Selling on eBay opens the door to a wide market. Whether you’re a full-time seller or just clearing out old inventory, eBay gives you direct access to millions of buyers. But with that opportunity comes risk—especially when intellectual property (IP) claims show up. If you’ve received a takedown notice or had your listings removed, you’re not alone. These issues are more common than you might think, and they can put your account and your business in jeopardy. At The Keleher Appellate Law Group, we help sellers across Illinois protect their rights and respond to these challenges effectively.
Selling on eBay: A Quick Overview
eBay’s platform is built to make buying and selling easy. Sellers list products, set prices, and ship items to buyers around the world. It works for individuals, small businesses, and high-volume sellers alike. eBay handles payment processing, offers seller ratings, and enforces rules designed to protect buyers and intellectual property holders.
One key part of that enforcement is the Verified Rights Owner (VeRO) Program. Through VeRO, rights owners—usually companies or brands—can ask eBay to take down listings that they believe infringe on their IP rights. While this helps protect brands, it can also lead to unfair takedowns or misunderstandings that hurt sellers who follow the rules.
Common Intellectual Property Issues for eBay Sellers
Many sellers run into trouble without realizing they’ve done anything wrong. IP law is complex, and eBay tends to act quickly when it receives a complaint. Here are a few of the most common issues that trigger VeRO or other IP-related takedowns:
- Trademark issues – Using a brand name, logo, or product title that may suggest you’re affiliated with the brand when you’re not.
- Copyright complaints – Using product descriptions, images, or other materials created by someone else without permission.
- Patent concerns – Selling products that a rights owner claims are protected by patents, especially in categories like electronics, tools, or home goods.
You may also face complaints even if you’re selling authentic goods. This often happens when you’re reselling branded items, especially if you’re not an authorized distributor. In some cases, sellers have listings removed simply for using stock photos provided by the manufacturer.
Why These Claims Matter
Intellectual property claims aren’t just a minor inconvenience. One takedown can result in lost sales, and repeated complaints may lead to account suspension. If your account is your business, that kind of disruption can be hard to recover from.
Sometimes, rights owners go a step further. They may send cease-and-desist letters or threaten legal action. Even when a claim seems exaggerated or unfair, sellers often feel like they have no choice but to comply.
eBay’s system doesn’t always give sellers much time to respond, and it doesn’t always offer a full explanation. That’s why it helps to have someone on your side who understands both IP law and the eBay process.
How We Help Defend Against IP Claims
At The Keleher Appellate Law Group, LLC, we represent eBay sellers around the world facing intellectual property complaints. Our job is to protect your rights while helping you get back to business. Here’s how we typically approach these cases:
- We review the takedown notice or VeRO claim to identify what you’re being accused of.
- We determine whether the claim has legal merit or if it’s overly broad or unfounded.
- We can also reach out to the rights holder to negotiate a resolution or request the withdrawal of the complaint.
- When necessary, we represent sellers in court or arbitration to defend against formal legal actions.
Our goal is to help you resolve the issue quickly and with minimal disruption. We also help clients put measures in place to avoid future problems—whether that means reviewing listings, changing wording, or providing proof of product authenticity.
Talk to an Attorney Before You Respond
It’s tempting to respond to a takedown notice right away, especially when your listings are offline and sales are on hold. But moving too fast—or not responding at all—can make things worse. We’ll walk you through your options and help you choose the best next step. That way, you can protect your business without making the situation more complicated.
Contact an Experienced eBay Intellectual Property Defense Attorney
If you’ve been hit with a VeRO notice or any other kind of intellectual property complaint on eBay, don’t try to handle it alone. These claims can affect your reputation, your sales, and your long-term success. We’ll help you understand your rights, deal with the complaint, and take steps to prevent it from happening again. Contact The Keleher Appellate Law Group, LLC, today to schedule a consultation and find out how we can help.
The Keleher Appellate Group, LLC, serves clients in Chicago, Denver, St. Louis, and the surrounding areas in Illinois, Indianapolis, Indiana, Missouri, Wisconsin, and Colorado. We also provide our services nationwide and internationally.