VERO Issue Searched for an item to sell but patent issues

[theglo-68]

Hi

We have been searching for an item and finalised it.  Sold few on fb etc and had good reviews so decided to bring this to ebay.

Noticed a seller who is well established and they won't let us sell claiming this is their patent.  This item is sold all over as unbranded so how come they were allowed to register this patent. Even if you try to sell an item that is of better quality and more features they still report this to VERO and instantaly allowed with our listings removed.

I wanted to ask we know we stand no chance but is it not unreasonable to register a patent that is sold already all over the world with different names etc.

[moldosgifts]

You can't compare FB to Ebay, what have sold a few of on FB clearly are not allowed on Ebay, Unless you beleive the vero is incorrect you can appeal but you really have to have your eveidence and be absolutley sure other wise stick to where you've been selling.

[theglo-68]

Thanks @moldosgifts does this mean if i source a better product - I still cannot sell this item as patent is registered.

[myriad*seller]

There are known to be people who abuse the VERO system and who have things removed that they cannot legally prevent being sold. 

eBay just follow whatever VERO members tell them though, they don't check

You would need legal advice to find out of the VERO holder actually DOES have the right to stop you selling the items 

If you are prepared to spend the money, AND could persuade eBay that the VERO is abusing their rights or does not have the right to stop the sale of the items, then you might be in luck

Otherwise, no, eBay will remove any items the  VERO requests to be removed

[4_bathrooms]

---

@myriad*seller wrote:

eBay just follow whatever VERO members tell them though, they don't check

---

They must check something otherwise anyone could get any of their competitor's listings removed. I'm not suggesting VeRO doesn't get abused but someone filing a NOCI has to provide something to back up their claim. The OP mentioned a patent so the party complaining must have provided a patent or registered design right number; the VeRO message the OP received should give further information. 

[therenewalworkshopltd]

The first question you have to ask yourself, is how do you know whether or not this item is actually patenented?

If it is a generic item, that is being sold in multiple places, then it could simply be, that they are telling you and are unable to back it up with a Vero complaint.

However, if there is even a possibility, is it really a battle that you want, with a product that your not even selling sucessfully yet?

As regards them being able to register a patent, they you would need to talk to the patent office.  Nobody else would be able to answer that question.

A bit of history here would be useful.

You say that this established seller is not letting you sell it.  What exactly have they told you?

I presume that you have started to sell this item.  If it actually is unbranded, then are you selling it as Unbranded?

I must admit that it seems strange that they are threatening under a patent, rather than a brand infringement, which is far more likely.

[4_bathrooms]

---

@theglo-68 wrote:

Noticed a seller who is well established and they won't let us sell claiming this is their patent. 

---

Did the VeRO message provide a patent (or registered design right) number?

Also, where was the item offered for sale? Patents and design rights are territorial; a patent valid in the USA is not valid in the UK - the IP owner would have to register separate patents in each region. If you're enrolled in eBay's Global Shipping Programme or you offered international shipping via some other means you might have offered shipping to a country (usually the USA) where the IP owner is actively enforcing their rights.

---

@theglo-68 wrote:

This item is sold all over as unbranded so how come they were allowed to register this patent.

---

There are lots of things that infringe patents and design rights offered for sale online; some are quite blatant. They're normally sourced from Chinese factories via websites like Alibaba or AliExpress. Patents protect technical aspects of how something works whilst design rights protect the non-technical aspects (i.e. the appearance) of a product. You can't link to the listing here but did the VeRO notice provide any further details?

[ojewellery]

Patents, design rights and trademarks are also geographic.  So a US Patent shouldn't prevent UK useage or sales.

[myriad*seller]

Out of interest, is this a type of shelving unit or similar? (or watch straps??) 

There is another thread about similar experiences from someone selling generic unbranded shelf type units or similar (I forget exactly). 

[myriad*seller]

This is the thread, which gives useful info about geographic patents