Ebay Trademark Infringement: Everything You Need to Know
eBay trademark infringement can only be proven through the website's VeRO program. 3 min read
eBay trademark infringement can only be proven through the website's VeRO program. In order to show its commitment to providing customers with a safer buying atmosphere while protecting intellectual property owners, it launched the VeRO Program. eBay's Verified Rights Owner (VeRO) program permits someone who holds rights to intellectual property, along with their authorized representative, to submit a report on any listing that infringes on IP rights.
What Happens to Listings Removed Based on the VeRO Program?
When an eBay listing is removed due to a VeRO complaint, the owner of that listing will receive an email with details as to what caused the listing to be removed. The email will also include contact information for the owner of the IP rights.
If an eBay member has any questions or concerns about the reasons for removing a listing, the member can follow up with the IP rights owner. If any of the following circumstances apply, the member can also contact eBay directly:
- The IP rights owner's email is not available in the email
- The member has contacted the IP rights owner but hasn't heard back in five business days
All eBay sellers must make sure that all items for sale are authentic and the descriptions don't infringe on others' rights.
- Unauthorized copies of media, such as audio or video files
- Products with a trademark that were not made by the trademark owner
- Unauthorized use of text or images in a listing that the member does not own
Reportable Rights Violation
Trademark owners can report listings that include:
- Replica or counterfeit items
- Unauthorized use of trademarked photos or content in a listing
- Products that infringe on your protected trademarks
You may not report a listing because:
- You want to control distribution of products or reselling to authorized sellers, referred to as selective distribution
- The items are illegal to sell or controlled by the government, referred to as regulatory compliance issues
- The brand's contractual terms limit reselling opportunities, referred to as contractual issues
- The items for sale are listed below a controlled or set price point, referred to as minimum advertised pricing
However, if the listing or item is in violation of trademark protection rights, the VeRO program is the right avenue for reporting it. In fact, the VeRO reporting tool is the most efficient option for reporting listings that are potentially infringing on your rights.
The steps to register for eBay's VeRO reporting tool are:
- Register for an account through eBay that you haven't used for selling or buying
- Submit a notice of claimed infringement, including the user ID you have created
- Submit the notice to eBay: email@example.com
Upon receipt of the claim, the new user ID you created will receive access to the VeRO reporting tool. You will also receive additional instructions. After this step, all claims and reports can be submitted directly through the VeRO tool.
Another option for reporting potential copyright infringements is a notification under the Digital Millennium Copyright Act (DMCA). This notification should be sent to the designated agent at eBay, along with:
- A description or identification of both the copyrighted work and the location of the material that infringes on your intellectual property rights
- An electronic or physical signature of the authorized representative with the right to act on behalf of the copyright owner
- The email address, physical address, and phone number of the copyright owner
- Statements from the copyright owner that the information presented is accurate and that belief, in good faith, exists that the materials are not authorized by the owner and are, in fact, infringing on the protection rights.
The designated agent at eBay is available by mail at:
583 W. eBay Way
Draper, UT 84030
By email at: firstname.lastname@example.org
Or by fax at (801) 757-9521
VeRO Participant Profiles
As a VeRO participant, you can create a page on eBay's site with information about the rights of the intellectual property. You might choose to include information about:
- Potential consequences if someone infringes on your IP rights
- Your products, IP rights, and company
- Contact information for any questions or concerns
- Tips to avoid infringing on your protected property
- Other FAQs
If you need help with eBay trademark infringement, you can post your legal need on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.