How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask BH Your Own Question

BH
BH, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 263
Experience:  JD and Masters of Law in Intellectual Property and Media.
67520588
Type Your Intellectual Property Law Question Here...
BH is online now
A new question is answered every 9 seconds

I had a pair of Bulgari earrings listed on eBay. There are

Resolved Question:

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.
Submitted: 1 year ago.
Category: Intellectual Property Law
Expert:  BH replied 1 year ago.

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!

BH, Lawyer
Satisfied Customers: 263
Experience: JD and Masters of Law in Intellectual Property and Media.
BH and 3 other Intellectual Property Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Alex Reese

    Lawyer

    Satisfied Customers:

    2757
    Experienced in intellectual property law
< Last | Next >
  • http://ww2.justanswer.com/uploads/sosolid007/2010-08-05_070536_Suitpic.jpg Alex Reese's Avatar

    Alex Reese

    Lawyer

    Satisfied Customers:

    2757
    Experienced in intellectual property law
  • http://ww2.justanswer.com/uploads/scottymacesq/2009-6-10_221523_small.jpg Robert McEwen, Esq.'s Avatar

    Robert McEwen, Esq.

    Lawyer

    Satisfied Customers:

    557
    Licensed Texas General Practice Attorney
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    528
    I assist my clients with IP questions that arise in their daily course of doing business.
  • http://ww2.justanswer.com/uploads/tswartz123/2010-02-08_225658_Tommy.jpg Thomas Swartz's Avatar

    Thomas Swartz

    Lawyer

    Satisfied Customers:

    409
    Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
  • http://ww2.justanswer.com/uploads/personwilt/2010-1-10_164828_person1.jpg Wilton A. Person's Avatar

    Wilton A. Person

    Lawyer

    Satisfied Customers:

    352
    MBA, Experienced and Knowledgeable in Intellectual Property Law
  • http://ww2.justanswer.com/uploads/BA/bart0358/2012-1-23_232424_1056.64x64.JPG BartEsq's Avatar

    BartEsq

    Researcher

    Satisfied Customers:

    192
    Juris Doctor
  • http://ww2.justanswer.com/uploads/IP/ipesq/2012-1-9_164431_RetouchPortraitHighResCopy.64x64.jpg ipesq's Avatar

    ipesq

    Lawyer

    Satisfied Customers:

    134
    Specializing in patent prosecution, trademark and copyright registration/enforcement.
 
 
 

Related Intellectual Property Law Questions

Chat Now With An IP Lawyer
BH
BH
Attorney
203 Satisfied Customers
JD and Masters of Law in Intellectual Property and Media.