So, you’ve found someone selling counterfeit copies of your product on eBay. You’re not the first. Here at Red Points, we deal with problems like these constantly, so we’ve created this straightforward guide to help you report the eBay seller, and to take down those fake products.
Step 1: Prepare all your information
First things first, you’ll want to have all the important details ready.
Authorisation and proof of ID
- If you are acting as an individual, you will be required to provide personal details and possibly a scanned copy of a photo ID.
- If you are an agent working with the Intellectual Property (IP) owner, you will need a physical or e-signed document authorising you to act on their behalf.
- If you are acting as an agent of a business you will need a certificate of corporation.
Evidence of the infringement
- A screenshot or link to the infringing listing, the location of the infringing material on eBay, coupled with a description of the item, including details such as its ID number, price and seller details.
Intellectual property (IP) information
This includes any relevant details, such as:
- The IP owner
- Trademark registration number
- Patent number
- Design right registration number
- The regions of IP registration
Through VeRO, you can also report alleged copyright infringements via a Digital Millennium Copyright Act (DMCA) notification sent to eBay’s designated agent, ensuring you send all the details requested. The full list can be found here:
Step 2: Use VeRO to your advantage
There is an option to create a free VeRO profile on eBay that lists a company’s trademark and other IP rights. This can quicken any takedown requests and provide clear guidelines for any sellers with potentially infringing products. Email the VeRO team to request a profile firstname.lastname@example.org
This profile can include:
- Full list of products and services covered by your IP
- How to contact your IP department with any concerns
- The consequences of selling IP infringing products
- Goods which sellers regularly have issues with and tips to avoid infringing on IP
- List of authorised distributors that sell real products.
Step 3: File the report
Once you have all the following information, you will need to complete a “Notice of Claimed Infringement” which eBay provides, and you can download here. You will need to decide what type of infringement it is, according to the codes provided on the form.
Send the completed form to the VeRO team at this email address:
Or by fax:
If your report is dealing with copyright infringement, you can contact the eBay designated agent, and send in your DMCA notice.
eBay Designated Agent
583 W. eBay Way
Draper, UT 84020
Or by fax:
The VeRO team will respond and request evidence of IP ownership and/or permission to act as an agent of the IP owner. It’s important to mention in the correspondence any further listings that infringe on the same trademark or copyright issues; the team will then be able to handle multiple removal requests.
What can I report?
eBay will accept a removal request if a product or listing infringes on your IP rights; these can be broken down in trademark and copyright infringements. You can find the full eBay IP policy here.
This is the use of a logo on product/service or unauthorised association. Counterfeits are a form of trademark infringement; they are products which explicitly try to imitate a product by copying design or patent elements and also branding components. The selling policy on eBay explicitly states that replica products are not permitted on the site. These are products that imitate a copyrighted design or patent illegally. Replicas do not explicitly use a company’s logo or other trademarked items but rather copy function or design elements.
This could be protected images, text and videos on the site. If a seller is using a business’s content without permission then the owner of the image can request to have it removed from the listing.
What won’t VeRO remove?
Providing that the listing is not infringing on any IP rights and was obtained legally, eBay will reject complaints that are made on the following grounds:
Ebay will not uphold any complaints by IP rights owners who wish to control where a product is resold. They will reject complaints that are made in an attempt to enforce distribution contracts to authorised sellers.
Complaints made to eBay about products being sold below their minimum advertised pricing will not be accepted.
Any restrictions put in place between sellers and suppliers, such as image use, description or method of sale are contractual issues and eBay will not support any complaints of this nature
If you're still confused, feel free to email us at: email@example.com and we can help you through this process. If you use Etsy as an additional platform, check out our guide to reporting counterfeits on Etsy.
Otherwise, if you've followed this guide, then soon the counterfeit will be down, and with some luck, you’ll never see a counterfeit again! But, things aren’t ever that simple. You can report sellers on eBay and remove fake items one by one, but it's a slow, inefficient process, and your counterfeit issue may be far deeper than you even realise. For a full, long-term solution to your counterfeit issues, get in contact with us and we’ll be happy to help put an end to your worries.
Red Points’ legal disclaimer.
The contents of this publication do not necessarily reflect the position or opinion of Red Points. The services of the Red Points Blog are not of a legal or advisory nature and no responsibility is accepted for the results of any actions made on the basis of its services. Before taking specific actions in relation to IP protection or enforcement all customers are advised to seek independent legal advice.