.
2 days ago I tried explaining this to Ebay on the ‘phone, only for them to insist I contact the rival seller by e-mail asking for an explanation. I did this very politely, but obviously have got no reply.
I have contacted Ebay again this afternoon, and they can only suggest that I write to their legal team in Switzerland by post! But ultimately, the staffer advised that they cannot reinstate the listings until the trademark owner asks them to do so. They said that some court ruling in the USA years ago obliges them to remove any item if a trademark owner complains, even if the complaint has no basis!
I am here to enquire what is the best course of action… sue the rival company? invoice them for lost sales?
At the moment sales have gone down to zero, as all our other products are in development and we cannot list on Ebay for 7 days for breaching their policy (although they are still taking the £19.99 a month shop fee!).
thanks in advance
The best reply :
Yes I did. Ebay does what Ebay does. There is pretty much nothing you can do about it. What you can do is change the name of the product but the chances of you getting your product back on ebay are about zero.
You are not the first person who has been shafted on ebay and you won’t be the last. The other person obviously doesn’t want you to sell your products so isn’t going resolve the issue. Have you written to Switzerland yet?
Sad truth that it is in fact game over, eBay just don’t care.