There is a way for brands to address unauthorized sales activity on eBay for new merchandise, which essentially is an attempt to low-ball or undercut the retail pricing established through the corporate and authorized retailer channels.
Many companies are unaware of this, but eBay has a program to empower brands and eliminate trademark infringement and copyright violations in eBay auctions. The result of enforcement is a precipitous drop in the number of third parties leveraging a brand’s IP (intellectual property) assets for profit. The name of eBay’s program is VeRO, and this acronym stands for Verified Rights Owner.
The VeRO program provides participants with the ability to identify and request removal of allegedly infringing items and materials, particularly the unlawful use of trademarks and copyright-protected content. If the infringing eBay user attempts to publish the same or similar listing, their account will be suspended by eBay.
How It Works
Once you have identified a listing on eBay that violates your copyright, trademark, or other intellectual property rights, all you need to do is download eBay’s Notice of Claimed Infringement (NOCI) form, fill it out, and fax it to eBay. You can download the form by visiting eBay.com. After eBay has received your first NOCI, they will send you an electronic version of the NOCI form as well as instructions on how to submit future reports electronically.
In addition, eBay will allow organizations to educate eBay users about their products and legal positions by creating an \"About Me\" page. eBay states that many of their users cease listing potentially infringing items when presented with such information. For example, Motorola’s “About Me” page defines trademark infringement and copyright violation, then further explains why an auction or sale of “Motorola” or Motorola “related” products and/or services may be halted.
If your company is a direct selling or network marketing brand, such as Mary Kay or Herbalife, you may also cite the violation of a trade agreement between your company and your distributors to remove listings.
Incidentally, Apple Inc., the manufacturer of the iPhone, does not currently participate in the VeRO Program.
http://www.isedb.com/db/articles/1685/
