The Government and Big Companies Are Out To Get Ebay Sellers

[@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.

[@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!

[@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.

[@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.

[@wilson9999100]

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

[@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.

[@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. 😂

[@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!

[@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!

[@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???

[@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?

[@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."

[@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.

[@MaggieRobinsonmaggierecruits]

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

[@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.

[@lynnewiedel2429]

My Go 2 Tape. Great info!!

[@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 😅

[@pupsterpicker3635]

Happy Holidays! My go 2 tape

[@BrandyB816]

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

[@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.

[@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.

[@carolynoconnor8567]

When I first heard of the Puma Vero problem, I was watching Dixon's Pickin's who received 5 VEROs! I took down a pair of shoes and a shirt. Shoes had been up for a year with no real interest so donated them. The shirt I hung in the closet until I heard of a resolution. Well, last week DP said that eBay reversed his 5, so I relisted the Puma shirt!

[@malgorzatawandycz7912]

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

[@sarahweiss9234]

My go to tape. Really liking the videos

[@traceymaitland289]

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

[@dananderson128]

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

[@cloisterene]

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

[@hieronymusx8111]

Nobody buying Puma anyway. Imagine being a dead brand and trying to regulate purchases that aren’t even happening.

[@commonwealthflipper]

They are number 3 shoe brand in the world

[@hieronymusx8111]

@ they’re dead last in the fashion world. nobody’s wearing little league soccer cleats to walk around the mall.

[@rockriverhunter7646]

My Go 2 Tape Merry Christmas all....

[@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

[@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.

[@patriciagonzalez2389]

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

[@michaelhines8779]

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

[@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?

[@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!

[@ezkhaos5116]

Always love your videos. My GO 2 Tape

[@curtisscott8546]

The Puma issue is ridiculous. They took a pair of shoes down claiming VeRO. I did follow the official process to challenge and had to go through Puma/Redpoint. They did end up overturning it, but never gave any reason why it was pulled. I do understand fakes though. I have had actual issues a couple of times and they were able to explain why it was taken down and how it was decided it was fake. One was a Porsche sign but didn't have the official badge on it. It could be solved by taking it to a higher court, but it would have to make it that far without a settlement, and I imagine companies wouldn't take it that far knowing they would probably lose. Instead they can keep threatening and knowing it works most of the time.

[@lumarissolutions7957]

Nice work! My Go 2 Tape

[@rockymountainreseller]

My Go 2 tape. Best you tuber ever

[@dananderson128]

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

[@southernvtgrown]

Snow globes come out of stores this time of year friend. ✌🏻💚🙏🏻

[@DanaPerkins-z5j]

My Go To Tape Another great video.

[@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!

[@susansanders499]

My Go 2 tape thank you Happy Holidays

[@chadcooper1615]

It's crazy! I had several items removed for using VELCRO in the title or description mostly hats. I also had makeup removed after it was on Ebay for 6 months they removed it. HERMETISEBODY SCRUB brand new.

[@hieronymusx8111]

@@chadcooper1615 “shuttle tape”

[@chadcooper1615]

Ok got ya

[@mitzimilligan4596]

My Go 2 Tape love your videos

[@sarahhardy8649]

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

[@jamiebaker6605]

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

[@susanmontano9068]

My Go 2 Tape - Merry Christmas!

[@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…

[@winterparkcollectibles8604]

My go 2 tape Always good stuff!

[@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.

[@mitchbarker8818]

My Go To Tape ~ Appreciate you Kevin

[@AngelSmith-m7e]

My Go 2 Tape :) Merry Christmas!!!

[@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 😅😅😅

[@TheThriftyVeteran]

Statutes arent Laws. Theyre rules for those who identify as "us citizens" aka tax payers. Meanwhile by definition it only applies to people residing in Washington DC yet the average American think it applies to them. So they go along with everything Government says.

[@lindafischer7760]

My Go To Tape Love listening to you!

[@sunflowervalley4145]

My Go 2 Tape That VERO stuff is stupid. If I pay for it, it’s mine and can do whatever I want with it including selling it.

[@commonwealthflipper]

If it authentic I agree

[@dongrant4956]

​@@commonwealthflipperhave any of them ever proven anything was counterfeit or do they just have their magic baseball bat?

[@danieldooley9949]

Kevin, I love your channel and watch you all the time on CWP and CWF-- I own a brokerage firm (securities)... I have been required to register this BOI info --- I also have to know who owns corporate accounts that open accounts with us... The bottom line is that the government wants to know who owns what and i frankly agree with them... so for once, I disagree with you. You can't hide -- especially in a LLC-- a tax loophole (legal) that many think they should be able to hide. The fines for not registering etc is a bunch of bunk... this will happen... the government wants to know who is responsible for the company. that is actually not unreasonable. I am not a reseller-- just a taxpayer-- like you... this brings everyone operating in an economy that I operate in... level playing field. I don't think that when you sell something you bought at a yard sale should be prohibited... This world is crazy but I think things will change for the positive... but registered owners of business maybe not so much... I am in Texas and the Eastern District of Texas is famous for overturning big government... Sorry if this seems like a rant, just wanted to opine... Merry Christmas to you and your family. Dan😄

[@commonwealthflipper]

Rant away. But I would say this. The oversight of securities doesn’t stop bad actors. This wouldn’t either. Also the federal judge disagrees with you as well. The feds can work with the states that will work with them but that doesn’t give them purview over something they don’t have a constitutional right too.

[@IntegritySales-fs1vf]

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

[@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

[@kevinjohnson9929]

You asked about counterfeit merchandise. Well i worked for a major retailer as a manager for 30 years and I still laugh about some of the recalls we got. Beats headsets is one and OMG!!! Even the H.O. Buyer was in big trouble for those fakes.

[@WellnessWizdom]

Who in the world isn't allowed to name their former employers lol? Was it a CIA front ?😂

[@kevinjohnson9929]

@WellnessWizdom being that i am still greatly invested in them I feel it would disrespectful of me to name them.

[@joeherries5572]

There is all kinds of Puma t-shirts on eBay.

[@janicetownsend4147]

My go 2 tape! I'd love to try it!

[@DC4L_86]

Its just like ppl who really think they own their home and or property. If you don't pay taxes on the house/land the real owners will come take it.. Just like on your own property you have to basically get permission to build something on your own land then you have to go by building codes,etc.

[@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….😡

[@arlenet146]

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

[@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.

[@kevinjohnson9929]

I can see the problem with big brands saying we have no right to resell their products since we are not authorized to do so. I still think it is B.S. But once Nintendo gets involved it is really going to hurt. I disagree with the major brand companies of course but I do see it happening. Unfair but whatcha gonna do? We resellers really have no voice in the government, even our puny voting power is useless.

[@commonwealthflipper]

Fight it for one. They have no right to stop you.

[@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.

[@kathybannister830]

Not sure...so maybe or maybe not...but, my go to tape. I think some manufacturers are out of their minds. They should spend some time advertising and not going after resellers. It's ridiculous.

[@williamhamilton3835]

my go to tape !!!!

[@njezernack]

MY GO 2 TAPE Thanks!!!

[@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!

[@kibble-net]

No they are not. Anyone who is experiencing this level of paranoia ought to get themselves an anti-psychotic prescription.

[@TheThriftyVeteran]

"No they are not" what? Arm chair shrink.

[@dongrant4956]

We should all boycott every company with any item on the Vero list.

[@WellnessWizdom]

Companies are on the VERO list, not items. There is no VERO list of items you can't sell.

[@gonuts1]

Too bad Ralph Nader is 90, i think he would have tackled this issue. I actually thought he had passed but looked him up and he is 90.

[@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.

[@kathyv8897]

My Go 2 Tape! Thank you

[@TheThriftyVeteran]

My go 2 tape.

[@HeyJudeThrifting]

My go 2 tape!😊

[@JackyHapy]

I watched a video of a seller who successfully app a Puma VERO. Apparently the system or company use to report to EBay was proven to be over zealous, at least words to that enough, PUMA, apparently, were unaware!

[@commonwealthflipper]

Plausible deniability. Someone hired that company. There was a reason behind it.

[@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

[@lawyersgunsandmoney887]

My Go 2 TAPE.....😊

[@photoguy8985]

My Go 2 Tape

[@KsBlonde]

My Go To Tape!

[@bug42911]

My go 2 tape 👍

[@kathykavanaugh2423]

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

[@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.

[@patriciacrowley1102]

My go to tape 😊

[@JMidwest1999]

My Go 2 Tape.

[@bettymunguia2136]

Good morning Kevin 😊😊

[@tinarienstra216]

My Go 2 tape

[@Bearfence]

MY GO 2 TAPE

[@jasteimel79]

My Go 2 Tape!

[@almostoily7541]

I'd be afraid if I had a large business and didn't share political views with whoever is in power at the time, the people who have that information could bankrupt me by filing all types of legal things against me. I don't have a large business. But if I did I would be afraid to express any opinions ever or lose my livelihood if that passes. That's definitely overreach. I saw a video where someone had said just go ahead and fill it out in case it gets passed and you won't forget. I didn't comment but there were people who did who shared your opinion. Not until I have to because it's not constitutional. I'm in Texas and even eminent domain is being fought here because a Japanese company wants to get land cheap to build a railway that they own. They have applied for US grants to have it built. Even though they are a private company that will profit. Overreach is everywhere. My mom threw them off her property trying to survey it. Lol

[@adessachui7777]

What the actual hell? No foreign companies should have right to US land LET Alone Eminent Domain?

[@almostoily7541]

@adessachui7777 it's for the high speed rail from Houston to Dallas. My mom has gone to the meetings for years now. They are trying to say how many American jobs will be created. But, that's only for building. After that, it's not a lot for maintenance. And the profits go to the private company that owns it. For the record, I'd be against a private American company doing the same thing. The tickets were supposed to be $199 one way. It's not for families. It's for business people who can write that off on travel expenses. My grandparents are in their nineties. Nobody has any business worrying them about the possibility of them having to move. Hopefully, it's been squashed. But, who knows. One of the attorneys at a meeting said they had been approved for some type of federal money but the local people weren't letting them get away with it. Especially when it came out it wasn't a government program but it was for a private company. What government officials thought it was a good idea to approve that?

[@TheOldMansPicks]

My Go 2 Tape Yes, it's ridiculous that you can sell something you legitimately own. It must be overuled in the future.

[@commonwealthflipper]

You can sell things you own. It doesn’t need to be overruled. Just don’t be bullied by their nonsense and let’s see eBay stand up to them as well.

[@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.

[@ilovesweeps1]

My Go 2 Tape😊

[@thesilentowl]

My go 2 tape. Never heard of Neuter either.