eBay VeRO notice and Counter-notice

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plexus
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eBay VeRO notice and Counter-notice

Post by plexus » Wed Jan 07, 2009 1:47 pm

In December, I had an eBay listing removed by the BSA through eBay's VeRO program, for a copy of Photoshop CS3. Admittedly, the listing didn't have any photographs, but did include product codes (not serial numbers) and enough information to show it was a genuine item rather than one of the many counterfeits that can be seen... at least, the information should help identify it as genuine to the people who SHOULD be filing them for removal!

When I objected, they told me to send them photographs of the packaging, which I duly did.. again, proving the item to be genuine, and not in any way infringing (copyright OR trademark!).
Since then, they have completely ignored me. I've proved the item was genuine, but they flatly refuse to answer my emails or admit their mistake and get eBay to revoke the NOCI against my listing.

Even eBay haven't had a response from the BSA about it!

I had a couple of these for sale, one sealed, which is the listing they removed, and one opened, but unused and unregistered. I listed this one a few days ago, since it's not the same physical item as the previous one which I'm still demanding reinstatement of.

In the latest listing, I made sure I took enough close up photos to prove it's genuine again, and even gave country of origin, LOT code numbers etc, and also pointed out that I'm only selling inside the EU, same as my last listing, so it would not be breaching parallel import policies.. I also pointed out it's selling cheap because it's no longer a current product and people can't be expected to pay near full price for old products...

The BSA have removed this listing as well! They obviously aren't investigating suspicious listings at all, but just 'blanket' bombing anything below a certain price in order to reach their takedown targets.

I filed a Counterclaim notice, but eBay's VeRO team claim that they don't apply to UK sellers, only to sellers in the United States.. despite the fact that the Counter Notice states that I consent to the jurisdiction of the Federal District Court, California.

So I would like to know:

1. Are eBay correct? Can I not file a counter-notice against the incorrect Notice of Claimed Infringements?

2. Are the BSA guilty of perjury, since they requested evidence to prove the items are genuine, but are still not doing anything to resolve the issue, or respond to my emails.

3. Do I have ANY legal protection or comeback against a Notice of Claimed Infringement, or am I just assumed to be guilty, with no way of clearing my name?
(My eBay account has been prevented from listing further items)

Any advice would be welcome, thanks!

Dknight
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Post by Dknight » Sun Apr 12, 2009 3:36 pm

hi mate

ive had a big run in with ebay and their "vero" scheme

basically they dont give a shit, they clearly state they dont get involved with cases, so if A says B needs removing, they remove it

and dont query it.

And they dont have phone's in the vero department!

I strongly suggest taking ebay to the small claims, as they are stopping you selling with no reason to

they HAVE to respond to the claim, so it might just kick up enough fuss for them to do something!

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