Frequently Asked Questions
and Frequent Whines
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We get asked the same questions and get the same whines on a regular basis. We have started this list for quick reference.
- What drugs are you people on and will you share?
No. We do not share.
- What do you have against corporate lawyers?
Actually we like corporate lawyers. They taste just like chicken.
- Why doesn't eBay check the VeRO member's claims before terminating an auction?
eBay is playing CYA (cover your ass) with the VeRO Program. The DMCA, after which VeRO was patterned, provides safe harbor
(protection from liability lawsuits) if eBay expeditiously removes the allegedly infringing auction listing. eBay is not required
to investigate nor does eBay really care. eBay is just making sure eBay has no liability; it could care less about the rights of the
seller (from whom eBay collects its revenue). And it is not just eBay. Etsy and other sites also play a similar CYA game.
They want to avoid litigation at all costs regardless of how flimsy the take down claim may be.
- I signed the eBay VeRO reinstatement form. What did I do wrong?
eBay's reinstatement form is a death-trap for sellers. It contains the provision that the signer will not ever knowingly list
another infringing item for sale. Should the signer have another auction terminated by a Notice Of Claimed Infringement ("NOCI"),
eBay will permanently suspend the signer even if the auction listing gets reinstated. eBay automatically assumes the signer knowingly
listed the item and therefore is banished from the eBay waves forever. There is no appeal for this except filing a lawsuit against eBay
which is very unlikely to be a winner..
- My eBay listing was VeRO'ed. What should I do?
Do not relist the item(s) until you get the problem of the takedown resolved.
Click Here for a step-by-step outline of What To Do If You Are Veroed.
Also read Tabberone's VeRO Commandments for further guidence.
- The VeRO member won't answer my emails. eBay won't help. What should I do?
eBay doesn't care if the VeRO member replies to you or not. eBay does not require the VeRO member to reply to you. Nor will eBay
give you their contact information beyond the email address in the take-down email. Keep emailing the VeRO member several times a day numbering your emails,
such as "Request #2, Request #3", etc. Email the eBay lawyers everyday as well. They might actually do something for a change besides act like
they "know nothing".
- Where can I get information about the VeRO member?
Use your imagination. Information is all over the internet. For example, try business listings by state (usually under the
Secretary of State for that state) for corporate filings and name and address of agent. Searching out information is time consuming
but if you make a living selling on eBay, and many people do, you need to take the time to protect your business.
- I only have one of these items. Is it really worth while fighting?
eBay auction takedowns are cumulative. eBay doesn't say what triggers a suspension but many sellers get suspended after two takedowns;
most after three takedowns. We think you should fight every takedown as long as you were not ingringing. We have had eighteen
takedowns and never been suspended because we fight back every time. We frequently get emails from people who did not fight their
first two takedowns and after being suspended for the third takedown want to know what to do.
- Why can't I just open up another eBay ID?
eBay can track your computer URL. Every time you log onto the internet, your provider gives you a specific URL for that session.
If you have dial-up, the URL will change but but can be tracked. Additionally, eBay can match credit card numbers, etc. You will
not fool eBay for very long. Then eBay will suspend you for a very long time if not outright ban you.
- I got it off the internet like everyone else.
So? Just because it's on the internet doesn't mean it's not protected. There are a lot of fakes out there. Be sure of your source.
- I'm a stay-at-home-mom (also called a WAHM) and selling on eBay is my only (or extra) income.
Really, nobody cares about that except you. It's a crying point that the VeRO member will ignore. It won't do a thing to change
what has happened. No sympathy points in VeRO-Land.
- I bought the item from the same company that makes them for the VeRO member.
Which means it is very likely they went out the back door which makes them illegal. Major companies do not wholesale their product.
If you have a "wholesale" supplier that will "guarantee" you are buying authentic material, nine times out of ten you are buying
unauthorized items. Stolen merchandise (which includes overruns and cancelled orders) is infringing by definition.
- How do I sue someone in federal court?
The same way we have, some fifteen times. Research and trial and error. Many times the VeRO member will prefer to settle
rather than risk losing a simple case even though they are not up against a lawyer. Read our web site for information.
- What law firms did we use when we sued VeRO Members?
None. We represented ourselves.
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