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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hello, I am an eBay seller currently facing problems from

Customer Question

Hello,
I am an eBay seller currently facing problems from a company: Herbalife Europe LTD.
My main selling products on eBay (the adverts for them) keep getting removed by eBay due to a complaint that Herbalife is making.
Please see this section of the emails I receive when the removals take place for example:
'''''''''''''''''''''''''''''''''''''''''''''
The rights owner or an agent authorized to act on behalf of the rights owner, Herbalife Europe Ltd, notified eBay that this listing violates intellectual property rights. When eBay receives a report of this type of violation, we remove the listing to comply with the law.
We encourage you to contact Herbalife Europe Ltd directly if you have any questions.
You can send an email to:
*****@******.***
''''''''''''''''''''''''''''''''''''''''''''''''''''''''''
So I have a number of suppliers for this stock and although it is not manufactured by me am I actually breaking the law by putting this stuff on eBay?
I have valid invoices and proof of purchase showing that I have ownership.
After doing some research I read something regarding issuing a counter-notice to eBay and they legally have to relist my adverts unless Herbalife sues within 10 days or something?
My question is plain and simply where do I stand with this?
I would appreciate the answer via a quick phone call 07590 426 416.
Kindest Regards,
Jake Howard
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello Jake my name is ***** ***** I will help you with this.

Alex Watts :

On what basis are they objecting - just because you are reselling?

JACUSTOMER-um50bjrb- :

They refuse to comment. However the usual rrp price they 'advise' people to sell it for is about 30% higher than what we sell for on ebay.

JACUSTOMER-um50bjrb- :

So I believe that is there reason

JACUSTOMER-um50bjrb- :

There are many other sellers of the same products but they seem to be attacking me

JACUSTOMER-um50bjrb- :

I have the highest feedback and sales so obviously the biggest target

Alex Watts :

Have you contacted them to seek clarification?

JACUSTOMER-um50bjrb- :

they will not comment and ebay cannot advise

Alex Watts :

Do they accept they have been asking Ebay to remove?