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Tabberone's VeRO Commandments

I.

Do Not Ignore the eBay Takedown Notice.

VII.

Do Not Admit to doing anything wrong.

II.

Do Not Relist your auctions until after you have determined the exact reason(s) for the takedown.

VIII.

Do Not Believe the VeRO member's jargon, lies, and threats.

III.

Do Not Delay emailing the VeRO member for an explanation.

IX.

Do Not Sign anything from the VeRO member or from eBay.

IV.

Do Not Contact eBay.

X.

Do Not Pay Any Monies, or agree to pay any monies, to the VeRO member or their representatives.

V.

Do Not Erase or Delete any emails or communications with the VeRO member or eBay.

XI.

Do Not Believe that they will win and that you will lose.

VI.

Do Not Verbally Communicate with the VeRO member or their lawyers.

XII.

Do Not Compare Your Auctions to other auctions running on eBay.

XII.

Do Not Argue with Tabberone after asking her for her opinions.

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I. Do Not Ignore the eBay Takedown Notice. The reason for this is eBay keeps score. If you get shutdown for too many auctions, eBay can, and will, suspend your account for whatever time period eBay wants. There is no set standard that we know of as to when eBay will strike.

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II. Do Not Relist your auctions until after you have determined the exact reason(s) for the takedown. Don't Guess! If you relist without getting the reason(s) for the takedown you can expect your re-listed auction to be also shutdown and your account suspended indefinitely. In it's takedown email, eBay warns you not to relist and they mean it!

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III. Do Not Delay emailing the VeRO member for an explanation. Get to them right away especially while your case is fresh in their minds. Be specific and as short as possible in your request. If they don't reply within 24 hours, begin emailing them several times a day and number your emails (i.e., Request For Expanation #4) for future reference.

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IV. Do Not Contact eBay. eBay doesn't really care about you or your problem. eBay considers you a pest and will treat you as such. eBay is required to take action when a "Rights Owner" complains to them. There are a lot of actual infringing auctions on eBay and as far a eBay is concerned you are one of them. Contacting eBay only is valid when the VeRO member has an invalid email and then eBay might do something. But don't hold your breath.

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V. Do Not Erase or Delete any emails or communications with the VeRO member or eBay. Start and maintain a paper trail until the issue gets resolved. Create a folder on your computer or email server and save the emails. This avoids a "He said, she said" problem later.

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VI. Do Not Verbally Communicate with the VeRO member or their lawyers. They are only interested in their side of the issues and possibly will later lie to make you look bad or create a legal advantage. When it's in writing they cannot restructure the facts to their advantage. Besides, many times these lawyers have experience weasel-wording and can twist your spoken intentions to their advantages.

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VII. Do Not Admit to doing anything wrong. Even if it turns out you were infringing, never admit to doing anything wrong. The only way the "rights owner" can get damages from you is to show a court you were a "willing infringer". This is a difficult standard to meet and usually will only be granted against parties who are involved in criminal infringing activities. Even if you were infringing if you cease upon being notified they have a very weak case. And do not tell the VeRO member how many of the items you have sold or for how much money.

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VIII. Do Not Believe the VeRO member's jargon, lies, and threats. It is likely the "right's Owner" will throw a lot of legal jargon at you claiming trademark infringement, dilution, unauthorized use, copyright infringement, etc. What they don't often tell you is that they are actually misrepresenting the legal definitions in an effort to scare you into compliance. Can we say "they are lying"? Why do they do this? Because they can. It's up to you to determine the real facts of law. Don't believe what they tell you without checking on it.

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IX. Do Not Sign anything from the VeRO member or from eBay. The VeRO member might tell you to sign something agreeing not to violate their trademark/copyright and they will reinstate you. Don't. If they are willing to go that far they have a very weak case and your signature could be used against you in court. eBay will sometimes tell you to sign a statement as part of eBay's reinstatement procedure. Don't. The statement you sign is broadly worded and you might not realize it means all auctions for all items, regardless. Someone could get mad at you and falsely have you VeRO'd and eBay will suspend you with no chance of reinstatement because you agreed in writing to "never again" list something infringing.

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X. Do Not Pay Any Monies, or agree to pay any monies, to the VeRO member or their representatives. Many of these "representatives" falsely claim that you "owe" them monies for violating their trademark and that they could get this money easily by going to court. We firmly believe this constitutes extortion because they are using the threat of harm to you if you don't pay them off. They have to prove you are a "willing infringer" (see Commandment VII) in order to get damages. The chances of this are slim.

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XI. Do Not Believe that they will win and that you will lose. They will try to browbeat you. They will exaggerate their legal position while minimizing yours in an attempt to scare you into compliance. They will throw jargon and threats at you. Why? Because they want you to settle outside of court.

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XII. Do Not Compare Your Auctions to other auctions running on eBay. It's a waste of time and effort. It doesn't matter how many other people are selling the same item, you're the one that got shut down. Don't worry about what other people are doing. Don't think that because there are a hundred other sellers out there selling the same item, using the same pictures and the same descriptions, that it matters one bit. It doesn't. eBay won't listen and the VeRO member will ignore you.

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XIII. Do Not Argue with Tabberone after asking her for her opinions. A few people have solicited the opinion of Tabberone and then argue with her about the points. If you're not going to listen then don't waste her time. I'm happy to answer questions but read the information on the trademark pages before emailing me. A lot of your questions will be answered. Remember that my advice is based on my experiences. I've had 15 VeRO members to date retract their eBay takedowns.

 

 

 

         

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