Authorisation to sell used clothes from registered IP owner?

[the.manx]

Good Afternoon Guys,

Long time browser, first time poster.

I recenty received a 3-Day restriction on my account after a listing of mine - a used Fila jumper - was flagged by the good people at Fila.

I've been selling on eBay for a few years and have learned to do my due dilligence on counterfeits after a few of my listings have been pulled over the years. However, I assumed I had let one slip through the cracks and listed a fake item as part of eBay's mesage confirming my ban read:

"Your listing was reported by Fila Luxembourg S.a.r.l for offering a counterfeit item.  eBay’s Verified Rights Owner (VeRO) programme offers intellectual property rights owner(s) a way to report listings that they believe infringe on their rights "

Wanting to clear this up I contacted eBay who told me that the item was not counterfeit but instead that I did not have the express permission from Fila to sell their products on eBay. Whats more, the fella I talked to said that a number of big brands  also require this permission (he was quite tight lipped but I did manage to coax Adidas out of him).

This appeared odd to me as eBay seems to be the place to sell your used clothes these days and Fila is a relatively desirable brand and so eBay would somewhat be shooting themselves in the foot for agreeing to punish and ban their sellers for listing a prolific and profitable brand.

Has anyone else here had a similar issue? Is it correct that I must contact a number of brands for permission to sell their products in used condition? If so is said authorisation easily obtained of should I prepare to restructure my business to just selling BNWT Primark socks?

Any information you guys could provide would be greatly appreciated. Happy Listing.

[1956glyn]

Hi

Have a read about Vero protecting intellectual property at the bottom of the page

To be honest quite a few brand owners only allow their items to be sold through official outlets and if they contact Ebay then Ebay will remove the offending items

I must admit this is, to my knowledge, usually high value brand owners like Chanel etc etc 

The first part of your post did make me smile "Long time browser, first time poster."  🙂

So you are more of a lurker? lol 

[the.manx]

Hi,
Thank you for your response.
Yes, definitely a lurker. Every time eBay does something that offends my sensibilities I'm straight to here looking for some catharsis.

Thanks for the heads up on the Vero pages. Have been scowering them ever since the restriction. And I dont like biting the hand that feeds but they are a little vague (as can be the case with eBay policy).

I guess I am just a little confused, I completely understand companies only wanting to sell new items through official outlets but that just doesn't seem right for used clothes - I figured that once you own something it a (relatively) free to do what you will with it. But maybe that's just because used clothes is the business model I have chosen and am showing some bias to that regard.

My concern is that I now have to worry that any number of companies can now have a similar affect on my business with no heads up on my unknown infraction and there may come a time when a large percentage of the common brands that I sell will no longer allow me to do so.

Anyway, thank you very much for your response and potentially reading my anxious ramblings of a reply.

[1956glyn]

You are welcome. To be honest.....because of what you are experiencing i do not list clothes as generally it is a bit of a minefield