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