4th Feb 2009
*Notice of Claimed Infringement - Statutory Declaration*
eBay International A.G.
Attn: VeRO Programme
Fax: +44 (0) 870 458 4522
Date: As below
Dear eBay,
I, Lawrence Chard of Chard (1964) Limited do solemnly and sincerely declare as follows:
• I am the owner, or an agent authorised to act on behalf of the owner, of certain intellectual
property rights (“IP Owner”);
• I have a good faith belief that the listings identified below (by item number) offer items or
contain materials that are not authorised by the IP Owner, its agent, or the law, and therefore
infringe the IP Owner’s rights according to English law; and • I make this declaration conscientiously believing it to be true and correct and in accordance with English law.
Rights owner: Lawrence Chard and / or Chard (1964)
Limited
Address of the rights owner: 521 Lytham Road, Blackpool, Lancashire, England, FY4 1TE_________
I may be contacted at:
Name and Title of the author of the Notice: _Mr. L. Chard_____________________________________
Company of the author of the Notice: Chard (1964) Limited_______________________________________
___
Address: 32 - 36 Harrowside, Blackpool, Lancashire, FY4 1RJ
_
email address (for communication with eBay):
(email address)
email address (for communication with sellers)*: (email address)
Telephone: ___01253 343081___________________________________________________________
Fax: _____01253 408058_
* please fill in, if you wish to have a different address.
In addition to the undersigned, the following persons have the proper authority to sign future Notices of
Claimed Infringement on behalf of the IP Owner:
(List of names)
Yours faithfully,
Signature
*Reason Code*:
*Copyright—Infringing **/Listing /**Content *
4.2 Listing(s) uses unauthorized copy of copyrighted image
or
4.1 Listing(s) uses unauthorized copy of copyrighted text
or
4.3 Listing(s) uses unauthorized copies of copyrighted image and text
*We also hereby request you to supply us with the full contact details of the infringing member. *
Please note that in our experience, eBay members infringing copyright should also be treated with suspicion, as it is likely that they do not own the coins or other items for which they are using copied images, they may be falsely misrepresenting the condition of the coins offered, and if copying our text, they may be falsely pretending to have expert knowledge of the items being offered.
Please also note that most of our images can be identified and verified by the presence of a Digimarc watermark.
Item Number(s)
320331960649
*Member ID*
lelliott90
*Date*
4th Feb 2009
This is a repeat offender.
You clearly do not take sufficient steps to educate and inform your vendor members, otherwise it is unlikely that such a high proportion would re-offend.
We believe this places some responsibility for IP rights abuses firmly on you eBay. We will add this to our catalogue of examples which we believe demonstrate a degree of negligence on your part.
LC
02/10/09 07:20:00
eBay United Kingdom Customer Support wrote:
Hello,
Thank you for contacting the VeRO Programme.
We reviewed the item 320331960649 you have reported but have not removed it from the site at this time.
eBay is committed to helping intellectual property owners protect their rights. However, occasionally the specific nature of an IP infringement isn't immediately apparent and we require further information.
There doessn't seem to be any of your picture anywhere on that
listing
I appreciate your patience and understanding regarding this matter
Respectfully,
(name)
The eBay VeRO Team
02/04/09 16:35:00
Dear (name),
Yes of course we do feel these listings infringe on our intellectual property rights. This is why we reported them as such in the first place.
Our original "Notice of Claimed Infringement - Statutory Declaration"
was made as a "solemn and sincere declaration". We do not do this lightly.
As a "VeRO member" for a number of years, we notice and report
copyright infringements on eBay on an almost daily basis. We believe we can
claim some expertise in the matter, and do not make such claims lightly.
We have now made thousands of such claims, and have not been wrong on
one single occasion. Perhaps you do not know this, even though we have pointed it out to
you numerous times.
We believe that when we make such a report you should act on it, and not
seek to contest, query or dispute it. In doing so, you are delaying the
removal of the offending material, and aiding and abetting the continued
contravention of our rights, in particular in having them removed without further or
unnecessary delay.
We further believe that any failure on your part to discern or
understand the exact nature of the infringement in any particular case, is exactly
that, a failure on your part. We believe you should take steps to remedy such
failures so you can avoid further failures in the future.
It is possible that you have failed to notice that the listing we have reported
include a section headed "Find more items from the same seller. Bid or Buy
Now!"
Copies of our copyright images are appearing in this section.
You should surely have sufficient working knowledge of eBay's own
systems to realise this, and again we have pointed this out to you numerous
times.
Once again may we remind you of your legal obligations to enact prompt take-down
of the offending material, and remove these listings without further delay.
We also take this opportunity to remind you that we are documenting
each and every failure on your part to remove offending material promptly, and intend to
cite it in any legal action against you.
Regards,
Lawrence Chard
Chard (1964) Limited
32 - 36 Harrowside
Blackpool
FY4 1RJ
Tel 0044 (0)1253 343081
England, UK.
Fax 0044 (0)1253 408058
www.chards.co.uk
(e-mail address)
Wed, 11 Feb 2009 03:51:17 -0700
eBay United Kingdom Customer Support wrote:
Dear Mr Chards,
We have reviewed those items and cannot view any Find more items from
the same seller. Bid or Buy Now!" section with the seller's other items. If the gallery appears when using your browser, can you please
send us a screenshot of the listing as an attachement. You can view the listing even if it has ended by entering the item number in the search field. I looked at the other active listings of this seller and they don't contain any "Find more items from the same seller. Bid or Buy Now!" section . If this seller is selling items using a unauthorised picture, please don't hesitate to send us a notice of claimed infringement to report it
Kind regards,
(name)
eBay VeRO Team
Date: Wed, 11 Feb 2009 12:35:23 +0000
Subject: Re: reported item (KMM35322743V49461L0KM)
Dear (name),
We are very disappointed that you choose to disbelieve us.
We further believe you are incompetent or negligent if you cannot view
the"Find more items from the same seller. Bid or Buy Now!" sections in the
listing reported.
To try to speed up your removal of these items, we have taken a new
screenshot today, which we attach as a .png file.
Once you have viewed it, please ensure that all the reported listings
are removed without further prevarication or delay.
Regards,
Lawrence Chard
Chard (1964) Limited
32 - 36 Harrowside
Blackpool
FY4 1RJ
England, UK.
Tel 0044 (0)1253 343081
Fax 0044 (0)1253 408058
www.chards.co.uk
(e-mail address)
12/02/2009 13:20
Dear Mr Chard,
eBay always communicates with a professional and equitable manner as
possible. Although we understand your frustration related to the
difficulties encountered with this issue, we cannot accept that our
employees are subjected to the abusive language of Rights Owners. We
kindly request in the future that you to formulate your e-mail by using
a courteous and respectful language.
kind regards,
(name)
eBay VeRO Team
Learn more about the eBay Verified Rights Owner (VeRO) Programme - take our tutorial. Copy the following link into a new browser window:
.../help/tutorial/verotutorial/intro.html
Dear Sophie,
We rarely use abusive language, and then only with those who seem to
understand nothing else.
We do not believe any of the language we used in communication with eBay
is or ever has been abusive.
We also try to be courteous in all communications.
We also ensure our language is respectul with all due regard to the
circumstances, and consistent with communicating the necessary facts,
beliefs and opinions clearly in an honest and sincere manner.
If you feel any of our language has breached the boundaries of
etiquette, please inform us precisely where you believe these breaches
have occurred.
Regards,
12/02/2009 16:37
Dear Mr Chard,
I quote the language that you used :"We further believe you are
incompetent or negligent"
Kind regards,
Sophie Moreau
eBay VeRO Team
