Since Ebay has imposed limits on my Ebay listing, I have been doing some research on Ebay and Vero. It is pretty depressing. Here is a link to an Ebay seller who explains her experiences with Ebay and Vero:
eBay Guides - Everything you wanted to know about VeRO
And here is my post on the Ebay discussion boards about what is currently going on with my account and my attempts to contact and communicate with Chloe's representative:
"Well, I'd like to add my name to the list of sellers who have had limits placed on their account. Really, the limit is more of an inability to list anything. I have been able to list one pair of Chanel boots in five days - my used Chanel boots. Look at my closed auctions to get a feel for what I sell on Ebay. I sell designer clothes and handbags - 80% my stuff and 20% stuff that I find at consignment shops, vintage clothing shops, etc. I do this to continually fund my designer clothing/handbag addiction, and to have extra spending money. I had heard that some people were having restrictions and suspensions, and I really thought to myself, "well, they must have been doing "something" wrong." I'm sorry that I thought that. Because now it has happened to me. I haven't been able to list for five or six days. I just tried to a list a pair of Chanel boots, and it let the item list. So, I thought, o.k., Ebay has reviewed my account (I have been e-mailing and calling every day), and everything is straightened out. I then tried to list a pair of my USED Louis Vuitton boots and a ten year old Louis Vuitton handbag - both mine, and I have the receipts, and the dreaded error 240 came up. So, it looks like I may be allowed to list one item a week. I generally list about twenty to thirty items per week. My Ebay invoice runs from $500 to $650 per month. I am also an attorney, and I have kept excellent records of my correspndence with Ebay. Their canned responses are nonsensical. One Ebay employee told me I had no limitations on my account. Another Ebay employee told me that I had limitations on my account. This seems to have started with me listing one of my new Chloe handbags. I have the receipt where I purchased it from Luisa via roma. I took ten to twelve close up photos, etc., and there is no doubt that the handbag is authentic. Well, Chloe has hired a company to detect counterfeit items. That company reported me to Ebay, and Ebay closed my auction. I then followed Ebay protocol and I contacted the vero rights holder via the e-mail link, and that is when I learned that this company was hired by Chloe to monitor the auctions on Ebay. Here is what they told me:
"Dear Sir/Madam,
We represent Chloé in the worldwide enforcement of its intellectual property rights. With respect to your query, the item in question was removed from auction as we believe it bears counterfeit Chloé trademarks and also infringes design rights and copyright owned by the brand.
Best regards,
Richemont International SA - Intellectual Property Department
--------------------------------------------------------------------------------
From: XXXXXX
Sent: Tue 1/30/2007 5:19 PM
To: ebay Chloe Account
Subject: You Removed My Chloe Handbag Listing
Hello,
You contacted Ebay, and you requested the removal of the following listing: 130074275746 - NWT$1800+ Chloe Paddington Tall Satchel Rouge
This is an authentic Chloe Handbag. Do you need a copy of the receipt where I purchased it from Luisa via roma? I did not use any photos or descriptions that were not mine. Please let me know as soon as possible what I need to provide you with.
I, along with many of my friends, sell our handbags on Ebay. We sell authentic handbags. Many of us have had our listings ended with no reason given other than there is a vero violation. It would be most helpful if you can tell us what we need to do to correct the alleged violation.
Please contact me as soon as possible.
XXXXXXX"
I have sent them two e-mails asking them to provide particulars on what they want, but they have sent the same "canned" e-mail.
According to Ebay protocol, if the Vero Rights Holder does not provide you with the information that you requested they will intervene on your behalf. I have requested that Ebay assist me in this matter. However, I have not heard back from them with regard to THEM contacting the Vero Rights Holder.
So, I guess because of me listing this Chloe handbag, the limitation was set on my account.
IMO, the only way litigation will succeed in a case against Ebay is if the case would proceed as a class action. The attorneys would have to see a deep pocket. In this case, the deep pockets would include the VERO rights holders who are unfairly impinging upon people reselling products. Chloe, Coach, etc., can not limit one's ability to resell their product. That would be like Ford saying you can not sell your car once you are done with it, nor can you buy a car that you think may become collectible so that you can make a profit. A company can not create a monopoly on their product by making their product available only at retail establishments. Once they sell their product to the consumer, they lose control over that product. (And I am talking about clothing, handbags, etc. - I'm not talking about guns, etc., so please no responses saying that certain items are controlled) I'm thinking about talking with a local class action attorney about Chloe, Louis Vuitton, Coach, etc., and what they are doing to the Ebay marketplace. Also, Ebay is playing a catchup game - Ebay should have been monitoring their marketplace for a long time. Instead they have reaped the profits of illegal sellers on Ebay. Once they purchased Paypal, they also rec'd those revenues. People who were buying counterfeit items were being ripped off and Ebay would throw up their hands and say, "well, too bad." Lawsuits by Chloe, LV, Chanel, etc., forced them to address what they had done. Now they are doing an incredible disservice to all those reputable sellers on Ebay. To those people who make their living on Ebay, I am so sorry that this is happening to you. For me it is an inconvenience and a nuisance. For those of you who are making your mortgage payments, utility payments, and supporting your children, Ebay's actions are inexcusable."
In that post, I am responding to some young mothers who use Ebay as a business, and who have literally had their businesses shut down. You can check out the discussion board on Ebay - eBay Forums: Trust & Safety (Safe Harbor)
Sorry so long winded here, but perhaps this can start explaining what is happening on Ebay to many good sellers and buyers.
eBay Guides - Everything you wanted to know about VeRO
And here is my post on the Ebay discussion boards about what is currently going on with my account and my attempts to contact and communicate with Chloe's representative:
"Well, I'd like to add my name to the list of sellers who have had limits placed on their account. Really, the limit is more of an inability to list anything. I have been able to list one pair of Chanel boots in five days - my used Chanel boots. Look at my closed auctions to get a feel for what I sell on Ebay. I sell designer clothes and handbags - 80% my stuff and 20% stuff that I find at consignment shops, vintage clothing shops, etc. I do this to continually fund my designer clothing/handbag addiction, and to have extra spending money. I had heard that some people were having restrictions and suspensions, and I really thought to myself, "well, they must have been doing "something" wrong." I'm sorry that I thought that. Because now it has happened to me. I haven't been able to list for five or six days. I just tried to a list a pair of Chanel boots, and it let the item list. So, I thought, o.k., Ebay has reviewed my account (I have been e-mailing and calling every day), and everything is straightened out. I then tried to list a pair of my USED Louis Vuitton boots and a ten year old Louis Vuitton handbag - both mine, and I have the receipts, and the dreaded error 240 came up. So, it looks like I may be allowed to list one item a week. I generally list about twenty to thirty items per week. My Ebay invoice runs from $500 to $650 per month. I am also an attorney, and I have kept excellent records of my correspndence with Ebay. Their canned responses are nonsensical. One Ebay employee told me I had no limitations on my account. Another Ebay employee told me that I had limitations on my account. This seems to have started with me listing one of my new Chloe handbags. I have the receipt where I purchased it from Luisa via roma. I took ten to twelve close up photos, etc., and there is no doubt that the handbag is authentic. Well, Chloe has hired a company to detect counterfeit items. That company reported me to Ebay, and Ebay closed my auction. I then followed Ebay protocol and I contacted the vero rights holder via the e-mail link, and that is when I learned that this company was hired by Chloe to monitor the auctions on Ebay. Here is what they told me:
"Dear Sir/Madam,
We represent Chloé in the worldwide enforcement of its intellectual property rights. With respect to your query, the item in question was removed from auction as we believe it bears counterfeit Chloé trademarks and also infringes design rights and copyright owned by the brand.
Best regards,
Richemont International SA - Intellectual Property Department
--------------------------------------------------------------------------------
From: XXXXXX
Sent: Tue 1/30/2007 5:19 PM
To: ebay Chloe Account
Subject: You Removed My Chloe Handbag Listing
Hello,
You contacted Ebay, and you requested the removal of the following listing: 130074275746 - NWT$1800+ Chloe Paddington Tall Satchel Rouge
This is an authentic Chloe Handbag. Do you need a copy of the receipt where I purchased it from Luisa via roma? I did not use any photos or descriptions that were not mine. Please let me know as soon as possible what I need to provide you with.
I, along with many of my friends, sell our handbags on Ebay. We sell authentic handbags. Many of us have had our listings ended with no reason given other than there is a vero violation. It would be most helpful if you can tell us what we need to do to correct the alleged violation.
Please contact me as soon as possible.
XXXXXXX"
I have sent them two e-mails asking them to provide particulars on what they want, but they have sent the same "canned" e-mail.
According to Ebay protocol, if the Vero Rights Holder does not provide you with the information that you requested they will intervene on your behalf. I have requested that Ebay assist me in this matter. However, I have not heard back from them with regard to THEM contacting the Vero Rights Holder.
So, I guess because of me listing this Chloe handbag, the limitation was set on my account.
IMO, the only way litigation will succeed in a case against Ebay is if the case would proceed as a class action. The attorneys would have to see a deep pocket. In this case, the deep pockets would include the VERO rights holders who are unfairly impinging upon people reselling products. Chloe, Coach, etc., can not limit one's ability to resell their product. That would be like Ford saying you can not sell your car once you are done with it, nor can you buy a car that you think may become collectible so that you can make a profit. A company can not create a monopoly on their product by making their product available only at retail establishments. Once they sell their product to the consumer, they lose control over that product. (And I am talking about clothing, handbags, etc. - I'm not talking about guns, etc., so please no responses saying that certain items are controlled) I'm thinking about talking with a local class action attorney about Chloe, Louis Vuitton, Coach, etc., and what they are doing to the Ebay marketplace. Also, Ebay is playing a catchup game - Ebay should have been monitoring their marketplace for a long time. Instead they have reaped the profits of illegal sellers on Ebay. Once they purchased Paypal, they also rec'd those revenues. People who were buying counterfeit items were being ripped off and Ebay would throw up their hands and say, "well, too bad." Lawsuits by Chloe, LV, Chanel, etc., forced them to address what they had done. Now they are doing an incredible disservice to all those reputable sellers on Ebay. To those people who make their living on Ebay, I am so sorry that this is happening to you. For me it is an inconvenience and a nuisance. For those of you who are making your mortgage payments, utility payments, and supporting your children, Ebay's actions are inexcusable."
In that post, I am responding to some young mothers who use Ebay as a business, and who have literally had their businesses shut down. You can check out the discussion board on Ebay - eBay Forums: Trust & Safety (Safe Harbor)
Sorry so long winded here, but perhaps this can start explaining what is happening on Ebay to many good sellers and buyers.