Abuse from intellectual rights owner

[alf2211]

I have been persecuted on a number of occasions by so called intellectual rights owners with very iffy said rights . My complaint though lies with Ebay who remove listings without supporting information EG the rights refferences that are needed to challange the validation of said rights.

How do we get this info so as to allow me to bring legal challanges.

[alf2211]

No help what so ever,Please read what I requested. Also bare in mind I can also sue. Under UK law a company is duty bound to act in a fair and reasonable manner.

[alf2211]

The guy does not own the brand or in this case image , Hes a chancer

[redwick1]

How rude when someone tries to help and spend their own time in doing so.
At least you got a reply
I read the request and the answer is the same.
It is their site and up to them which items are removed if they think fit
Ebay will not get involved with the matter
If an item is removed then it has been reported by either another member or the brand owner.

If you want to sue then you have every right to do so but ebay will not help you get any information.
Would you like it if they gave your information to just anyone who requested it?
You will have to do it privately for yourself.
Are you the brand owner or do you have the brand owners consent?.

[alf2211]

I think you have missed the point here, We have the rights and others have had our listing removed removed. Tried to register with VERO and sent requested inffo forms and dozens of messages . One year on no progress. As for giving out information as to the supposed rights owners actions is infact a legal obligation and rightly so. You cant just strip somebodies listing fairly without both clarity of the issue and supporting rights.

[redwick1]

I don't think we missed the point at all
You are saying you have the rights to the items you are selling

If your items are being reported then ebay can not take any risks of being prosecuted and will remove items

https://sellercentre.ebay.co.uk/protect-your-intellectual-property

Ebay can remove anything they think fit as it is there site

Your question was " How do we get this info so as to allow me to bring legal challanges.

Ebay would not be able to give out that information under the Data Protection Act
Things were tightened up recenty and rightly so.
If I had someones information I would not be able to give it to anyone else without permission.
I am sure as a business you will know all about GDPR
If you don't then you should and can find all the information on the Gov.uk site

[papso22]

Very old thread, resurrected by the OP.

[captain*obvious]

It is the Vero member's responsibility to give you their contact information.

eBay simply receive a take down request for an item from a member who is registered with their vero program and comply with it accordingly.

eBay's data controller can tell you what information they hold about you and what information they've passed to the vero member about you, their address is on the user agreement.

A word of warning - contesting vero take downs, even if you win, is an exercise in futility because eBay won't reinstate an account they've restricted for repeated vero offences even if you were succesful in taking action against the vero in question.

Intellectual rights law suits are expensive and prolonged - far easier to just stop selling the items in question. Historically, when an eBayer makes too much noise about a vero member, eBay suddenly find other violations in their listings.

In your case, given the products and categories you sell in, if you push too hard they'll have no difficulty in justifying restricting your account.

[alf2211]

Thanks for your reply T but your well off the mark here. You suggest it is easier to stop selling these items yet it is us who has the registered rights .
Be very interested to know your thoughts now you understand the matter a little further now.

[*vyolla*]

If you have the registered rights why did you send yourself a VeRO notice and get your own listings removed?

Seems daft.

[papso22]

This thread started 18 months ago, very strange.

[captain*obvious]

''Be very interested to know your thoughts now you understand the matter a little further now''

My thoughts are these, your items are now listed in the correct category - if you're the registered rights owner then register with vero.

No offence, but I couldn't remember what you sold as its been a long time since this thread was posted. I'd advise you to add a caveat to your future posts warning people that you sell ''sexual wellness'' products.

I'm not being a prude, it's the old NSFW content advisory, or not NSFH in my case 😉

[*vyolla*]

You'll need to deal with the brand owners and/or take legal advice.

eBay have to act if they are told to by the verified rights owner.

[red_magpie]

so called intellectual rights owners

There's no pointing complaining about "so called intellectual rights owners".

If eBay has accepted their credentials for the VERO programme you have to accept this.

If you repeatedly receive warnings for brand rights violation you will put your account at risk.

[alf2211]

I think you wil find the law may have a small part to play even with Ebay. By withholding key information as they do breaches said laws

[redwick1]

I think you will find that ebay are well aware of the law on Vero rights.

That is why the policy is on place

Also they can not just give out members details to anyone due to the law on GSPR.

As a business you will know all about that and if you dont then all the information is on Gov.uk

[redwick1]

Just realised that this is an old post 06.04.2018
Somehow got back to the top of the thread
Seemed to remember replying to it before

[papso22]

The OP decided to come back yesterday and have a pop at T1.

[redwick1]

Ebay plays it safe with brand owners as they could lose a lot of money if sued.

So could you if tried to challange the brabd owners and lost

Go to the bottom of the page and then see the ebay policy on the Vero Programme

Some brand owners do not like their items on ebay