Everything You Ever Wanted to Know About the eBay VeRO Program

VeRO stands for Verified Rights owner. eBay has ano and tell them that if they don't forward the
program by which rights holders can stop the sale ofcounternotice I will file a complaint with the US
infringing items.Too often VeRO is used to controlAttorney for California.I have had 17 VeRO
the secondary market by companies who do nottakedowns, 14 cases settled in federal court, one
wish their items sold on eBay.Early in the 2000's eBayexpired counternotice and one case I lost when the
actually verified that the individual claiming rights wasjudge ruled that it didn't matter that the VeRO
the rights holder. Now anyone with a fax machinemember was an attorney, training and expertise had
and a willingness to lie can shut down compeititorno bearing and as long as he said "good faith belief"
auctions.If you are shut down by a VeRO memberhe didn't have to prove it any further.Never threaten
do not "guess" as to what you may have donethe VeRO member with a lawsuit, that is all they
wrong and relist your item. You can be shut downneed to take you into court. If however they
again and suspended. The first step is to contact thethreaten you, that's all you need. The counternotice
VeRO member and simply ask why you were shutestablishes jurisdication where you live, they have to
down. Make sure you are in the right, be sure of thecome to you. I've been the reason that many
products you are selling. If you bought a LV purselawyers have enjoyed an all expense paid trip to the
for $25 and try to sell it on eBay as authentic you willwonderful state of Colorado.Remember that eBay
get shut down, and you should.Start an email folderkeeps score, you may decide it's not worthwhile to
and keep all correspondence with the VeRO member.fight the first VeRO takedown, or even the second.
Keep it professional. You never know when it willBut then when you are suspended for the third then
become a matter of record.If however you areyou have a problem. A lot of VeRO members are
selling legit merchandise the you can afford to get innot used to people questioning them and getting in
the VeRO member's face. When they shut downtheir face. Often they will back down and retract the
your auction they use provisions of the DMCA. Asktakedown. That is important, make sure they copy
the VeRO member if they know the penalties foryou into the email to eBay.Remember two important
misrepresentation under 17 U.S.C. 512(f)You have thefederal doctrines:First Sale Doctrine - once the owner
option of filing a counternotice if you can pry it outof a copyright item places the item in the stream of
of eBays hands. That is tough, eBay doesn't seem tocommerce by selling it he loses his exclusive
want to get involved in the counternotice process. Ifstatutory right to control it's distribution. (copyright
the VeRO member claims trademark issues eBay willlaw)Fair Use Doctine - you can use the trademarked
refuse to forward the counternotice at all. eBay willname of the item you are selling - ie: you can use
ask for proof of your identity when filing theCoke if you are selling a coke item. (trademark
counternotice. You don't need to provide this. Thelaw)You can fight back, I've had contact with quite a
DMCA does not require this nor does eBay bother tofew sellers who have fought back and gotten their
actually even "verify" the rights holder. Usually whenrecords cleared, you can also.
they tell me to provide proof of identification I say