There is a way for brands to address unauthorized sales activity on
eBay for new merchandise, which essentially is an attempt to low-ball
or undercut the retail pricing established through the corporate and authorized retailer channels.
Many
companies are unaware of this, but eBay has a program to empower brands
and eliminate trademark infringement and copyright violations in eBay
auctions. The result of enforcement is a precipitous drop in the number
of third parties leveraging a brand’s IP (intellectual property) assets
for profit. The name of eBay’s program is VeRO, and this acronym stands
for Verified Rights Owner.
The VeRO program provides
participants with the ability to identify and request removal of
allegedly infringing items and materials, particularly the unlawful use
of trademarks and copyright-protected content. If the infringing eBay
user attempts to publish the same or similar listing, their account
will be suspended by eBay.
How It WorksOnce
you have identified a listing on eBay that violates your copyright,
trademark, or other intellectual property rights, all you need to do is
download eBay’s Notice of Claimed Infringement (NOCI) form, fill it
out, and fax it to eBay. You can
download the form
by visiting eBay.com. After eBay has received your first NOCI, they
will send you an electronic version of the NOCI form as well as
instructions on how to submit future reports electronically.
In
addition, eBay will allow organizations to educate eBay users about
their products and legal positions by creating an \"About Me\" page.
eBay states that many of their users cease listing potentially
infringing items when presented with such information. For example,
Motorola’s “About Me” page defines trademark infringement and copyright
violation, then further explains why an auction or sale of “Motorola”
or Motorola “related” products and/or services may be halted.
If
your company is a direct selling or network marketing brand, such as
Mary Kay or Herbalife, you may also cite the violation of a trade
agreement between your company and your distributors to remove
listings.
Incidentally, Apple Inc., the manufacturer of the iPhone, does not currently participate in the VeRO Program.