I had some auctions terminated by eBay because the verified rights owner reported me for 'trademark infringement - unauthorised use' - they said I was selling counterfeits. I am 110% certain that my items are authentic but don't have store receipts as they were purchased from other sellers. The company is refusing to even tell me why they think my items are fake and will not budge unless I send in paperwork. My eBay account is now restricted and I won't be able to relist unless the company contacts eBay to have my auctions reinstated. I've lost sales, customers and damage to my reputation. I believe the company is engaging in unfair trading practices, using the guise of 'trademark infringement' etc. to stop the secondary market on eBay, where the items sell for less than retail price.
The company is based in California, USA and I'm in Australia. My items were listed on eBay.com (USA). They don't have stores here and I don't have the $$ to fly to the US.
2007-08-15 02:16:17 · 3 answers · asked by ricefairy01 1 in Politics & Government ➔ Law & Ethics
I would say you are out of luck. You can try www.handelonthelaw.com to see if you can locate an attorney in California who can advise you.
2007-08-15 02:21:14 · answer #1 · answered by regerugged 7 · 0⤊ 0⤋
You need to read the terms of your agreement. There is likely a venue clause, or at the very least an arbitration agreement. A company like E-bay is not going to subject themselves to suits all over the world. There is probably also a waiver in the contract about not being able to bring suits for termination of services.
If the contract does not contain these provisions (or they are not binding for some reason) and is silent to dispute resolution, arbitration and waivers, the courts of California (principal place of business) or wherever E-bay is incorporated have personal jurisdiction. Also, any place where E-bay has had minimum contacts with the forum has personal jurisdiction over E-bay. My hunch is that there is a venue provision because E-Bay's attorneys are probably savvy enough to limit their international exposure.
2007-08-15 09:45:04 · answer #2 · answered by Tara P 5 · 1⤊ 0⤋
"The company is based in California, USA and I'm in Australia. My items were listed on eBay.com (USA). They don't have stores here and I don't have the $$ to fly to the US."
Then you are out of luck. Because you would have to file in California as California has both personal and subject matter jurisdiction.
2007-08-15 09:22:28 · answer #3 · answered by hexeliebe 6 · 1⤊ 1⤋