Your account or an individual listing has been blocked on eBay by the VeRI program?
Why does eBay block entire accounts with VeRI?
As a platform operator, eBay is not liable for copyright or trademark infringements.
After the BGH decision on "stick perfume" However, this changes as soon as eBay becomes aware of the infringement and does not react within a very short time.
Now had eBay two options: Either you employ a whole armada of lawyers who work day and night on reports, evaluate them and then block them if necessary, or you simply delete them on demand and leave the parties to the dispute to work it out between themselves.
eBay has (understandably) opted for the second option and calls it "VeRI Program". VeRI stands for "Verified Rightsholder", i.e. for persons who have proven that they are the owner of a specific property right (Brand, Designdesign, utility model, patent or copyright) to be.
As a rule, an offer is initially blocked as the mildest means. If a second report is made, the entire store is deactivated for a certain period of time. With the third report, things get dicey: either a long lock or even the final Deletion of the account.
How should I react to a VeRI suspension of my eBay account?
First of all, you should find out, who Your account or your offer page Why has had it blocked. In the vast majority of cases, eBay or VeRI will provide information here.
You should then assess whether the allegations are justified.
In the case of third-party photos for which there is no explicit license, there is every indication that the VeRI notification was justified; in the case of trademarks, you have to look closely.
Reaction to a justified VeRI message
If you come to the conclusion that the IP right holder has rightly registered your offer, you should React quickly.
In our experience, the eBay account suspension because in the vast majority of cases a Warning. And as soon as it's there, you'll probably end up paying not only the Warning costs also the Costs of your own lawyer.
However, if you pre-empt the warning lawyer and submit a preventive Modified cease-and-desist declaration you at least save yourself the Warning costsas the Injunctive relief is then finished.
Reactions to an unjustified VeRI notification
However, we also repeatedly receive cases of unjustified VeRI reports. Here, some of our clients sometimes lose Five-digit or even six-digit sales in a few days because the most important sales channel is collapsing.
Some Brand owners abuse the VeRI program for a unfair competition.
There is no quicker way to simply get rid of unwelcome competitors. This is particularly painful when it comes to seasonal or trendy items.
So if your Ebay account has been blocked due to an unauthorized VeRI report, you should immediately go to the Counterattack blow!
The best thing to do on the same day Warning to the alleged rights holder dispatched. If you contact us before 3 p.m., we can usually still manage this.
In this Warning we call on the opponent to VeRI Notification to be withdrawnyours Release account immediately and to let the Cease and desist declaration to document that this will no longer happen.
If the competitor who reported you to eBay and thus caused you to be blocked does not respond, we will apply for a short deadline one temporary injunction.
And as soon as your Market companion has understood his injustice, we make sure that he also understands your Losses paid by being obliged to pay Compensation for damages and, if necessary, also ask him sue.
Haste is however offered: In Germany, this also applies to the Compensation for damages entitled to the so-called Duty to minimize damages. So you can't just look at your blocked eBay account for weeks and look forward to getting your damages reimbursed at some point.
How much Compensation for damages Can I expect an unauthorized eBay account suspension due to a VeRI report?
How much Compensation for damages You will be blocked for an unauthorized VeRI block depending on the circumstances of the individual case.
Basically you will receive exactly refund as much as you have lost. In the case of non-seasonal products and an eBay store that has been established for years, sales at the same time in the previous year provide good evidence of this.
However, this is not the case with Seasonal articles and trend goods. For example, FFP2 masks could be sold for up to €3.00/unit at certain times during the coronavirus pandemic, but later for just €1.00/unit. Here you have to be prepared for the Judge estimated which will often be at your expense.
Is it a criminal offense to make a false VeRI report?
eBay requires the Verified Rights Holders to prove both the existence of the property right and the infringement of the property right. "affirm on oath".
Section 156 of the Criminal Code criminalizes false affidavits. However, this only applies if this false affidavit is made to authorities or courts. As a rule, such a declaration is therefore not punishable.
Can I also take action against eBay?
To our knowledge, all courts of first instance have so far ruled in favor of eBay. We therefore advise against it. However, if you want to write legal history, we will be happy to support you with this plan.
What does mdrei - marken medien meyen do if I instruct the law firm for trademark law after a VeRI blocking on eBay?
First of all, the team around Trademark attorney Robert Meyen exactly whether the block was justified.
If we assume that a block is justified, we advise on the quickest and most efficient dispute resolution possible - usually through Delivery of a preventive modified Cease and desist declaration - and how you can change your listing page to sell "legally" again.
However, if we assume an unjustified VeRI block on eBay, we will pull out all the stops to have the block lifted quickly and ensure that the allegedly infringed party leaves you alone in future. In most cases, you will first receive a Warning with a short deadline and a short time later Application for a temporary injunction place.
We are happy to represent you nationwide. For a non-binding initial consultation, please use our Contact form or write - preferably with the blocking notification and a screenshot of your sales page(s) as an attachment - to kanzlei@marken.legal.
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