Legal Question - Ebay accuses me of counterfeiting wrongly! answers and trademark advice from trademark lawyers across the world.Copyright (C) 2008-20095Ebay accuses me of counterfeiting wrongly!<table border="0" width="100%"><tr><td width="42"><a href=""><img src="" border="Question & Answers" /></a></td><td><div><a href="" style="color:#333;"><span style="font-size:14px; font-weight:bold; color:#333;">Ebay accuses me of counterfeiting wrongly!</span></a></div><div style="font-size:11px;"> - &nbsp;<span style="font-size:11px; font-style:italic;">posted on 11/11/2009</span></div><div style="padding-top:6px; font-size:11px;">Hello,<br /><br />I owe some brand names for watches, perfectly legal and valid until 2014. I did put some watches on eBay for sale and they have been removed in January by eBay who accused me of counterfeiting! I have been really upset with this. Somehow, they said that a third party did inform them that I was infringing their copyrights! I have email eBay all proper documents but they refused to listen to me and asked me to contact the person that accused me (I did but not reply of course!) .... I have asked eBay for a copy of the allegations but they refuse to give it to me without a subpoena.... eBay is in USA, the guy that made the allegations is in France, I wrote to him and his company but no reply... and I am in Hong Kong....<br /><br />eBay wants me to sign a form regarding counterfeiting in order to re-activate the account. As I have not done anything wrong, I cannot sign such form!<br /><br />Somehow, they do believe someone when they accuse another person of counterfeiting! They have no proof and the accusation is hard to swallow! They would not even show me the letter that they received unless they have a subpoena....<br /><br />The email header was: eBay <b>Listing Removed: Trademark Violation - Unauthorized Item!</b><br /><br />Then they told all the customers about this!<br /><br />The rights owner, XXXX, notified eBay that this listing violates intellectual property rights. When eBay receives a report of<br />this type of violation, we remove the listing to comply with the law.<br /><br />Trademark infringement is unlawful and violates eBay&#039;s policies. A trademark is a unique sign (such as a name, word, phrase, logo, or symbol) that a company uses to identify its products and/or services.<br /><br />Using another company&#039;s trademark in a way that may confuse buyers about the source of goods or services, or confuses buyers into believing that the seller is affiliated with, sponsored by or endorsed by the trademark owner is both illegal and against eBay&#039;s policies. Examples include counterfeits, unauthorized replica items and items that bear the brand or logo of a company without that company&#039;s permission.<br /><br />**************<br />Your account was suspended for repeatedly listing items that violate the intellectual property rights of Verified Rights Owner (VeRO) program participants.<br />**************<br />As you know, eBay does not actually handle the merchandise offered for sale on our Web site. Because of this, we are unable to make judgments regarding copyrights and trademarks involved in the items offered for sale. However, we are committed to removing listings that infringe the rights of an individual or company when we are properly notified of the infringement. We developed the VeRO program to help intellectual property owners remove listings that infringe their rights.<br /><br />When VeRO participants ask us to remove a listing, they must sign a legal document stating under penalty of perjury that they own the rights to the copyright or trademark used in the listing, and that the items listed infringe their rights.<br /><br />We don&#039;t know exactly why the request to end the listing was made or how to avoid having the listing ended again at the request of the rights owner. The owner is not required to provide any specific information about how the listing infringes. Often, the listing may seem fine to us.<br />However, when we receive a properly documented Notice of Claimed Infringement, we are required by federal law to end the listing.<br />***************<br />This was Ebay&#039;sreply....<br /><br />I felt and still feel hungry! If someone wants to take the case and sew them, let me know and I could forward the details! My account with eBay is still locked as I do not want to send them a letter telling them that I will not do it again!!!<br /><br />Any idea of who I may contact that could be interested in taking eventually Ebay to court for this? I can provide all the documents and a search on WIPO will show that I am correct and Ebay wrong....<br /><br />Thank you,<br />Frederic&nbsp; <img src=  alt= Embarrassed  border= 0  /> <img src=  alt= Angry  border= 0  /> &nbsp;&nbsp;<span style="font-size:11px;"><a href="" style="font-style:normal;">Read More <img src="" alt="Answer this question" /></a>&nbsp;&nbsp; <a href="" style="font-style:normal;">Answer <img src="" alt="Answer this question" /></a></span></div></td></tr></table>