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Source: http://www.auctionbytes.com/cab/abn/y08/m07/i07/s04 July 7, 2008 Interview with eBay Seller Jennifer Heist Auctionbytes-NewsFlash, Number 1828 - July 07, 2008 - ISSN 1539-5065 By Ina Steiner AuctionBytes.com July 07, 2008

Jennifer Heist won a lawsuit against Laurel Burch Artwork by default after the licensing company had allegedly used eBay's VeRO trademark complaint process to remove her listings from the auction site. AuctionBytes wrote about the case and also conducted the following interview Heist via email. AB: How has the Laurel Burch VeRO case affected your business? Heist: My Laurel Burch handcrafted items were my most popular line. Buyers would come into my eBay store looking for an item with a cat or a dog on it and find my Laurel Burch items. Rarely did anyone buy just 1 item - most of my Laurel Burch sales were multiples. There were days when the only items I would sell during the day were the items made with the Laurel Burch fabric. I went from averaging 12 or 15 items a day (more or less depending on the time of year and many in multiple sales) to just a few and it remains so to this day. I also have hundreds of yards of Laurel Burch fabric just sitting here waiting to be used that I have not touched in months. The fabric itself is not cheap I have money tied up in the fabric that I'm not currently able to use. AB: Are you able to ask what you want in damages, if so, what are you asking for? And what are you expecting to get? Heist: I have an upcoming court hearing to assess damages. I am asking for the costs and fees of the lawsuit to be paid and for damages due to loss of sales, time spent researching the necessary procedures and past cases for the lawsuit. AB: What do you think of the way eBay treats trademark/copyright cases? It's very disappointing that anyone can VERO anyone else on eBay with a simple email. My items were clearly not infringing on anyones trademarks. I have been in contact for several years with Tabberone who had helped me tweak my listings so that they were completely compliant in all aspects from my correct titles ("Checkbook Cover Made with Laurel Burch Fabric") to my disclaimer in bright yellow ("This is not a licensed Laurel Burch Item. It is however handcrafted with care from licensed Laurel Burch Fabric. RainbowsNSmiles is not affiliated with Laurel Burch or the manufacturer of the licensed product). Never would anyone ever purchase anything of mine from a licensed fabric (be it Laurel Burch or anyone else) and think they were buying anything but a handcrafted item made from licensed fabric. There was never any intention to mislead anyone. The VERO process should require more than an email. There should be documented proof of what the rights owner is claiming and there should be consequenses for abusing the system. A stay at home mom/pop business should not have to file a federal lawsuit to be allowed to sell anything! The fact that it has to go that far for some people is a very sad state and something should have to be changed. AB: Why did you decide to represent yourself? And what would you tell other sellers who feel victimized by the VeRO process? I had to represent myself because I could not afford a laywer to do it for me. I also knew that I was right, that I did not do anything wrong. Representing yourself gives you the power to take back what was taken from you! My business was harmed by a false accusation and I was able to prove by myself that I was not in the wrong. I would tell anyone else who has been a victim of the VERO process that you CAN fight back. You have to be willing to take the plunge and stand up for yourself. You don't have to be rich or powerful to fight. You just have to be willing to spend the time, make the effort and do what is right. If I can do it anyone can. TRUST me!!! Copyright 1999-2008. Steiner Associates LLC. All rights reserved