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BH
BH, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 313
Experience:  IP and Entertainment Attorney
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I had a pair of Bulgari earrings listed on eBay. There are

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I had a pair of Bulgari earrings listed on eBay. There are literally thousands on there. A bidder stated "they were fake because they are 14k gold. He contacted someone who in turn had my listing removed. The strange thing is I contacted Bulgari and was told Bulgari has absolutely nothing to do with eBay. No emails - nothing! So how can eBay get an email in from Bulgari? I asked the lady at Bulgari if she would sent me an email stating they have absolutely no contact with eBay but she refused stating that is against policy. She said Bulgari has no control over anything that has been sold. EBay stated I violated the Verified Owners Right Program. How can this be when Bulgari has nothing to do with eBay? This makes absolutely no sense to me at all.

bridgeth :

Generally companies like eBay have strict take down policies. It is likely that Bulgari had nothing to do with the fact that your listing was removed and it was removed simply on the basis of the bidder's complaint

bridgeth :

Give me a minute and I will review eBay's user policy.

bridgeth :

Ebay reserves the right to remove a listing for any reason - whether or not a violation was reported. However, it is more likely that the listing was flagged for some reason. I found this site which might be helpful to you: http://pages.ebay.com/help/sell/questions/listing-ended.html

bridgeth :

Remember that when you are using ebay they have the right to do virtually anything as long as it is legal and it is covered by their User Agreement. So although Bulgari likely did not contact ebay or claim that the item was fake, eBay is still within its rights to remove your listing. Your best bet is to read the email that they sent you and resolve the issue with ebay directly.

bridgeth :

Let me know if I have sufficiently answered your question.

Customer:

I was told the listing was removed by the owner which is Bulgari. That you need to get permission to list certain items. I am the owner because I own them. If that was the case then anything with a "name" could be removed at anytime. They are totally sticking to it. They have no idea if in fact they are genuine or not.

bridgeth :

Well you are correct that you are the owner in the sense that you own the item and have the right to resell it under the first sale doctrine. However, they would be the copyright and trademark owner.

Customer:

Have you heard of an email starting with BulgariCOPS?

bridgeth :

Regardless of whether or not Bulgari actually contacted them to indicate that the item was fake is somewhat irrelevant because of the fact that ebay can remove your listing for any reason at their discretion.

bridgeth :

No, I have not.

Customer:

But again, Bulgari has nothing to do with eBay - no association whatsoever. That is who I have to contact. The last part is sipi.in

Customer:

So how do they receive an email from Bulgari when Bulgari has no contact with them? See what is confusing to me?

bridgeth :

When they say that they are not associated with eBay does not mean that they do not contact them to enforce their copyrights/trademarks. They may just mean that they are not associated companies.

bridgeth :

Generally big companies that have problems with knock-offs use third party companies to do their take down notices. I.e. they will hire a trademark monitoring company to send the notices on their behalf.

bridgeth :

It is more than likely that the woman that you talked to at Bulgari really does not know her company's policy and just knows that they are to say that they are not affiliated with ebay.

bridgeth :

Did you speak with a general customer service person?

Customer:

Several times - they honestly don't care. It honestly doesn't matter if you are right or not - must go by eBay policy. Can you tell I am totally disgusted? :)

Customer:

BotXXXXX XXXXXne - I can no longer list the earrings. Thanks for your help!

bridgeth :

Yes, it is unfortunate if your product is genuine but the botXXXXX XXXXXne is that it is ebay's policies that control.

bridgeth :

You can always try craigslist!

Customer:

I will thank you!

bridgeth :

Best of luck with everything and please rate my service good or better. Thanks!

Customer:

Thank you I will!

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