Recently Monarchy's VeRO department decided eBay sellers could no longer sell Monarchy items on eBay. However they are incorrect. The first sales doctrine basically protects the purchaser of an item when the decide to transfer the item by selling it, giving it away, burning it in the street to gather interest (although you should check your local laws before attempting that as burning stuff in the street may be illegal LOL) etc. The First Sales Doctrine was recognized by the Supreme Court of the United States. So if you are selling AUTHENTIC & LEGALLY OBTAINED Monarchy items on eBay and Monarchy has decided to pull down your items for trademark infringement and damage your reputation on eBay and put you in danger by turning your Policy Compliance to FAILING here is what you should do:
1. Immediately contact Monarchy via the e-mail in the VeRO pull down you received.
Ask them the following:
Recently Item _____ was pulled from eBay for Trademark Infringement. Please let me know why this item was pulled.
They will in turn respond with a bunch of legal mumbo jumbo telling you they are no longer allowing Monarchy to be sold on eBay along with a bunch of other nonsense. They probably reported your item for Trademark Infringement. Since they are not really reporting you for trademark infringement but rather to try and control where their items are being sold ... they have just committed perjury by having your item pulled down. eBay VeRO members do this all the time don't worry its not your fault these companies hire legal counsel that doesn't know the difference btwn the First Sales Doctrine and The Right to Bear Arms (which by the way they probably think means you have the right to have really really hairy arms).
2. Tell Monarchy that this is a legal obtained authentic item. You are protected by the First Sales Doctrine and can legally resell it on eBay. You would like your listing to be reinstated and any black marks on your eBay account removed.
Now they will probably respond with more mumbo jumbo. If they are smart they will reinstate the listing ... if not we move to a more agressive step that should get a fire burning under their butts and get your items reinstated. LAWSUITS! You should do some research prior to filing a lawsuit. I am not a lawyer, I am not giving you legal advise. You should decide if a lawsuit it right for you. If you want your items reinstated and your blackmarks removed then I think the anwser is obvious.
I know my guide is kinda vague but its just a starting point. If you need help please feel free to contact me. Also I would like to thank Tabberone because without her I would know little to nothing about this. She helped me immensely with my past VeRO problems. This guide can be used for any VeRO problem... I just wrote it quickly today about this specific problem.
1. Immediately contact Monarchy via the e-mail in the VeRO pull down you received.
Ask them the following:
Recently Item _____ was pulled from eBay for Trademark Infringement. Please let me know why this item was pulled.
They will in turn respond with a bunch of legal mumbo jumbo telling you they are no longer allowing Monarchy to be sold on eBay along with a bunch of other nonsense. They probably reported your item for Trademark Infringement. Since they are not really reporting you for trademark infringement but rather to try and control where their items are being sold ... they have just committed perjury by having your item pulled down. eBay VeRO members do this all the time don't worry its not your fault these companies hire legal counsel that doesn't know the difference btwn the First Sales Doctrine and The Right to Bear Arms (which by the way they probably think means you have the right to have really really hairy arms).
2. Tell Monarchy that this is a legal obtained authentic item. You are protected by the First Sales Doctrine and can legally resell it on eBay. You would like your listing to be reinstated and any black marks on your eBay account removed.
Now they will probably respond with more mumbo jumbo. If they are smart they will reinstate the listing ... if not we move to a more agressive step that should get a fire burning under their butts and get your items reinstated. LAWSUITS! You should do some research prior to filing a lawsuit. I am not a lawyer, I am not giving you legal advise. You should decide if a lawsuit it right for you. If you want your items reinstated and your blackmarks removed then I think the anwser is obvious.
I know my guide is kinda vague but its just a starting point. If you need help please feel free to contact me. Also I would like to thank Tabberone because without her I would know little to nothing about this. She helped me immensely with my past VeRO problems. This guide can be used for any VeRO problem... I just wrote it quickly today about this specific problem.
Guide created: 01/10/09 (updated 09/24/09)


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