eBay VeRO complaint: how to get the listing back and protect your account

Why appealing to eBay rarely works

Under the notice-and-takedown arrangements that marketplaces operate, eBay removes a listing when a rights owner submits a claim of infringement. eBay does not verify the claim first and will not rule on whether the rights owner is right. Sending eBay evidence that your stock is genuine usually produces a reply pointing you back to the complainant, because that is genuinely all eBay can do.

Work out which kind of claim you are facing

The claim type determines whether you have an argument at all, so identify it before contacting anyone.

• Counterfeit. The rights owner says the item is fake. If your stock is genuine and you can prove the supply chain with invoices, you have a real case to put to them. If you cannot document where it came from, you do not.
• Unauthorised reseller. The item is genuine but the brand restricts who may sell it. This is the most frustrating category, because the goods being genuine does not settle it. Outcomes vary by brand and by jurisdiction.
• Copyright in images or text. You used the brand's photography or description. This one is usually the easiest to fix: rewrite the listing with your own photographs and wording.
• Trademark in the listing. Brand name used in a way the owner objects to, often in the title, or a logo in an image. Frequently resolvable by rewording.
• Patent or design right. A claim that the product itself infringes. This is a legal question and is worth proper advice rather than a self-drafted response.

Contacting the rights owner

The goal of the first message is narrow: get a retraction sent to eBay. It is not to win an argument, and it is not to explain how unfair the removal was. Rights owners field a large volume of these, and the polite, specific, short ones get answered.

1. 1

   Take the listing down and leave it down

   Relisting the same item while a complaint is open is the fastest way to convert one removal into a selling restriction. Confirm removal in your message. It costs nothing and it changes the tone of the exchange.

2. 2

   Ask what specifically infringed

   Often it is the photograph or a phrase in the title rather than the product. If you find that out, the fix takes ten minutes and you can relist cleanly rather than fighting over the whole item.

3. 3

   Offer your documentation, do not demand theirs

   If the claim is counterfeit and your stock is genuine, offer supplier invoices proactively. A brand's enforcement team can close a case quickly when the paperwork is in front of them.

4. 4

   Ask explicitly for a retraction to eBay

   Even where a brand agrees you did nothing wrong, nothing happens until they tell eBay. Ask for it in plain words, and give them the eBay case reference from the removal email.

Subject: VeRO removal, eBay item [item number], [your seller name]

Dear [rights owner / enforcement team],

eBay removed my listing [item number] on [date] following a VeRO report from you. I have removed the listing and I am not relisting the item while this is open.

I would like to resolve this properly rather than dispute it. Could you tell me which element you objected to: the product itself, the images, or the wording in the listing?

[If the item is genuine and documented:] The units were bought from [supplier], a [distributor / authorised stockist], on [date]. I can send the invoices on request.

[If images or wording were the problem:] I will replace the images with my own photographs and rewrite the description before relisting.

If you are satisfied that the matter is resolved, please could you send a retraction to eBay referencing case [reference from eBay's email]. eBay has told me it cannot restore the listing without one.

Thank you for your time.

[Full name]
[Business name]
[eBay seller name]

Protecting the account, not just the listing

One VeRO removal is an inconvenience. A pattern of them is an account-ending problem, because eBay reads repeat infringement as a seller who is not controlling their sourcing or their listings.

1. Audit the rest of your catalogue immediately. If one listing used the brand's images, others probably do too. Pull them before anyone reports them.
2. Photograph your own stock. It removes the entire copyright category of complaint permanently.
3. Keep invoices for everything branded. For 365 days minimum, from suppliers who will answer a phone call.
4. Check the brand's reseller position before you list. Some brands publish it. A restricted brand is not worth the account.