How do I remove a counterfeit listing on eBay with VeRO?

This is general information, not legal advice. If a dispute escalates, talk to independent licensed IP counsel.

What is eBay VeRO, and who can use it?

eBay's Verified Rights Owner program is its reporting channel for intellectual property owners. eBay's Seller Center IP page describes it as "designed for intellectual property (IP) owners and their authorized representatives," and says eBay is legally required to review and act on infringement reports from rights owners.

VeRO covers more than counterfeits. eBay's intellectual property policy says "Counterfeit items, unauthorized replicas, and copies of protected original items are not allowed on eBay," and VeRO is also used for copied photos, copied listing text, patents and designs. If you are not a rights owner or an agent, eBay points you to its general content reporting channel instead.

The VeRO page also lets rights owners create a free participant profile that explains their brands and IP to the eBay community. That profile is optional, but it helps honest resellers understand what you enforce.

What counts as a counterfeit, legally?

Precision matters here, because the wrong label gets reports rejected. Under 15 U.S.C. 1127, a counterfeit is "a spurious mark which is identical with, or substantially indistinguishable from, a registered mark."

In plain English: a counterfeit carries your brand name or logo, or something nearly identical, on goods you did not make. A look-alike product sold under a different name is usually a knockoff or a dupe, not a counterfeit. It may still infringe a design patent, or the seller may have copied your photos, but those claims need a different reason code and different evidence. Our post on trademark vs copyright complaints walks through that split.

Should I use the VeRO Portal or the NOCI form?

eBay offers two ways in, both described on the VeRO page:

• The VeRO Portal. eBay says it lets you "submit reports, manage multiple brands and track your account activity." If you report regularly, register for the portal.
• The Notice of Claimed Infringement (NOCI). eBay's NOCI form can be completed and sent to askvero@ebay.com. It is a practical option for a one-off report.

Both ask for the same core facts, so the evidence you prepare works either way.

Which reason code should I choose for a counterfeit?

The NOCI form asks you to select only one reason code per item. The ones brand owners use most:

• 1.1: Item is a counterfeit product which infringes a trademark.
• 2.1: Listing content infringes a trademark (for example, your logo used in a listing for goods that are not fakes).
• 4.2: Listing infringes copyright protected image(s).
• 4.1 or 4.3: Copied listing text, or copied images and text together.
• 5.1 and 5.2: Registered patent, or registered design right.

For a fake bearing your brand, 1.1 is the code. If the same seller also used your product photos, report that separately with the copyright code, because copyright reports require a link to your original work. The form says a link to a general webpage will not suffice; you must point to the specific image, for example "2nd image located under the 3rd header."

Patent reports carry an extra hurdle. For the US, the form requires a copy of a court order adjudicating the item as infringing your patent.

How do I file a VeRO report, step by step?

Here is the sequence we follow:

1. Capture the listing. Screenshot the full listing with the item ID, seller name, photos and price, with the date visible. Listings end and get relisted, so save it first.
2. Collect your registration. The NOCI asks for the registration number and the IP office, a link to the registration, or a copy of it, plus the jurisdictions where your right is protected. For U.S. marks, pull your record from the USPTO.
3. Confirm your authority. The form asks for the IP owner's name and an owner email for communication with the seller. If an agent files, attach proof of reporting authorization.
4. List every item ID. Enter the item IDs or product URLs. Additional items and reason codes go on a separate page in the same format.
5. Explain why it infringes. One or two concrete sentences: the logo, the packaging, the price or the seller location that shows the item is not genuine. Attach supporting documents if they help.
6. Sign the declaration. You declare the notice is made in good faith and is accurate, and, if reporting from the United States, you declare it under penalty of perjury.
7. Track the result. Keep the confirmation, and recheck each listing after eBay acts.

What evidence gets a counterfeit report approved?

Reviewers need to see quickly why this listing is not your product:

• Your registration next to the listing. Show the registered mark and the mark on the listing side by side.
• Concrete tells of a fake. Wrong logo proportions, packaging you never produced, a model you never sold, or a price far below what the genuine item costs to make.
• Test buys, where practical. A physical sample with photos of the tells is strong proof, and keep the receipt.
• Only real counterfeits. Do not report genuine goods because you dislike the reseller or the price. eBay's Seller Center IP page says it does not accept reports based solely on selective distribution agreements, MAP policies or other private contractual terms.

What happens after I file?

According to the VeRO page, eBay examines the report for complete and accurate information and may contact you for more details. If it finds a violation, the listing may be removed, "The seller will be notified with an explanation," and "sellers with repeated IP violations may face further action, including selling restrictions or account suspension."

Expect contact from the seller. eBay's NOCI form says it gives the seller the rights owner's name and email, and eBay's removed listings help page tells sellers to contact the rights owner before relisting. Answer factually and keep a record. If you realize a report was wrong, retract it with eBay promptly.

For copyright reports, the seller can send a counter notice. Under 17 U.S.C. 512(g), a platform may restore the material in not less than 10 and not more than 14 business days unless it is told a court action has been filed. At that stage, bring in independent licensed IP counsel. Section 512(f) also makes knowingly false notices a source of liability, which is one more reason to report only what you can prove.

Sources

• eBay: Verified Rights Owner program
• eBay: Intellectual property policy
• eBay Seller Center: Intellectual property
• eBay: Notice of Claimed Infringement form
• eBay: Removed or hidden listings
• U.S. Code: 15 U.S.C. 1127, definitions including "counterfeit"
• U.S. Copyright Office: 17 U.S.C. Chapter 5, including section 512