Reporting Counterfeit and Infringing Listings on eBay: A Complete Guide

eBay has long been one of the world’s largest and most influential online marketplaces, connecting hundreds of millions of users across the globe. From rare collectibles and vintage finds to the latest gadgets and fashion, eBay’s global reach and auction-style listings have made it a thriving e-commerce ecosystem.

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For brand managers, though, eBay can be a particularly challenging landscape, where counterfeiters are able to grow alongside legitimate sellers. As such, a thorough understanding of eBay’s reporting process and how to use it effectively is crucial to effectively protect your brand.

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eBay’s Global Reach – and Its Challenges

eBay is a vast marketplace used by a diverse range of sellers and buyers. Its auction-based format and direct peer-to-peer interactions work together in order to create a unique, dynamic shopping experience. However, the very openness that makes eBay appealing also creates vulnerabilities for brands.

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Counterfeiters have become increasingly adept at evading detection. They exploit gaps in oversight and take advantage of the limited authority marketplaces like eBay have over third-party listings. When an infringing item is removed, sellers often just create new accounts or repost under a different name, frustrating efforts by brand owners to protect their IP.

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Moreover, enforcing IP rights on eBay isn’t always straightforward. Sometimes, determining whether a listing violates trademark or copyright laws requires significant time, legal analysis, and expense: resources many businesses can’t or won’t invest in. In this environment, counterfeiters are able to operate more freely than they should, putting both brands and consumers at risk.

Common Red Flags for Counterfeit Listings on eBay

Before you report a seller on eBay, it’s essential to identify the telltale signs of counterfeit goods. Here are some key indicators:

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• Price Too Good to Be True: If the price of a product is significantly below market value, it’s a major red flag.
• Overly Enthusiastic Reviews: Listings with multiple five-star reviews posted in a short timeframe can be suspicious, especially if the language seems generic or repetitive.
• Inconsistent Product Descriptions: Spelling mistakes, awkward grammar, or vague details in descriptions may indicate a listing created in haste by counterfeiters.
• Stolen Images: If product images appear to be direct copies from another brand’s website or marketing materials, it’s worth investigating further.
  
  

For brand managers and consumers alike, recognizing these red flags is a crucial first step in tackling infringement.

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eBay Counterfeit Policy and Reporting Tools

Is eBay safe? For consumers, eBay has robust buyer protection programs and a clear counterfeit policy. But for brand owners, these protections can only go so far. Active monitoring and effective reporting are key.

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If you spot a suspicious listing, eBay offers a couple of ways to submit a report:

Reporting Directly from the Listing Page

1. Navigate to the listing page containing the suspected infringing product.
2. Click on the question mark icon (or sometimes a “Report item” link or flag icon) below the seller’s information.

3. Choose the reason for your report (e.g., “Counterfeit item”) from the dropdown menu.
4. Fill out the form with a detailed explanation of why you believe the listing infringes on your IP, and attach any relevant documents or evidence.
5. Submit your report.
   
   

eBay typically responds to these notices within 1–3 working days. If you don’t receive a response, or if your initial report is rejected, you may need to resubmit with additional supporting information.

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While this method is accessible, it can be time-consuming and isn’t scalable for brands managing numerous infringements. For a more systematic approach, brand owners can enroll in eBay’s Verified Rights Owner (VeRO) program.

eBay’s Verified Rights Owner (VeRO) Program

The VeRO program is designed specifically for IP owners and their authorized agents to protect intellectual property across eBay’s marketplace. If you’re dealing with trademarks, copyrights, or patents, enrolling in VeRO gives you a streamlined way to submit removal requests and enforce your rights at scale.

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Types of IP Rights Covered by VeRO

• Trademarks: Includes unauthorized use of logos, names, or distinctive designs. Counterfeiting – exact copies of registered trademarks – also falls under this.
• Copyrights: Covers unauthorized use of protected works like photos, artwork, music, and more.
• Design Rights: Protects the physical appearance of products, including industrial designs and lookalike products.
• Patents: Covers inventions and technical innovations used without permission.

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How to Submit a VeRO Report

To submit a report through VeRO, you’ll need to provide the following:

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• Proof of Authorization: If you’re enforcing rights on behalf of a brand or client, include a letter of authorization or relevant documentation.
• Evidence of Infringement: Screenshots of the infringing listing, URLs, item ID numbers, and any comparison photos or data showing similarity to your genuine product.
• IP Details: This includes trademark or copyright registration numbers, the regions where your IP is registered, and any other supporting data.
  
  

For trademark infringements, submit a Notice of Claimed Infringement (NOCI) via email (vero@ebay.com) or fax (801-757-9521).

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For copyright infringements, send a Digital Millennium Copyright Act (DMCA) takedown notice  to eBay’s designated agent via email (copyright@ebay.com), mail, or fax (801-757-9521).

If you’re not yet enrolled in VeRO, you can still report listings directly from the item page: but again, this isn’t a long-term solution for most brands.

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Best Practices for Reporting and Enforcement

For brands, effective enforcement requires more than just filing a single report. Some best practices to ensure your efforts are successful include:

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• Identify the Type of Infringement: Before submitting a report, be clear about the type of IP right that is being infringed upon. Trademark, copyright, design, or patent? Each has different evidentiary requirements and reporting pathways.
• Gather Comprehensive Evidence: The more robust your evidence, the faster eBay can act. Include screenshots, item links, and side-by-side comparisons that clearly demonstrate how the listing violates your IP.
• Ensure Your Information is Accurate: Mismatches in trademark registration data, outdated addresses, or incomplete business details can lead to delays or rejections. Make sure your records are up to date.
• Resubmit if Necessary: If your initial complaint is rejected, don’t be discouraged. Strengthen your report with additional evidence and clarifications before resubmitting. Persistence can be key to getting counterfeit listings removed.
• Leverage VeRO for Scale: For brands dealing with widespread counterfeiting, VeRO is the most efficient pathway. It’s designed to handle large volumes of takedowns and is more scalable and reliable than ad hoc listing-level reports.
• Educate Your Customers: Consumers play a role, too. Encourage them to report suspicious listings they encounter. Raising awareness strengthens your brand’s defenses and helps maintain marketplace integrity.

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Final Thoughts: Moving Beyond Manual Takedowns

Enforcing IP rights on eBay can be labor-intensive, especially if you’re manually combing through thousands of listings. While eBay’s reporting tools and VeRO program are vital, they still rely on a reactive, case-by-case approach.

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For IP attorneys and brand managers, this manual burden can be daunting. Counterfeiters frequently operate under multiple shop names and quickly relist products after takedowns, forcing brands into a game of “whack-a-mole” as they track down and report infringing listings one by one: a slow and resource-intensive process.

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MarqVision changes that. Our AI-powered brand protection platform automates the process of detecting counterfeit listings on eBay (and beyond), helping you act faster and more efficiently. Instead of sifting through thousands of listings manually, MarqVision scans the entire marketplace, identifies suspected counterfeits, and compiles everything you need to take swift action. This means your team can focus on strategy and growth while we handle the heavy lifting of enforcement.

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Want to see how easy and effective it can be to protect your brand’s integrity and bottom line? Contact us for a demo today, and experience firsthand how MarqVision can transform your brand protection strategy.

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