Monitoring, protecting, and enforcing intellectual property (“IP”) rights on the internet is of utmost importance for companies in today’s large online marketplace. When it comes to monitoring your IP rights online – whether it be trademark, copyright, or patent – it can be helpful (even necessary) to utilize an arsenal of tools to ensure that your IP is not being infringed, disparaged, or tarnished by others. One of the tools available for companies is eBay’s Verified Rights Owner (“VeRO”), which can assist with both infringement prevention and enforcement on the internet.
As explained by eBay, the VeRO “program allows owners of [IP] rights and their authorized representatives to report eBay listings that may infringe on those rights. VeRO embodies our commitment to provide a safe place to buy and sell, which respects property owners’ rights.”
eBay’s VeRO program allows companies to create profiles that provide information about their IP rights with the eBay community. These profiles – along with other prevention tools available to sellers – can help alert eBay users as to your IP rights and how to avoid infringement of the same. For enforcement, eBay allows companies to submit a Notice of Claimed Infringement (“NOCI”) to effectuate removal of an IP infringing listing.
To submit an NOCI to eBay regarding intellectual property infringement, companies – or their authorized representative – must fill out the NOCI form and submit it via either mail, email, and/or fax. eBay then corresponds with the complainant and provides the NOCI to the seller, removing the listing if warranted. Note that while it is ideal to have an eBay VeRO profile while submitting a NOCI, it is not necessary, so anyone with IP rights being violated can submit an NOCI to eBay to report infringement.
When submitting an NOCI, is is important to be cognizant of what constitutes a reportable listing. Reportable listings include:
If you are a company needing to create a profile with eBay VeRO, submit a NOCI though eBay VeRO, or have a question about whether a listing constitutes infringement, contact the attorneys at Traverse Legal to see how we can help.