I am a long time eBay seller with 100% feedback score and have never ever had a listing removed... Until now! I was able to purchase their PlumLips Lip Gloss at a great price and decided to buy 10 of them because they had a special deal going on and sell them on eBay for almost 65% off of what they normally cost. These were GENUINE products; not in any way, shape or form counterfeit! I sold several of these items and all of my customers were very happy with them — not one single complaint.
Well, I guess Freeze 24/7 International didn't like the fact that I was offering a better deal than them so they purposely filed a FALSE claim against me claiming they were counterfeit items! If you are familiar with eBay and their ridiculous policies; you probably know what happened next. Yep - eBay automatically removed my listing without verifying any of their claim!
I recieved an email response from eBay that stated that they do not have time or the resources to verify that these claims are true. They just remove the listings automatically; regardless of whether they are valid claims or not!
EBay then suggested that I contact Freeze 24/7 Intl and provided me with an email address to do so. After many, many unanswered emails; I sent one last email to them:
"Below, is a copy of the email I have sent several times and have yet to receive a response. I believe that you and/or your company unjustly reported my listing to the VeRo department of eBay due to the listing price of my item. I legally purchased these items and have the receipts as proof of purchase. I am; therefore, protected under the First-Sale doctrine which supports my right to resell an item once I have purchased it and it prohibits companies such as yours from claiming trademark violation as a method of trying to suppress legitimate resales.By having my eBay listing removed; you have violated my rights under this doctrine.
Recently, your company reported my item, 270409938699 - Freeze 24/7 Lip Plumper Gloss Large Size. 28 oz CLEAR, to eBay as violating your intellectual property rights. As I understood it, the violation was that I had used a "stock photo" of the product without gaining the proper authorization.in an effort to rectify this error, I deleted the photo that was in violation and replaced it with one I had taken. I then reviewed the contents of my listing to make certain that it was in compliance with eBay listing rules before re-listing it on 6/18/09. I just received another notice that my newly corrected listing, 270411046520 - Freeze 24/7 Lip Plumper Gloss Large Size. 28 oz CLEAR, has once again been removed due to a new complaint from your company. The reported complaint stated "Trademark Violation - Unauthorized Item, then went on to explain "It's against the law to sell fake or unauthorized copies of a brand-name product. It can also be misleading for buyers. So if the product you're selling bears the brand name or logo of a company, but it wasn't made or authorized by that company, you aren't allowed to list it on eBay." This item is in no way, shape, or form a counterfeit/fake or unauthorized copy of the real product. The products are authenitic and I legitimately purchased these items in good faith from retail locations. I am not a distributor receiving this product from your company at cost and diverting it; nor am I a rep employed by any vendor. For these reasons, I am unaware of how my new listing was in violation of your company. If you would be so kind as to respond to my email inquiry, I would very much appreciate it. Thank you."
You guessed it... NOTHING! No response to ANY of my many emails requesting further info. The company knows darn well that they made fraudulent claims and they know that little people like me don't have the resources to fight back. STAY AWAY from this company and ALL of their products please!!
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