Move over, Pinkertons; it looks like Games Workshop is attacking eBay sellers via a proxy service that uses AI to remove counterfeit listings!
You may remember Wizards of the Coast sending the Pinkertons to a YouTuber’s house not too long ago to take products back. This isn’t as violent, but it is quite strange. It looks like Games Workshop has contracted a third-party enforcement service that may not be getting things quite right.
Move Over Pinkertons; GW Has New Enforcers Attacking Sellers Now
eBay sellers worldwide have reported a slew of recent takedowns of non-Games Workshop items that have nothing to do with Warhammer from a third-party company known as Brandshield. This is a clear departure from the previous norm of Games Workshop’s in-house legal enforcement handling these types of actions.
According to its website, Brandshield specializes in trademark/copyright infringements and counterfeit sales. Online sellers have received messages that Brandshield sends on Games Workshop’s behalf through eBay’s VeRO system, claiming that the items they sell are “unauthorized” and “counterfeit.”
AI is Kinda Bad, But Games Workshop Hired It Anyways
The problem is that BrandShield doesn’t seem to be able to tell which games are Games Workshop and which are not. For instance, some of these claims have included products produced for games such as Star Wars Legion, BattleTech, Marvel Crisis Protocol, etc, which seems to be a clear mistake.
Supposedly, they are also going after products that do not mention Games Workshop, its trademarks, or game systems and happen to be listed in eBay’s Warhammer category in general. These products, made by third-party manufacturers, are clearly NOT counterfeits nor claim to be Games Workshop or Warhammer products.
As you have probably seen, many items not produced by Games Workshop are listed by sellers in the Warhammer category, as they could be used in that game, and tend to sell better by being in that category.
Sellers Caught in The Crossfire
Due to these circumstances, these sellers are accusing Games Workshop through its proxy, BrandShield, of harassment, as most of these claims of being “unauthorized” or “counterfeit” are completely unsubstantiated.
We reviewed the list of items sellers were asked to remove and verified that, in most cases, these were completely different items that had nothing to do with Games Workshop.
The majority of the listings we reveiwed did not identify these items as Warhammer or 40k, yet BrandShield still alleges that they were “counterfeits.”
One of the biggest issues these sellers face is that they must contact the GW email at Brandshield. If they have are already attacking your listing, the sellers we spoke with are not sure they will ever let you list it again, even if it is a mistake. Even if they do, it takes time to create and puts a strike on your account.
As of this writing, none of the sellers have received a reply to their messages sent to the [email protected] asking them for clarification about these removals of clearly non-GW product(s).
It seems pretty wild that they can send a notice to eBay about a listing and have it taken down as something they have a copyright on, with no oversight, especially when it’s an item from another game, such as BattleTech, Legion, or even Marvel Crisis Protocol.
We’ll have to see what happens, but at this point, it seems that BrandShield has far too wide-reaching automation for the process or is just going after anything that looks like a sci-fi miniature listed in the Warhammer category.
While this isn’t as violent as the Pinkerton raid, putting sellers’ accounts at risk like this can still be catastrophic.
AI May Not Be Best For This Job
One simple explanation for this situation may be that, according to BrandShield’s website, they use “AI-powered Pattern Recognition” that “ensures swift detection and takedowns of online marketplace counterfeit listings.”
BrandShield’s Counterfeit Protection Solution ensures swift detection and takedowns of online marketplace counterfeit listings.
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Automatic reporting to major marketplaces (Amazon, Ebay and more)
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Covers hundreds of marketplaces, global and regional
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Fast takedown by enforcement experts
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AI-powered pattern recognition finds counterfeit clusters
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Easy-to-use technology
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3-month trial period
It probably goes without saying that even Warhammer hobbyists themselves have a hard time keeping up with what Games Workshop produces compared to other miniature companies these days. Sending in AI to attempt to do what many humans already have a hard time doing, may not have been the best call on GW’s or BrandShield’s part.
What Does Games Workshop Do Now About Counterfeit Products?
By unleashing Brandshield, Games Workshop seems to be taking a hard stance against sellers on eBay, allegedly going after products from other IPs, whether accidentally or as a form of passive-aggressive harassment.
One thing is for sure: GW’s use of BrandShield to police its IP has resulted in many legitimate items being taken down without proper evidence of infringement or counterfeiting. The service may also have removed counterfeits, which could be a good use of this AI technology, perhaps only if it were more consistent.
Either way, this has caused frustration and accusations of harassment among eBay sellers, who hope Games Workshop will take a more reasonable approach to legitimate miniature products listed for sale in the future.
What are your thoughts on Games Workshop using a third-party company utilizing AI to take down legitimate products from eBay sellers?
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