The Government and Big Companies Are Out To Get Ebay Sellers BOI and VERO

[@commonwealthflipper]

Update. 3 judge panel on the 5th district overturned this decision. BOI reporting is now required again. A full appeal likely won’t be heard in the 5th district soon nor in the Supreme Court. Legislation In Congress certainly won’t happen before this new deadline either.

[@SBrown-jc4uy]

IP Attorney here. Great video & topic. I once had just a case similar to the hypothetical one you mentioned. You are correct, the Court sided with the seller using the trademark to sell his genuine goods. That is why companies going after eBay sellers often (without evidence I might add) claim that the product at issue is counterfeit. That actually happened to our family's eBay account recently (Hobby Lobby of all places...) and it was pure joy for me to handle that for them.... (BTW, this is not legal advice, please consult an attorney to review your particular situation).

[@commonwealthflipper]

Amen. So tell me this. Why doesn’t eBay stand up to this more often. Or do you think that they do and we just don’t see it.

[@msunites2977]

@SBrown-jc4uy Just for my own brain cells then if it were "ok" for Online Business "A" to buy from Brick and Mortar Retailer "B", Widget "X" with intent for resale what makes that different than Brick and Mortar Retailer "A" to be buying from Brick and Mortar Retailer "B" and resell at whatever price they so choose. This exact scenario happened to two businesses local to me. One was a game store chain with a handful of stores who sent employee's to Walmart, Best Buy, Gamestop and other retailers buying up product and then offering it up in their brick and mortar stores at full markup. The NY State Attorney General shut that local game store chain down under predatory business conduct practices. All stores were yellow taped, an injunction serviced that they never came back from. I know of another business that was sourcing Toys and Art products from Walmart, Target and Michael's store that was also put under after complaint to the NYS AG albeit I dont know any the detail of that case.

[@WellnessWizdom]

They don't stand up to it more because it's cheaper to ignore it. They might also be afraid of losing, which as you said would change everything. You'd think they would win easily, but unfortunately judges don't always use common sense.

[@whitebathroomguy]

And you can try suing them for libel/defamation of character, for pretty much saying our products are fake/fogazie..😊

[@msunites2977]

@@WellnessWizdom eBay is a venue, a service, they don't represent sellers. No different than if the FBI happen to visit you're booth at a flea market given a claim by a customer of some fake product that one expect the flea market proprietors to defend the vendor. If I've a product in a retail brick and mortar than Puma or a customer says in counterfeit the police arrive. I get charged, they take the product and I've my day in court to prove its legitimate. Why would I ever expect eBay to fight on my behalf? I expect eBay to fight on eBay's behalf and that's exactly what they do.

[@montegoselections]

Yeah, as soon as I heard what Puma was doing I swore to never buy Puma products ever again. Insane!

[@Major_Win]

Yeah, we’re not going to buy anything from any company that plays this game.

[@Implied_Confessions]

Puma is having a fit over reselling because their product is not what it once was and their profits have tanked. Instead of fixing their brand and promoting it they're trying to limit availability while hoping customers will come back. Anyone with an ounce of commerce sense would know it will never work. Their corporate advisors need to be fired!

[@wilson9999100]

If you receive a negative feedback because slow delivery times due to the post office. It should be removed. As long you have met your shipping time. It's not my fault that the post office is slow dam slow.

[@bryna7]

Louis dejoy openly admits to wanting to kneecap the post office.

[@StaceNyourFacee]

​@@bryna7 It's working, unfortunately. 😕

[@Non-Giving-UpSchoolGuy]

@@bryna7 If someone tries to make the government not work the way it should then they should be banned from being a civil servant.

[@ChrisVaughn-w6v]

I don't sell Puma, but one of the things that frustrated me was that they obviously were targeting the individual seller while leaving the big fish... who can legally defend themselves... alone. While they were going after us across multiple platforms, big companies like Goodwill continued to sell Puma online etc.

[@rogueinvestor2375]

They bank on the fact the small resellers can't afford to fund a legal battle that often lasts years.

[@TheSoberReseller]

My Go To Tape! Thank you for another great video. I'm fairly new to reselling and only part time so I have only heard about these issues from watching your videos. I appreciate you keeping resellers informed.

[@CarolNine]

As far as companies like Puma banning the sale of their items on eBay and other platforms, I would think that it is unconstitutional also, unless you are selling actual counterfeit items. What will they do next, sue people who hold garage sales? It would be great if some people would start petitions saying that all the people who signed it were now going to boycott Puma (or any other companies doing this) and tell their friends and family to boycott them. If they received enough petitions with a lot of people having signed them, maybe they might think twice about this practice.

[@Auteric00]

That’s all you have to do never sold puma but if I did what is puma to gain by taking my 19.95 listing down. Me never buying puma again and anyone I know telling the story. By me not making only one new puma purchase they lost money by taking down a listing.

[@nancyathearn8298]

My Go 2 Tape. Thank you for another informative video! Merry Christmas!

[@lovemytreasure]

My Go 2 Tape - great topics and congratulations on the great sales!

[@sharonhughey4869]

I’m glad you talked about PUMA. I had a track jacket that I had bought from a department store that my son had outgrown taken down. I knew it was real so I couldn’t figure out what was wrong with the listing. Over half of my items are clothes that he can no longer wear & I use that money to buy new clothes for him. Like you said, if we bought it & paid for it we should be able to pass it on to someone that does need it & at an affordable price for them. It helps both of us out.

[@AffordableTreasures]

So nice of Joel to give away so much tape. Happy holidays love your videos.

[@DivaJefferson]

Thank you for the video! My Go 2 Tape. I dissolved my LLC in December 2023. I am getting emails to file for the BOI still myself. Not paying for that when I don't even have a business anymore!

[@Jorejaha-c7h]

they are legally required to believe 100% that it is counterfeit. We cannot class action ebay but we sure as hell can class action Puma. Also we could petition states' AGs to go after ebay for unfair business practices.

[@WellnessWizdom]

It's not an unfair business practice if as you say eBay is legally required to do it.

[@Jorejaha-c7h]

@@WellnessWizdom i didnt say that they were legally required to do anything except be 100% positive that something is counterfeit before taking ANY action.

[@craigwinans1948]

First sale doctrine and fair use are the 2 things you need to know when/if you sue them for taking down your non counterfeit listings. Fair use allows pictures and descriptions that are used to accurately define/describe what you are selling. Trademark does not protect companies from this.

[@ksnax]

The problem is that Ebay doesn't want to fight that for us sellers.

[@craigwinans1948]

@@ksnax Who said anything about Ebay fighting for us? If you want something done right, you have to do it yourself. Eventually, if enough people sue, Ebay will have to stop this nonsense when they get pulled into the lawsuits as accomplices for facilitating the crimes.

[@JMidwest1999]

Puma will end up in land fills or all be sent to other countries. What is Goodwill going to do with their Puma donations???

[@gulfcoastsunset5879]

I haven't watched in a while, Nice sales, and you are SPOT ON with your talking points! Thank you for bringing this to our attention and educating us on what is going on (massive overreach-especially the Puma one) its concerning, but sadly most people wont care until it actually effects THIER own sales. Anyhow, excellent content!! " Merry Christmas & Happy New Year to you & yours!"✨ 🎄 - Greenville ,South Carolina

[@BadReputationBoutique]

My Go 2 Tape. I really enjoy your videos, Kevin. I like that you talk about your merch and shipping as you're covering a subject. It's like we're all hanging out and chatting together. I often play your videos while I'm doing my own Ebay stuff. Keep up the good work!

[@commonwealthflipper]

Thanks. I appreciate you.

[@BrandyB816]

My Go 2 Tape Thanks for all the info as always Kevin! I ❤the trash to cash podcast by the way 😂

[@GrumpyNomad1]

My go 2 tape. The federal government is completely ridiculous. There's a reason that the constitution says what it says. Every year they overstep a little more sometimes a lot more. Hope all of you have a great holiday season.

[@ZechariahHeck]

It’s not government my friend. I’m a resellers as well. It is corporate greed. I would elaborate but I’m not going to. I hope you understand that. The last thing we want is to have government regulation cut.. things would only get worse.

[@Six_And_Twelve_String]

If the property is ours, then what is the company's problem? The item was already paid for retail price and so now it should be out of their hands, The deal was done for the price that they wanted for it. Done deal. How do they think they can keep their hands on it after it has been sold????? You are a hundred percent correct on your assessment. Let me know how I can help you with your obvious revealing reality.

[@bluedogron]

My Go 2 Tape! Another interesting video Kevin. I look forward to your video's every time you post a new one. Thanks for the content.

[@MaggieRobinsonmaggierecruits]

My Go To Tape! I hope you and your family are having a wonderful holiday despite the flood. Praying for ya"ll!

[@pascalallen4261]

My go to tape, keep doing what your doing, great content learning alot

[@Six_And_Twelve_String]

i THINK YOU ARE CORRECI think you are correct about the stupid regulations. Property purchased is our own property.

[@padutchtravel]

MyGo2Tape. And I agree with the point you made about you have to do what's right for your business. This is definitely not a one size fits all type of business. I am similar to you in the fact that I usually price around the middle and then mark down as I see fit. Thanks again Kevin for all your videos they keep me informed and entertained while I list.

[@susieqtx]

My Go 2 Tape Thank you for explaining the latest court ruling. Merry Christmas! 🧑🏻‍🎄🎄

[@ThriftedSpirit]

My two puma items haven't been touched. I'm treating it as if I wasn't watching all the other resellers and would have no idea it was going on.

[@budlady7]

I like your videos and this one was very interesting. In my opinion, if you buy it becomes yours to do as you wish.

[@buyatreasure]

Got an email from ebay this week talking about their new program starting in January where we have to pay per click on our items. What's that all about? Do you know?

[@debmartindale6991]

My Go 2 Tape Thanks Kevin. Learn a lot from your videos.

[@totesmcgotes1]

My go 2 tape! Merry Christmas 🎄🎁

[@dolfinwriter5389]

Regarding Puma, they ARE abusing the trademark infringement as an excuse because they don't want ANYONE reselling their products. eBay will not prohibit selling Puma entirely like Amazon will, so this is how they achieve the same goal.

[@johnd4371]

That "naughty girls..." tshirt was a youth large??? What kind of parent would buy that shirt for their kid??? I can't be the only one asking this question 😂

[@arlenet146]

My Go To Tape 🎉🎉🎉 Thanks for all you do! I've learned so much from you.

[@josh33025]

My go 2 tape. I had one used puma shirt get vero'd then I guess it was auto appealed then they relisted it.

[@ksnax]

I have stopped buying ALL Puma, for my store, for myself. It's beyond the pale to bar people from selling the stuff they legally own.

[@commonwealthflipper]

In some ways they win if you stop selling them. I understand for yourself but to buy and sell?

[@ksnax]

@@commonwealthflipper Path of least resistance and not fighting the battles not worth my time. With thousands of other brands available to sell without the hassle, they are hurting their brand more than they are hurting me.

[@autumnmcewing9211]

You know Kevin this stuff will pass soon. You just keep on being a great reseller and all will be fine with you ❤❤❤

[@patrickchilds5486]

I filed my beneficial owner in November. Yes government always in your business.

[@coolranchdirito7149]

My Go To Tape... Love your videos, I watch them all and appreciate your advice, business or other wise. Great content every time!!🥰🥰

[@commonwealthflipper]

Thank you kindly!

[@AB-pd6nu]

Thanks! My Go To Tape

[@Purple_Kelly]

I got a VERO for Puma pants. Two days later EBay said it was unfounded and relisted the pants for me. I didn’t even ask for a review, they did it themselves. Maybe so many other sellers complained so they reviewed them all?

[@patriciagonzalez2389]

My go 2 tape. Always love and learn so much from you.

[@franklincountypicker3897]

Did the gifts I sent you guys make it safely? I watch your videos all the time

[@commonwealthflipper]

Yes they did. I have delayed videos a week or so. Thank you kindly. They are awesome.

[@Implied_Confessions]

If the financial crimes people want that info on LLCs then they can hop on individual state websites and pull the LLC member info for every single LLC that is already provided when an LLC is formed. It's already there! They just don't want to do the work.

[@Auteric00]

Kinda what I was thinking. 😂

[@mauison]

The IRS also has this info. LLC's that are S-Corps or partnerships report income for each shareholder or partner on their annual income tax return through K-1's so they need the shareholder/partner information to do so. But like you said, they just don't want to do the work or share the info with other federal government entities.

[@traceymaitland289]

Love all the great info. Thanks. Would love the my go 2 tape.

[@lkvintagepa]

Totally agree with you! If I buy it I should be able to sell it!

[@sarahhardy8649]

What about the new rules about selling stuff to Europe and Northern Ireland (but not the Uk). The requirements are mad.

[@TheLuigi69]

N.I is part of the 🇬🇧... it's Southern Ireland that's seperate & still in the corrupt E.U

[@michaelhines8779]

My Go 2 Tape. Merry Christmas to you and your family

[@Jorejaha-c7h]

I had a NIB Hasbro item pulled. It had a Marshall's sticker on it!!! I looked up locations where it is sold and lo and behold Marshall's was on of their sellers for that item. I gave it to a friend and he put it back on ebay and sold it.

[@m.lynnenewton853]

I heard somewhere that you cannot sell a Tesla on the 2nd market. You have to sell it/trade it back to Tesla.

[@commonwealthflipper]

You can sell a used Tesla

[@kimloftis5890]

Had this happen with a Motley crew shirt . Ebay forced me to remove it. It was not a fake . I also had a pair of Coleman cozies that I was told I had to remove, which made no sense to me at all. I am of the thought , if you purchased them, you should be able to sell them .

[@dananderson128]

Thanks for this video. I had not heard about the court ruling!

[@jennyarduser3096]

My Go 2 Tape! Happy Holidays!!

[@dfigueroa847]

Yes, my puma listing was removed recently about a few weeks ago on ebay for being counterfeit which i knee it wasn't. It was a basic $10 tshirt that belonged to daughter that I bought for her uniform for her soccer games. The listing was removed, I got dinged for it however I never appeal it or anything, i just left it alone, it did upset me. Then recently about a little over a week ago i got an email from ebay saying, good new my appeal has been approved your the puma tshirt and whatever action that was taken on my account has been removed. 🤷‍♀️ So I was confused. So this video explains alot. Thanks

[@adyscript]

My go 2 tape Also, the other night, we had an order that took me 2 hours to find 😅 thankfully, that doesn’t happen often, which is a miracle in our house, and i don’t recall ever having to cancel an order because i couldn’t find it, also a miracle. Glad I’m not the only one 😅

[@sarahweiss9234]

My go to tape. Really liking the videos

[@lindafischer7760]

My Go To Tape Love listening to you!

[@ezkhaos5116]

Always love your videos. My GO 2 Tape

[@malgorzatawandycz7912]

My go 2 tape hi Kevin i agree with you. The counterfeiters are the culprits.

[@whatthecatfound4096]

My go 2 tape another great topic.

[@Sailorsalesaway]

My Go 2 Tape! Brand new baby part-time reseller here. Made just a bit over $1000 my first month. Way more than I ever expected just starting out. Your videos have been very helpful with getting me started off on the right foot. Thank you so much. Merry Christmas!

[@stephanie7358]

My Go 2 tape! Would love to try the larger tape! Hope your wife is feeling better! Something we take for granted, at least I do, is feeling well! Feedback frustrates me! Too much stress! I just had eBay back me after a buyer left a negative but left a nice comment. Merry Christmas and a Happy New Year to you and your family!

[@RobinEverhart-x5p]

My Go to tape! I tried listing a infants one piece item aka onesie and they wouldn't let me use the word onesie. I had to change the listing to a one piece item. Really,

[@kennethkulp7734]

I agree with you, if you pay for it you own it. Is the trademark infraction the same on why we can not use Velcro and have to use Hook and Loop when we are describing closures? My Go 2 Tape! Hope the family is healthy and Happy Holidays!

[@WellnessWizdom]

Yes. Just like you can't use the word Nike to describe a pair of reeboks, you can't use velcro to describe someone else's hook and loop closure. If it is an actual velcro product, then technically you can use the word.

[@diymaster2995]

My Got 2 Tape. Great Content

[@SweetPeasx3]

MyGo2Tape!!! I agree with everything you said Kevin. They are after us resellers. They dont want us to make a penny off of their items. Which is ridiculous. I spent so much money on namebrand stuff when my boys were growing up. If we cant resell the stuff we bought then we should stop buying their stuff to begin with. Most of it is ridiculously priced to begin with. When people buy from resellers at least they are getting a deal. Wishing you and your family A Very Merry CHRISTmas.

[@mitchbarker8818]

My Go To Tape ~ Appreciate you Kevin

[@rgdodson]

As a private business, I understand that eBay can establish its own rules for selling on its platform. However, eBay can not restrict a legal owner of a product from selling their product because if you own an item, you have the right to sell it under the First Sale Doctrine. Companies can claim the item is counterfeit, but the seller can dispute the claim, and the burden of proof is on the company that made the claim. I refer to this as the "Go Pound Salt Doctrine."

[@Watchingitnow-b2r]

One thing that maybe could help counter big companies who bully eBay resellers could be have all KZbin resellers call for a boycott of those brands who try/have tried going after eBay resellers. Full nationwide boycott. Carefully done ofcourse. Kind of like a challenge/boycott movement

[@lynnewiedel2429]

My Go 2 Tape. Great info!!

[@susansanders499]

My Go 2 tape thank you Happy Holidays

[@jamiebaker6605]

Thanks for the video!! my go 2 tape!!

[@newtman66]

Hi Kevin. I was just wonderimg. What software and or program do you use to edit your videos. Thanks in advance

[@commonwealthflipper]

In shot. I do it all with my phone

[@dananderson128]

Also. I totally agree with you about Puma! That is ridiculous.

[@rockymountainreseller]

My Go 2 tape. Best you tuber ever

[@MrSadie123]

I like the car analogy, you could even take it one step further and add trading in a vehicle, why wouldn't they stop me from trading in my chevy truck to a ford dealership?! (for the record I would never do that lol) Another well thought out video Kevin Happy Holidays friend!

[@commonwealthflipper]

lol

[@AngelSmith-m7e]

My Go 2 Tape :) Merry Christmas!!!

[@geoffreyg71]

Absolutely crazy. Once you buy a brand new Mercedes and drive it off the lot, it ceases to be new and is now used. But it does not cease to be a Mercedes. So if you go to sell it, are you supposed to refer to it not as a Mercedes, but as a car with an almost peace sign looking logo? The brand is the item, in many cases. It does not suddenly become generic after the original sale.

[@pupsterpicker3635]

Happy Holidays! My go 2 tape

[@Bobsbargainbasement]

Had a Puma hat listing taken down a couple weeks ago then last week out was reinstated by eBay . They said I won the litigation but I had not tried to fight it !? 😂 I only had the one Puma hat. I have not relisted it

[@commonwealthflipper]

That means eBay is doing their job. Hope other companies take note.

[@Non-Giving-UpSchoolGuy]

100% agree. Corporations have too much power in this country.

[@wesleystokes5540]

Same thing happened to me this week. I’ve sold 5 pairs of Pit Vipers (had 6 listed). eBay’s “AI” removed my listing for my last pair claiming they were fake. I included a link to the pit viper website on how to identify a fake pair!!! Frustrating….😡

[@donnasstitch-in-timecroche8903]

I completely agree with everything you said about copyright and selling what we own. Like all other eBay resellers I have a lot of brand name product in my store. As far as I know none of it is fake. I have one purse that is obviously a Coach wannabe, but it doesn’t say Coach anywhere. So I listed it as a brown, cloth bag. I previously had it listed as a “Coach Wanna Be”. That was in my title. What I was saying was that it was not Coach but had the look of Coach. eBay removed it. I relisted it without reference to Coach. And it’s all good. But I do own a legitimate Coach, also Michael Kors, Vera Bradley, Donna Sharp and much more. If I’m not allowed to list them as what they are then I’m out of business. I realize that’s what Big Corporate wants, but is it better to put it in a landfill??? I tell you that if they could find a way to make royalty money on our sales, they would not be saying anything against us selling their products second hand.

[@susanmontano9068]

My Go 2 Tape - Merry Christmas!

[@IntegritySales-fs1vf]

you cant use the word,Lightning unless its an apple product!!!!! Thanks for the great info!

[@joeoconnor87]

MY GO 2 TAPE. Thanks for the videos. Why doesn't the1st sale doctrine cover all of this?

[@commonwealthflipper]

It does but the end issue has never been adjudicated fully so companies use the crutch of counterfeit to bully folks.

[@mitzimilligan4596]

My Go 2 Tape love your videos

[@cloisterene]

Size 11/13 is a Juniors (teen) size; however, there are some adult women who can wear teen sizes.

[@whitebathroomguy]

This is ridiculous! What's next? If I want to sell my car and can't because IP will be a violation of car manufacturing Name? These companies are just plain jealous trying to after us..😮

[@CarolNine]

Just a thought, why not make a list of all the products you know about that companies say you are not allowed to resell and send it with a letter explaining what is going on to Goodwill corporate and warning them that they may be next, maybe they would be willing to go after them...Lol!

[@kimloftis5890]

Goodwill gets away with so much, that we could not. I even saw priority mail boxes for sale in a goodwill.

[@winterparkcollectibles8604]

My go 2 tape Always good stuff!

[@DanaPerkins-z5j]

My Go To Tape Another great video.

[@KattyShackFinds]

MY Go 2 Tape. I have had 2 pair of Pumas up for almost a year. Still waiting for the ebay message on them. Haha

[@njezernack]

MY GO 2 TAPE Thanks!!!

[@KateFinnegan-q2o]

Restriction of trade ! .. or breach of contract? They had a meeting of the minds that when the product was purchased ownership was transferred in whole to the buyer…

[@lawyersgunsandmoney887]

Keep the government out of your life. People need to wake up. It's now or never.

[@hieronymusx8111]

@@lawyersgunsandmoney887 buddy. It’s always been “now or never”. You’re commenting on a public platform from a device that requires you to allow your information to be shared with literally anyone on the planet. Calm down. It’s not that dire of a situation.

[@lawyersgunsandmoney887]

@hieronymusx8111 p.s. there are cameras everywhere too 😱😱😱😱

[@lawyersgunsandmoney887]

​@@hieronymusx8111and you're dictating how I should respond and act, WHY? Exactly my point 😅😅😅

[@charlesberis1235]

It is time for eBay to stand up for seller's rights. What will you, as a reseller influencer, do to make a change?

[@billgober2]

So unless you plan to have any instance where you'd get sued in your online selling there is literally no reason to have any LLC. No one is going to bother paying lawyers to sue for items under $200. What most people doing this business do is they just go get a DBA certificate tie it to their own social and file a schedule C for taxes. Doing it that way minimizes the taxes you pay and saves a lot of money.

[@commonwealthflipper]

I agree. However there are many reasons beyond a lawsuit to do this. There are many reselling businesses where an llc and s corp makes perfect sense as well. The vast majority do not need an llc.

[@bettymunguia2136]

Good morning Kevin 😊😊

[@kathykavanaugh2423]

My go 2 tape. Never heard of Neuter either and I watched the Muppets all the time