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Urgent help needed re open cases

1 reply

4athomeand1cooking · 01/10/2013 12:00

Sorry if this is really confusing.

I sell items of clothing on ebay. On one particular piece of clothing I have been selling it for a while and it is fairly popular.

Over the weekend, I had this listing taken down for trademark infringement. It turns out that a manufacturer of this item (there are several that manufacture similar pieces) has listed their company and created a trademark for it. I use half of the name in my listing and because our items are similar I am in breach. One way to knock out the competition!!

EBay's stance is that I should be checking for trademark on my products regularly to ensure this did not happen again - fair enough.

Ebay have washed their hands of it. They credited back all of the fees I have ever paid.

Several customers had bought it over the weekend and I had to refund them and explain.

However, today I have received several open cases against me for item not received. Luckily some have been signed for. (but not all which happens often and so I am not surprised)

ebay did tell me they would notify all of my customers that had bought this item after the trademark came in force (around 50 in last month) advising them that if they had not received their item they should open a case.

3 in particular were only sent on Friday and already a case has been opened.

I have never had a case escalated against me so was wondering if the buyers do not respond to my email replying to their case. And the items are not signed for. How long do I have before they can escalate this claim.

I think it might be best to just refund all those not signed for bearing in mind that I have already commited a huge policy violation.

OP posts:
LilyBossom · 01/10/2013 12:28

I would wait first - and contact those buyers whose items you dispatched on Friday. Hopefully they are honest and once they receive they will close the cases. If not, they will escalate them in 8 days and then yes you will have to refund.

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