Rights violation listing removed

[timfairless]

I have had a listing for a Louis Vuitton shawl removed because it wa said to violate "rights". I won the shawl. It is a genuine Louis Vuitton Monogram shawl still in the original packaging with the LV labels. The person who bought the shawl assures me that it is authentic.  She gave it as a prize in a golf competition. She is a wealthy woman and had no desire to buy counterfeit items.  eBay say that there is a concern about the shawl without giving any information other than to say that it is a violation of rights. I think my rights have been violated too, so where do I stand in this matter?

I am sure that it is a genuine Louis Vuitton shawl. I won it. I do not want it. I want to sell it.

Why is this prohibited?

What can be done to rectify this problem?

Thank you

[ruby*tuesday]

Read Corred's post from 12.07. That clearly explains how the situation is actually nothing to do with an Item being authentic or not. It is protecting the Brand Owners Rights.

[redwick1]

Some rights owners do not like their items sold on ebay.

If they report to ebay under the Vero programme then ebay do remove the item

If you list again and it is removed again then ebay will take stronger steps against you 

SEe the whole policy on Vero programme at the bottom of the page.

Ebay owns the site and it is up to them to decide what is and what is not sold

They can not take any risks if the brand owner or even another member reports a listing 

You dont have any rights to go against ebay policy

[ruby*tuesday]

The complaints are initiated by LV. See Vero at the very foot of the Page.

[corred]

@timfairless 

• Unfortunately the brand are a VeRO company
•
• It does not matter if you have COA, original box, receipt etc or not....they can be faked like the item
•
• If eBay remove an item you must NEVER relist it
•
• With VeRO the brand owner complains to eBay suggesting they MAY BE fake......(this is because when fakes are sold it potentially damages the brand reputation)
•
• Once they report them eBay MUST remove them & warn the seller not to relist.....the only way you can sell them is if the brand owner say they are authentic....which as they reported them will not happen......
•
• With VeRO brands only their approved resellers may list them for sale
•
• http://pages.ebay.co.uk/vero/index.html

[timfairless]

Hello corred
I accept that trademark owners must protect their legitimate outlets and authenticity of their products. The world is full of counterfeit junk, the sale of which is basically stealing from the genuine manufacturers.
In this case I have looked at a number of sellers' listings for LV Monogram shawls, and they are a mix of private and business sellers. Perhaps LV or someone else would not have objected if I had listed the shawl as "New other" as opposed to "New"? I will never know as eBay do not provide any explanation other than the one which you have outlined, thank you.
In any event, it's a trivial matter and I'll just sell it somewhere else.
Thank you for your comment.

[timfairless]

Please be aware that I am not casting any doubts or criticising your listings in any way, but I see that you specialise in signed memorabilia. How do eBay verify that they are as described? I could buy old sports shirts and scrawl something across them which looks similar to a signature shown on one of your genuine listings, then advertise it as the real thing. Very difficult to prove that such a fake is a fake, as there is a great deal of inconsistency in signatures, especially when they are applied to soft material with marker pens. For example, I have a football signed by a all the members of a Premier League winning squad, and the signatures are rather indistinct. It was signed in front of an audience at a celebration dinner. I have photographs to prove it, but I doubt that my evidence would stand up in Court as everyone was rather "well-refreshed"!

[corred]

@timfairless 

This is a case of dealing with a very high end brand who's reputation is on the line when it comes to quality

This does not even have anything to do with if the item is authentic or not !!

The reputation of the brand can be damaged if someone sells something claiming to be genuine if it is not & may be inferior quality

For that reason the brand registers under VeRO.....as the verified rights owner.....they & only they can request an item is removed from sale....this is not something done by eBay, they do not decide if the items are authentic or not

The reference you make is not the same ...........

The brand owner registered under VeRO will request the removal no matter if new, as new, like new, used.....it does not matter...a brand may limit used sales to it's own approved resellers

Once a VeRO brand or its agent report & request the removal of an item then it must not be relisted

Most sellers on eBay.....especially those with designer branded goods to sell would consider this policy unfair especially where like you do they know the goods are authentic.....however the policy ,means that where a brand do not want their brand to be potentially tarnished by sales on eBay they will request the removal of those items......sometimes it can simply be that they feel that being advertised on eBay at all lowers the value of a brand normally only found for sale in high end boutiques

I suspect that over 90% of VeRO removal requests are for legitimate & genuine items

Many will consider this an abuse of power by the brands.....but it is unfortunately eBay policy

[*vyolla*]

You can't sell it on eBay.

Some brand owners protect their brand name and have listings removed.

[timfairless]

There are 114 listings for Louis Vuitton shawls (mainly Monogram shawls = identical type to mine) on eBay UK currently. These are being sold by a mix of private and business sellers so it appears that you can sell them on eBay.

[timfairless]

Vyolla, I just opened the packaging for the first time, and checked the sewn in label. It is identical to those shown in listings on eBay, and on the Louis Vuitton website.
Seems to me that eBay have removed the listing on the basis of no evidence. I suppose that eBay will remove all 114 listings in due course. I will watch to see whether or not they do that.
Thanks for your reply.

[ruby*tuesday]

The other 114 haven't been Reported yours has. There is a 'Report Item' Link on every Listing Page if you want to Report the other ones.

[timfairless]

Thanks ruby tuesday, I won't be reporting other listings as I have no basis to prove that they aren't genuine.
It would be helpful if eBay gave their "evidence" that my shawl is not a genuine Louis Vuitton, or had asked me to provide proof that it is genuine. They do not offer those options so it's summary sentencing based upon unverifiable supposition. Thank goodness that it's a trivial matter, and eBay don't have any say in our judicial system!
I'll not lose any sleep over it. I'll just sell it somewhere else.
Thanks for your comment.

[redwick1]

It has nothing to do with it being genuine or not.

If LV do not want their items selling on ebay and are part of the Vero Programme and they or another member report to ebay then ebay remove the item.
The others may not have been spotted yet but will be removed if reported.

In fact you can not actually prove it is genuine anyway as you say you won it and the lady who dontaed was wealthy
That does not prove anything but it would make no difference if you had the receipt and could prove where it was bought.