|Tue Dec 30 2014 21:26:30|
eBay Seller Sues Firm over eBay VeRO Notices
By: Ina Steiner
Many an online seller has encountered eBay's VeRO program designed to help brands fight the sale of counterfeits on the eBay marketplace. Some sellers have claimed brands are too heavy-handed with their complaints, which makes it difficult to sell legitimate goods on the site.
One seller, Lytle Racing Group (LRG), claims a third-party company hired by brands to scour the web looking for counterfeits was reckless in its eBay VeRO claims. On Monday, the seller filed a lawsuit against the firm, SNB-React. You can see details in Wednesday's Newflash newsletter about the complaint.
Among the allegations contained in the lawsuit is the following:
SNB-React engaged in a course of conduct by repeatedly submitting Notice of Claim forms to eBay that falsely assert that LRG's listings of Factory Effex and D'Cor items were counterfeit while coupled with the knowledge that eBay's VeRO program defers to brand owners (or their agents) in claims of infringement, eBay's policy re counterfeit goods and that eBay will not reactive listings unless the brand owner (or their agent) withdraws the complaint and permits a seller like LRG to sell the deactivated listing.
The lawsuit filing includes an exhibit showing an email LRG received from eBay that informed the seller it had removed listings and credited associated fees to its account. The email notice continued:
"Your listing was removed after the rights owner reported it as counterfeit. We urge you to contact the rights owner directly for more information about why they requested the removal of your listing and whether you can relist the item. After providing more information, the email states, "Please don't reply to this message. It was sent from an address that doesn't accept incoming email."
The seller's lawyer had more to say in an interview with EcommerceBytes on Tuesday, which you can find in tomorrow's article.
Let us know what you think of this legal action (it's not a class action lawsuit, by the way).