| VeRO stands for Verified Rights owner.
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| | no and tell them that if they don't
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| eBay has a program by which rights
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| | forward the counternotice I will file a
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| holders can stop the sale of infringing
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| | complaint with the US Attorney for
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| items.Too often VeRO is used to control
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| | California.I have had 17 VeRO takedowns,
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| the secondary market by companies who do
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| | 14 cases settled in federal court, one
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| not wish their items sold on eBay.Early
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| | expired counternotice and one case I lost
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| in the 2000's eBay actually verified that
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| | when the judge ruled that it didn't
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| the individual claiming rights was the
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| | matter that the VeRO member was an
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| rights holder. Now anyone with a fax
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| | attorney, training and expertise had no
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| machine and a willingness to lie can shut
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| | bearing and as long as he said "good
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| down compeititor auctions.If you are shut
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| | faith belief" he didn't have to prove it
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| down by a VeRO member do not "guess" as
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| | any further.Never threaten the VeRO
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| to what you may have done wrong and
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| | member with a lawsuit, that is all they
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| relist your item. You can be shut down
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| | need to take you into court. If however
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| again and suspended. The first step is
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| | they threaten you, that's all you need.
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| to contact the VeRO member and simply ask
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| | The counternotice establishes
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| why you were shut down. Make sure you
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| | jurisdication where you live, they have
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| are in the right, be sure of the products
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| | to come to you. I've been the reason
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| you are selling. If you bought a LV
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| | that many lawyers have enjoyed an all
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| purse for $25 and try to sell it on eBay
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| | expense paid trip to the wonderful state
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| as authentic you will get shut down, and
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| | of Colorado.Remember that eBay keeps
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| you should.Start an email folder and keep
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| | score, you may decide it's not worthwhile
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| all correspondence with the VeRO member.
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| | to fight the first VeRO takedown, or even
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| Keep it professional. You never know
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| | the second. But then when you are
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| when it will become a matter of record.If
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| | suspended for the third then you have a
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| however you are selling legit merchandise
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| | problem. A lot of VeRO members are not
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| the you can afford to get in the VeRO
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| | used to people questioning them and
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| member's face. When they shut down your
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| | getting in their face. Often they will
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| auction they use provisions of the DMCA.
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| | back down and retract the takedown. That
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| Ask the VeRO member if they know the
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| | is important, make sure they copy you
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| penalties for misrepresentation under 17
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| | into the email to eBay.Remember two
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| U.S.C. 512(f)You have the option of
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| | important federal doctrines:First Sale
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| filing a counternotice if you can pry it
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| | Doctrine - once the owner of a copyright
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| out of eBays hands. That is tough, eBay
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| | item places the item in the stream of
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| doesn't seem to want to get involved in
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| | commerce by selling it he loses his
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| the counternotice process. If the VeRO
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| | exclusive statutory right to control it's
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| member claims trademark issues eBay will
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| | distribution. (copyright law)Fair Use
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| refuse to forward the counternotice at
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| | Doctine - you can use the trademarked
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| all. eBay will ask for proof of your
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| | name of the item you are selling - ie:
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| identity when filing the counternotice.
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| | you can use Coke if you are selling a
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| You don't need to provide this. The DMCA
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| | coke item. (trademark law)You can fight
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| does not require this nor does eBay
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| | back, I've had contact with quite a few
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| bother to actually even "verify" the
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| | sellers who have fought back and gotten
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| rights holder. Usually when they tell me
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| | their records cleared, you can also.
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| to provide proof of identification I say
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