eBay VERO reason codes

[jheilman]

I've never reported infringement under eBay's VERO policy and could use advice. Someone in the UK has purchased my Time Bandits map replica, scanned it, and is selling knock-offs. I would like to report it, but not sure which reason code would apply, if any? Here are all the options. Maybe 3.2? Or 6.1?

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Trademark – item infringement

1.1Item(s) is a counterfeit product which infringes a trademark (provide trademark registration information).

Trademark – listing content infringement

2.1 Listing(s) contains unlawful use of trademark (provide trademark registration information).

Copyright – item infringement

3.1 Software is offered for sale in violation of an enforceable license agreement (eBay will not process reports seeking to prohibit the sale of genuine unopened software).

3.2 Item(s) is a counterfeit product which infringes a copyright.

Copyright – listing content infringement

4.1 Listing(s) contains unlawful copy of copyrighted text.

4.2 Listing(s) contains unlawful copy of copyrighted image.

4.3 Listing(s) contains unlawful copy of copyrighted image and text.

Other infringement

5.1 Item(s) infringes a valid and enforceable patent (provide a copy of the relevant court order and the patent registration information).

5.2 Item(s) infringes a registered design right (available in Europe, Asia, Australia, and New Zealand only - provide design right registration information).

5.3 Item(s) violates a celebrity's right of publicity (available in US only).

5.4 Listing(s) content violates a celebrity's right of publicity (available in US only).

5.5 Store name or User ID infringes on a trademark (put user ID or Store URL in ‘Item Number’ field and provide trademark registration information).

6.1 Other – please detail in “Description of why you believe listing(s) infringes your rights”field.

 

[stussy]

do you own the trademark for the map? if not, don't think you are going to get much help off ebay. they won't care they will still make money off the item who ever sells it unfortunatly.

 

[jheilman]

I've read others here stopping recasters on eBay. They are for items that the original maker did not have a license. So, I thought anything that was copied could be stopped?

 

[Moviefreak]

I've read others here stopping recasters on eBay. They are for items that the original maker did not have a license. So, I thought anything that was copied could be stopped?

Not really. You can talk to people in the free paper prop section and they will tell you that they pretty much have given up on trying to stop the sale of recast paper props. Many of them have gone through this same thing and they have just come to accept that it is going to happen and there is not much they can do about it. You are right, you have read that many of those items do get removed upon complaints, but usually not by eBay. The seller usually removes it because they get tired of the initial bombardment of messages from the person they stole the image from. But after a few days or weeks, they repost the item and never look back. Unless you can upload some form of documentation to ebay showing that you do in fact own the rights, then they will not shut it down.

 

[jheilman]

OK. I'll move on.

 

[Serenity]

You may want to identify the seller so we can add them to our block lists.

 

[jheilman]

Time Bandits Reproduciton Map - Terry Gilliam 20"x33" approx size

 

[JoeG]

When I wrote to him and asked if this was his original work here is what he said:

"Hi, Im not a printer I buy and sell posters, normally Limited Edition Screen prints but about 5 years ago a collector an artist was closing his Etsy shop and I bought his stock including these. I was under the impression all the work was his original work, I've seen a few versions this map for sale but to be honest I've not paid much attention."

 

[jheilman]

Sounds fishy. I was never aware of a fellow etsy seller with TB maps except Indy Magnoli selling Joatrash's map. But, no one selling knock-offs I ever saw. Oh well. As has been said, nothing I can really do about it I guess. Would be interested in seeing an extreme closeup of one of these. They are printed on paper. Would like to see if the canvas texture is in the print. That would tell me if it's a scan off one of mine, or somehow my actual source file was compromised.

 

[stussy]

can you make more and sell them cheaper than him?

 

[Moviefreak]

Would like to see if the canvas texture is in the print. That would tell me if it's a scan off one of mine, or somehow my actual source file was compromised.

I messaged them about it asking if it was on canvas or if it has a canvas texture look to the print. They replied that it is not canvas and the print on paper does not have a canvas texture printed to it. They said it is just color on paper.

 

[jheilman]

can you make more and sell them cheaper than him?

I can't let a paper knockoff set the price for my canvas giclee prints, no.

 

[jheilman]

I messaged them about it asking if it was on canvas or if it has a canvas texture look to the print. They replied that it is not canvas and the print on paper does not have a canvas texture printed to it. They said it is just color on paper.

Well, that's disappointing. At least they are responding to your questions. They ignored mine when I asked them why they were selling copies of my work. That was a couple months back. I'll try again. Seems to have a strong eBay rep.

 

[stussy]

I can't let a paper knockoff set the price for my canvas giclee prints, no.

surely your canvas map is going to be a better item than his cheap paper print.people after the quality map will still buy yours rather than a paper replica i would think,so don't stress too much much.

 

[jheilman]

surely your canvas map is going to be a better item than his cheap paper print.people after the quality map will still buy yours rather than a paper replica i would think,so don't stress too much much.

I'm not really worried about his sales hurting mine. I've had really bad knockoffs in the past. Someone used a screenshot off the RPF to set up a Cafepress site selling Time Bandits map shirts and mugs. The one review I read said they looked horrible. But this recast looks pretty good which makes me want to know how it got out there. But you're, right. I won't stress too much.

 

[stussy]

just checked and he has no items for sale and i can't see any feedback of him selling the map.good luck with your sales mate.

 

[jheilman]

It's odd. When you click his user name, it shows thumbnails for some items for sale. His TB map is still on there as well as movie posters. When I click to "see all items" there's nothing.

 

[jheilman]

Kudos to the eBayer for replying.

"Apologies, I thought I'd replied to your original message. I got a job lot of merchandise from a movie replica Etsy store about 6 years ago and have been selling them sinse them. To be honest the lotnbeing a movie props I didn't think to look into legitimacy of them, I've tried finding the contact details of the artist but was so long ago. I've seen there are a few versions out there. If you can send the proof it will help me get to the bottom of it and I'm happy to take these down until I do, I don't have many copies left."

 

[Moviefreak]

just checked and he has no items for sale and i can't see any feedback of him selling the map.good luck with your sales mate.

If you scroll to the second page of his feedback, he sold another one in the past few months.

 

[Moviefreak]

I actually went back 11 pages of his feedback and he has sold 27 in more than a year. So he’s been selling these a lot longer than just recently. And I stopped at 11 pages, so he could have sold a lot more.