Tabberone is pronounced tab ber won
What To Do If You Are VeROed
Many sellers don't understand what to do when their listing(s) is shut down by eBay. In many cases, they mistakenly think eBay
terminated their listing, mainly because they fail to stop and read and comprehend what they have been told.
If your listing was terminated, there were two likely causes:
What do you do?
Some companies do not want their products sold on eBay. They cannot lawfully stop you but they can interfere with the sales. If you have determined that you were not infringing, do a little research and then respond to the email from the VeRO member.
You can cite the First Sale Doctrine and whatever other statutes are relevant. Do not expect them to change their minds simply because you insist you were not infringing. If you are persistent, and they are not resolute, they may back down or offer a way out. Be careful of any compromise.
We have been VeRO'ed 18 times and been in federal court for 15 of those takedowns, representing ourselves, and winning most of the cases. It's amazing how many companies prefer to reinstate the auction, and pay our expenses, than go into federal court and defend their actions.
What would Tabberone do?
Articles | Cease and Desist Letters | Federal Court Cases | FAQs & Whines | Glossary | Hall Of Shame | Contributions
Initial Interest Confusion |
Likelihood Of Confusion |
Material Difference Standard
Parallel Imports | Post-sale Confusion | Puffery | Secondary Meaning | Subsequent Confusion | Trademark Abuse
Unauthorized Use | Unfair Competition | What is a Trademark?
Angel Policies |
Contributory Infringement |
Copyright Extortion |
Copyright Misuse Doctrine |
The Digital Millennium Copyright Act
EULA | Fair Use | First Sale Doctrine | Product Description | Registration | Registration Denied | What is a Copyright? | What is not Copyrightable?
Embroidery Designs |
FAQs & Whines |
Image and Text Theft |
Licensed Fabric |
Licensing & Licenses |
Patterns Index |
Selvage | Stanford School of Law Case Outline | Tabberone Disclaimer | Trademark Extortion | Urban Myths | What To Do If You Are Veroed
Federal Court Cases |
Alphabetically | by Federal Circuit | by Subject | by Court Quotations
Federal Statutes |
Copyright Act 17 U.S.C. 5 | Digital Millenium Copyright Act 17 U.S.C. 12 | Lanham Act 15 U.S.C. 22
Filing A Federal Lawsuit
Setting Up | Standing. | Joinder of Parties. | The Complaint | Their Answer | Default Judgment
F.R.C.P. 12(b) Motion | F.R.C.P. 12(f) Motion | Your Reply | Summary Judgment Motion | Affidavits | Time Extension
VeRO (Verified Right's Owner Program)|
VeRO Commandments | VeRO-Verified Rights Owners Program | Counter Notice Letter
Counter Notice (pre-2003) | Counter Notice present | On-Line Survey from 2004 | Articles about VeRO | What To Do If You Are Veroed
|Original material by Karen Dudnikov & Michael Meadors is © 1999-2016|