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http://forums.ebay.com/db1/thread.jspa?messageID=1002197486&forumID=76&x#1002197486 PowerSeller Board 11/4/2005
I need some help please had listing pulled VERO !Please Help
gardensusie94 (399) Nov-02-05 23:17 PST
Hi, I sell Ojon on Ebay world wide. For some reason they pulled all my listings auctions and in store. This is the letter they sent me.
I hope someone can explain to me what I have done wrong. I have been selling this for 6 months with no problems.
I still see other Ojon items listed.
eBay Listing Removed:
VeRO: Parallel Imports
Received: Nov-02-05
From: eBay
Expires: Jan-01-06
You acted on this alert in My Messages, but it may still require your attention.
Dear gardensusie94,
Thank you for your recent listing on eBay.
Unfortunately, we removed the following item(s):
5630613405 - LOT4 Ojon Hair Treatment Shampoo Conditioner Serum SE
7193470116 - NEW~ OJON~ ULTRA-HYDRATING RICH SHAMPOO 5 oz bottles
7193316921 - ~New SEALED~Ojon~RESTORATIVE HAIR TREATMENT~3.3 OZ
7193295335 - OJON ~Ultra Hydrating~Shampoo and Conditioner 5 oz
7181733954 - ~New SEALED~Ojon~RESTORATIVE HAIR TREATMENT~3.3 OZ
7193296076 - NEW~OJON~CONDITIONING SHINE SERUM~
7193295571 - OJON ~Ultra Hydrating~Shampoo and Conditioner 5 oz
7193317556 - NEW~ OJON~ ULTRA-HYDRATING RICH SHAMPOO 5 oz bottles
7193296462 - NEW~OJON~CONDITIONING SHINE SERUM~
7193321349 - NEW~ OJON~ ULTRA-HYDRATING RICH SHAMPOO 5 oz bottles
7193296209 - ~New SEALED~Ojon~RESTORATIVE HAIR TREATMENT~3.3 OZ
7193295992 - NEW~ OJON ULTRA HYDRATING RICH CONDITIONER 5 0Z
7166818745 - NEW~OJON~CONDITIONING SHINE SERUM~
7193318653 - NEW~ OJON ULTRA HYDRATING RICH CONDITIONER 5 0Z
7180317901 - NEW~ OJON ULTRA HYDRATING RICH CONDITIONER 5 0Z
7166819958 - NEWOJON ULTRA-HYDRATING RICH SHAMPOO CONDITIONER
because Ojon Corporation reported it to us for violating their intellectual property rights. When eBay is notified by a rights
owner of an intellectual property rights infringement, eBay must remove the item in order to meet certain legal requirements.
The following information may help explain the reason for your listing(s) removal:
A manufacturer or intellectual property rights owner has reported to eBay that this posting violates parallel import laws.
The eBay member may not be authorized to sell this item in the country at issue. When eBay is notified by an intellectual property
rights owner of an intellectual property rights violation, eBay removes the posting in order to meet certain legal requirements.
Please check with the rights owner if you have any questions about their claim.
For more information on Parallel Imports visit the following Help page:
http://pages.ebay.com/help/confidence/vero-rights-owner.htmlQuestions
about the specific violation should be addressed to Ojon Corporation at the following email address:
cstewart@ojonhaircare.com
Your eBay fees for this item have been credited to your account.
All bidders on this item have been notified of its cancellation.
IMPORTANT NOTICE: Repeated violations of this or other eBay policies may result in the suspension of your account.
eBay understands that it can be frustrating to have a listing removed. If you have further questions, you can take the following steps:
Take eBay's brief tutorial on Intellectual Property Policies and VeRO Read the ended listings FAQ at
http://pages.ebay.com/help/confidence/vero-removed-listing.html
Ask eBay a question using the link on the above help page
Thank you in advance for your cooperation.
Regards,
VeRO Program
eBay Trust & Safety
17 replies Date posted Reply #
oregon*trail*yarn (4594) Nov-02-05 23:34 PST 1 of 17
A manufacturer or intellectual property rights owner has reported to eBay that this posting violates parallel import laws.
Google parallel import laws. This is what the VeRO member claims you are violating. Imagination Is The Only Limit!
gardensusie94 (399) Nov-03-05 00:09 PST 2 of 17
Thanks for the help. I guess Ojon had them pull it. However, there are still losts of listings for Ojon. Do you know much
about this subject? Have you ever had this issue? Thanks
maxlewinsrealrelics (305) Nov-03-05 05:03 PST 3 of 17
I have had this issue and there is, as far as I know, nothing you can do about it. It sucks. If you complain they will
likey feed you some canned bs about how they got a legal letter from the entity, which I seriously doubt. I think an email
is all it takes for someone to get your listings pulled.
brackendesigns (1948) Nov-03-05 06:25 PST 4 of 17
Not exactly. I've reporting someone for MONTHS for a serious legal violation, but eBay states the complaint has to come from
the company on which they are infringing. Since I am merely an eBay user who is royally ticked off that this other seller
can continue an illegal practice, but I am not the one holding the copyright, eBay won't do squat without the copyright
owner making the complaint directly. This is where I wish I believed in the law of karma. Laura
artzncrafts (2223) Nov-03-05 06:32 PST 5 of 17
You'll need to contact the representative of the company to determine what laws they think you've broken. Visit tabberone dot com
She's writing the book on fighting unethical and illegal takedowns. Great resource. . . .Discontinued styles to cash from bricks
to clicks to ka-CHING!
riorama (3160) Nov-03-05 06:50 PST 6 of 17
I am trying to figure out where you went wrong by comparing current listings of Ojon with some of your older listings and can't
see anything that would single you out. I did see some things in your listings that might be considered infringing, stock
photos and apparent stock product descriptions, but other sellers are doing the same thing and that's not what the take down
notice is refering to. The cause given in the take down notice seems to imply that either your source for the product is not
legitimate (gray market) or that you're shipping somewhere you're not authorized to. Don't waste your time dealing with ebay
at this point. You need to contact the email address given in that notice and find out exactly what the problem is. Hopefully
you'll be able to correct it and get your stuff relisted.
tabberone (4266) Nov-03-05 06:50 PST 7 of 17
I have something about parallel import laws on my website. A. The United States approach (partial) Thus US laws have long
considered that the nature of trademark rights, at least with respect to parallel imports, are universal, namely, once a
genuine trademarked product is placed on the global marketplace anywhere in the world, by or with the consent of the trademark
owner, the trademark owner may not control the further distribution of that product under a theory of trademark infringement.
This theory of parallel imports is said to be the rule of universal, or international, exhaustion.
http://www.tabberone.com/Trademarks/HallOfShame/Burberry/WebPages/ParallelImports.shtml But if people don't fight back
then the VeRO member wins by default.
riorama (3160) Nov-03-05 07:03 PST 8 of 17
In this case the vero member is in Canada. I wonder if Canadian law regarding parallel imports differs from US law? And can
Canadian law be enforced on a seller in the US?
gardensusie94 (399) Nov-03-05 07:03 PST 9 of 17
Thanks everyone. I did some or should I say lots of research last night. There are or were 81 listings that were no different
than mine. The product is bought from Qvc.My husband thinks the company doesn't like us selling do to imposes on their profits$$$.
I'm going to go an take all new pictures with a background that is maybe a little unique. I had quotes on the things that I stated
that came from their pages. I will take that off and just use simple verbiage. This parallel imports junk is this because I sell
out of the country? I sell a lot of this to the UK and Canada but I could not find where this is one of the products that you couldn't
sell. I wrote Ojon directly you know that they will jump right on it an contact me back. ( ya right)SO in the mean time can I try
to fix and relist or will they just pull the listings again? Sorry for the book. All the help is very appreciated.
gardensusie94 (399) Nov-03-05 07:11 PST 10 of 17
Riorama, Yes, they are in Canada. Other's are selling to Canada and worldwide too. How can I find out if Canadian laws can be
inforced on a US seller. If that's the case why did they not pull all the listings? I think its getting near the Christmas holiday
season and the don't want us selling. They will lose profits. Can the legal say I can not sell their product if I purchased?
If so why doesn't ever company say that? Thanks again for your help
tabberone (4266) Nov-03-05 07:12 PST 11 of 17
No, no, no, no, no. NO Don't relist the items no matter how many changes you make until you resolve the issue w/the VeRO member.
If they are watching you and shut you down again eBay will suspend you for being a repeat offender. You have to get them to
retract the black mark. Read my VeRO Commandments, it doesn't matter what others are doing
gardensusie94 (399) Nov-03-05 07:34 PST 12 of 17
Tabberone, Thanks I will NOT relist. Your VERO COmmandments are a great help. When you say have them retract the black mark do
you mean have them contact ebay or can I send ebay what they send me? The company being in Canada do they have any different
rights that you know of? Thanks for all your help. I need to get this fixed hopefully it will not take forever. Do you know what
the general time span is? I have never dealt with this before.
riorama (3160) Nov-03-05 07:37 PST 13 of 17
Yeah, tabberone is right. Don't do anything until you get this straightened out one way or another. Since you legally bought the
product from a legitimate source (QVC) their claim would seem to be invalid unless your offer to sell worldwide is infringing on
something unknown at this point. I noticed some of the other sellers state "US only" but it's impossible to know if that's just
their own preference or if they are trying to avoid whatever "rule" you ran afoul of. Give the company a reasonable chance to
respond and if they don't, write to them again. You absolutely need to know exactly what their claim is to know where you stand.
tabberone (4266) Nov-03-05 07:40 PST 14 of 17
The VeRO member needs to retract the take down to eBay, have them copy you in on the email. I don't know Canada law but they are
using USA law to shut you down.
gardensusie94 (399) Nov-03-05 07:48 PST 15 of 17
Thanks everyone. I will keep you informed. Hopefully they will write back soon.
gardensusie94 (399) Nov-03-05 17:28 PST 16 of 17
Okay this is what Ojon emailed me. Ojon name and logo are trademarked and by using either one in your description, you are violating our
intellectual property rights. Ojon screens all retailers before allowing them to sell their products. We are only available in
high class salons and retail locations. We do not wantour products being bought or auctioned on ebay. We are working in having all
Ojon items being removed from ebay but it is a timely process. I wrote them back and ask Email them and ask them what part of the
First Sale Doctrine under copyright law, and Fair Use Doctrine under trademark law doesn't apply to this listing. While you are
at it, ask them if they are aware of the penalties for misrepresentation under 17 U.S.C. 512(f) While you're at it - copy Sean
Chaffin - schaffin@ebay.com He's the head of the VeRO department and he needs to know about the abuse of the system. Now I just
have to wait for the next email. Give me a break they don't want us selling it on Ebay.
gardensusie94 (399) Nov-03-05 17:31 PST 17 of 17
tabberone Thanks for all the help. I emailed them like you suggested and cc Sean at Ebay. Hopefully this will be resolved soon.
I guess I have to wait for a reply. If they don't respond should I keep writting Ojon or what next.
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