AuctionCut

Karen Dudnikov owns Tabberone.com, a website containing details of companies that abuse eBays vero programme. Karen has become something of an expert having fought back against several major corporations including Disney & Dunkin Donuts who used the vero programme to terminate her eBay listings unfairly.

1) What is the purpose of the eBay Vero Programme?

Karen Dudnikov: The eBay VeRO program was started to comply with the Digital Millennium Copyright Act (“DMCA”) around 1999. The DMCA madates that providers, such as eBay, allow intellectual property owners to order the removal of “infringing” material.

2) What's your experiences of the programme?

Karen Dudnikov: It is badly abused. One study estimated as many as 30% of the VeRO takedowns were either suspect and/or illegal. EBay doesn’t really care because the DMCA provides eBay with “safe harbor” from legal liability if eBay takes down the auction promptly.

3) What's the best thing a member can do when you receive a Notice of Infringement?

Karen Dudnikov: Do not relist the item until they get the problem resolved. Immediately email the VeRO member simply asking “why was my listing terminated?”

4) Is the programme fair to copyright holders?

Karen Dudnikov: When used properly. There are a lot of trademark and copyright violations on eBay. However, if one in twenty persons sent to prison were to be found to be innocent, the public would be outraged and would demand reform. The eBay VeRO program is many times worse than this percentage.

5) If you could make any changes to the programme, what would they be?

Karen Dudnikov: Require the VeRO member to reply to takedown communications and have severe civil penalties for misuse by the VeRO member of the VeRO program.

6) Any other advice to give to AuctionCUT members?

Karen Dudnikov: Be careful of wording. There is a difference between “red light” and “light red”. Use a well-placed highly visible disclaimer when in doubt. Fight back when you know you’re in the right.

You can learn more about Karen Dudnikov & Ebays vero programme at:
http://www.tabberone.com/Trademarks/trademarks.html