Someone has plagiarized my text and photos and eBay is refusing to help me...
I have called eBay six times so far. I have talked to one supervisor. I have talked to the Trust and Safety department probably five times. The last person I talked to filed a new claim. Nothing has changed. It's been five weeks now. This guy has taken over $3000 in sales using my ad copy. Why won't anyone help me?
For the love of God, can someone at eBay please help me?
Thank you.
-Scott
121 comments
dhbookds
·3 years agoSomething I don't understand........you say:
Even if the photo can't be copyrighted, he at least needs to remove my headline and the description. Since he is not offering accessories, he is defrauding his customers via false advertising
why wouldn't the buyers start returning the items if he's not delivering the goods as described? Seems like that would take him out faster than you can file a suit, etc........
goldstaroffers
OP3 years agoHe's only sold a small handful so far. Trust me, people will start complaining sooner or later. It just sucks for me. The guy is using my copy to take away my (potential) customers. Instead of buying what they need from me, they instead buy from this guy, find out the accessories were not included, and then they return the product. The buyer now has to do a return, is frustrated, probably doesn't want to buy from ebay again, and in the end, both me and the other seller lose. It's a lose-lose situation.
slati_2013
·3 years agoI also have many of my listings copied. It is a strange feeling seeing your entire listing and style copied. It however does not bother me. I myself when I have something new to list take a look at other listings, see how it was listed and used it as a template for my listing. I create 100% original listing though based on other listings. I think we all do that once in a while. I actually take it as a compliment that someone has decided to use my listing to sell their items. I don't know about copying text and picture word for word and photo for photo because that could lead to an SNAD claim.
Is your competitor selling at a reduced price? I would suggest taking a look at what they are doing and copy it as well.
goldstaroffers
OP3 years agoHow do I file a SNAD claim? Just call them? And how the hell can you not get mad at someone for stealing your work? I've been raging for 5 weeks now.
The guy took parts of my ad copy, set his offer to a promotional listing, and is out bidding me via the promotional advertising. His ad is above mine, and is getting the majority of the bookmarks / watchers. My sales have also decreased.
theteamsetguy
·3 years ago@goldstaroffers ,
Lower your price 25% below the other guys and increase your promoted listing percentage above his so your item appears under search best match searchers and lower price searchers.
You will get your sales back.
goldstaroffers
OP3 years agoThx, I might have to do that. I am still getting sales, so I will be ok. There are others selling this product too. I am the only one actually selling it with accessories. But you are right, I might have to have a price war with him. I think I will wait until he buys $7000 worth of product before I lower the price. That way, he will be stuck with a ton of inventory, and it will mess up his cash flow. When I get my debt paid off, I'm going to his supplier and will be selling the same hot products he is. In the end, he will lose.
simply-the-best-for-you
·3 years agoHave you tried contacting this other seller directly? That's what I did the last time it happened to me. Though they were my own photos, not stock photos. It took a few back & forths, but I got my point across & the other seller ceased & desisted.
goldstaroffers
OP3 years agoWe have talked. He choose to take down two photos, and none of the false advertising text copy. He thinks he can pick and choose what he wants to steal from me.
simply-the-best-for-you
·3 years agoYou may want to share with him how seriously you are taking his theft of your IP.
All I can tell you is that each time I've caught someone doing this, I have been able to succesfully get them to change their listings, using carefully selected words. Of course it depends how sophisticated the other user is & whether they think you will really follow through.
I get it, I don't understand how people are ok with it either, esp if the other user is using you words & pics to UNDERCUT you. But, eBay will not get involved in this. Last time it happened to me, I had to go back & forth with her quite a few times before I convinced her it was in her best interest to remove the pics & write her own listings.
I gotta say though, for every time I've caught it, which has only been a handful, I wonder how often it happens & I am NOT catching it 🤔
goldstaroffers
OP3 years agoThx for understanding. I already cursed this guy out. I did try to buy a small product from him, so I could get his address, and I got a message saying he blocked me. I had someone else buy the product, and now I know his location. It is a good idea though - to contact him and convince him - but I don't think I can message him again once blocked. I will talk to LegalShield and have a local attorney in their network send him a cease and desist letter. As for the seriousness of his sins... he does not care. Trust me, I have met people like him in real life. These people have no empathy. They are emotionally unintelligent.
yoonix1
·3 years agoEBay encourages the Sellers to use the content of the listings already active on EBAY. It's completely acceptable because of their written policy. If you have a copyright on your photos, that would change some things. You may ask EBay to remove the listings of the other Sellers for using your copyright material.
goldstaroffers
OP3 years agoI went to college to learn HTML, how to speak, how to write, etc. This is what gives me an unfair advantage over my competition - I can make customized listings. Ebay has no right to take any of my copyrighted material and let other competitors use it. This is making me sick.
stainlessenginecovers
·3 years agoYou actually copyrighted your verbiage word for word?
Also- what says you are not copying that seller?
Lastly- how do you know what that seller includes? If that seller states they are including things they are not, most will file for a refund and that seller will be gone. So, this all seems for naught.
goldstaroffers
OP3 years agoNo, I need to send in my text to the governmental copyright office. Once it's officially copyrighted, it will make it easier to sue in court. However, by default, my work is copyrighted. This is according to my legal sources.
The seller just made a new listing seven weeks ago or so. Doesn't take a rocket scientist to figure out who stole from who.
It took me four months to find the proper accessories. One I have to custom drill. Trust me, this guy does not offer accessories.
He should have been gone six weeks ago. I guess ebay would prefer their customers get ripped off first before anything is done. Sad.
krazzykats
·3 years agoI sell Hallmark ornaments and this happens a lot. I take all my own pictures. Many have been used and copied over the years. Especially some of the box shots.
One I use for a Barbie ornament even has my name on the bridge in the background. That part of the bridge has been cropped out on other listings and enlarged trying to make it appear different.
Was still a copy as the bridge picture is a physical picture with my name on it.
Oh well, that's all the time I have to dwell on it. I was trying to make pictures attractive and I guess I achieved it on a few.
goldstaroffers
OP3 years agoI wish I could let things go like you. How do you do it? Problems like this happen to me every year. A customer breaks a product after not reading this instructions then sends it back demanding a full $264 refund. Alibaba has a supplier that ships me product and then I get a tariff bill in the mail for $700. I visit my bank and tell them I am being scammed $1250 and just had the scammers bank put my money on hold, and I get no help. It's just insane. We have a judicial system in this country - I need to learn how to use it.
coolections
·3 years agoFirst off no one took $3000 of your sales. Maybe the other guy had cheaper prices. Even if it is the same price the guy would have sold his anyway. Secondly it is perfectly fine to find a listing and use sell similar. Ebay allows that so no need to call CS anymore.
goldstaroffers
OP3 years agoHe made money using my words. That was the context of the statement. Not too hard to understand. His offer is NOT the same as mine. He should not have clicked on "sell similar." It's like talking to a brick wall with some people in this forum.
lakefor94
·3 years agoThat is because you chose only to hear yourself.
goldstaroffers
OP3 years agoIf I only heard myself, I wouldn't be responding. It's not that I am not listening, I am just not agreeing. We have laws in this country that people died for to protect. If I have to hire a lawyer because ebay can't do their job, then so be it. I'm sick and tired of people hurting me.
kensgiftshop
·3 years agoWhy not, Ebay provides the option so everyone can use it.
If their buyers have a problem with their orders, they can file an INAD and Ebay will keep track of those and if they get very many, they will deal with them.
Do you have the items on hand or dropshipping them from Alibaba, which is not allowed.
a_c_green
·3 years agoJust to be clear, clicking Sell Similar on someone else's listing does not bring in their description or photos. (That only works if doing a Sell Similar on a listing of your own.) You would need to upload that content yourself.
goldstaroffers
OP3 years agoExactly. He is picking and choosing what he wants to use. How can this possibly be legal?
goldstaroffers
OP3 years agoCustom listings should not be allowed to be copied. If ebay wants to make generic templates for sellers to use then fine. Having one merchant steal the ad copy of another is beyond immoral, if not illegal.
Never heard of an INAD. If I buy a product from this guy and return it, how can I file an INAD? Just call ebay?
I don't drop ship.
fern*wood
·3 years agoI'm going to assume this was a serious question and not sarcasm, since it is a basic part of selling on ebay that every seller needs to be familiar with.
INAD stands for item not as described. Buyers have protection against this in ebay's Money Back Guarantee that's on all our listings. That's why we have all advised you not to worry about other buyers if they buy from a misleading listing. They are covered by this protection and it is the seller's problem to deal with.
goldstaroffers
OP3 years agoThanks. I wish INAD's applied to other sellers as well. It does make me feel better knowing this guy is eventually going to screw himself over via angry customers. I include my accessories for a reason - to make my main product awesome. There is a reason why I have a 5 star review whereas other big sellers of this product have only a 3 star. I work hard to keep my customers happy. They are the ones that feed me. I have a lot of respect for them. I know he will be gone in a few months, but he is still going to be taking away sales from me in the short term. Thx for the reply.
gloryglorygifts
·3 years agoSo what is really upsetting you? Is it the fact that the other vendor can use your same photos and descriptions, which is not only okay with ebay due to the catalogue and "have one to sell" option on your listings..... or the fact that they sold $3,000 more than you? Maybe it's a price issue.
Is your distributor okay with you using their stock images? Some are not and want you to use your own photos just fyi.
goldstaroffers
OP3 years agoI don't care if he wants to compete, but he has to use his own sales copy. If he clicked on "have one to sell," then that in itself is not true since his offer does not include accessories. My supplier is ok with me using their photos. If I spend an hour editing one photo that is free to use, then I consider it mine. It's not about the money, it's about his disrespect, and ebay's disrespect. He is falsely advertising and no one cares. I hope a customer sues him for false advertising.
albertabrightalberta
·3 years agoAre you not aware that YOUR OWN use of rights owners' stock images infringes on their intellectual property? Go to any of those manufacturers' websites and read the legal section regarding intellectual property.
@goldstaroffers
You might want to familiarize yourself with the clean hands doctrine.
clean hands doctrine
n. a rule of law that a person coming to court with a lawsuit or petition for a court order must be free from unfair conduct (have "clean hands" or not have done anything wrong) in regard to the subject matter of his/her claim.
goldstaroffers
OP3 years agoThanks for the reply. I meant stock photos, as in generic photos that are given to me by my supplier. If I can't copyright and edited "stock" photo then fine - he can at least take down my text that he copied.
stainlessenginecovers
·3 years agoYou can sue someone in private civil court if they are making money by actually selling the verbiage or pictures you created. That 'seller' is NOT selling those pictures or the verbiage, he is selling the item.
Like someone using pictures or verbiage, all or some, in a 'book' or 'magazine' that is sold, with the 'sole purpose of that 'thing' being sold is to 'read/see' those words/pictures.
Also note: The 'selling' of those works is NOT protected by Federal Law- as it is NOT illegal, it is simply 'grounds for a suit'.
Therefore, this is NOT plagiarism.
goldstaroffers
OP3 years agoThe guy is using false adverting. That is called fraud. It is not legal. He is also using my words to make money. That is the precise definition of plagiarism. This guy is a parasite. I am already in talks with an expert at copyright law. Ebay has no right to let other people steal my words.
itsjustasprain
·3 years agoAside from the fact that Ebay grants a license for others to use your images and text for items you list here - which you agreed to in the User Agreement - its also pretty obvious that you lifted your own listing photos from elsewhere to begin with. For example - your listing for the NV3180 Night Vision scope uses photos that can also be seen on Alibaba.com and elsewhere - probably generated by the Chinese manufacturer themselves.
goldstaroffers
OP3 years agoRight. I edit most of those. I get them from my Alibaba supplier. If those can't be copyrighted, even after heavily editing them, then so be it. He can at least take down the text copy he stole.
lakefor94
·3 years agoIf you spent half the time already thrown away chasing your competitor, you might could source some additional and better products with better margin, since margin is an issue according to another post you made.
theteamsetguy
·3 years ago@lakefor94 ,
That’s very good advice. I would never try and sell anything I can get from Alibaba. There are many sellers that source their goods from Alibaba which equates to a lot of competition. A lot of completion equals low margins. Confirmed by the statement by the OP that eBay sometimes makes more in fees than they do.
Also, a lot of drop shippers source from Alibaba.
lakefor94
·3 years agoJust a matter of time before some overseas sellers have that same line of products here and over on AMZ.
goldstaroffers
OP3 years agoWho do you recommend other than Alibaba? I like how they put my payments into an escrow account until my product is received. Only when the order is confirmed does my money get released to the supplier.
goldstaroffers
OP3 years agoWho do you prefer other than Alibaba?
goldstaroffers
OP3 years agoIf ebay would do their job and help me, I wouldn't be so frustrated and I could think clearly.
When someone takes a dump on you, you have to return the favor or at least let them know they messed up. The Bible refers to this as "agency." The devil (the god of earth) tries to destroy man's agency. What that means, is the devil tries to convince you the opposite of what is true. He tries to convince you that there are no consequences or repercussions to your actions. "Do drugs, they aren't that bad. Screw anyone and everyone, you won't get an STD or unwanted child. Steal peoples sales copy, no one will care. Eat the apple, surly the hereditary spirit God breathed into man won't die."
janet9988
·3 years agoThat other selller can also very well be using the same supplier as you do.
goldstaroffers
OP3 years agoHe has every right to use the images provided by the supplier. It's the ones that I edit that I consider mine.
albertabrightalberta
·3 years agoIf your descriptions are your own words and your own work, you are allowed to email the seller and request that he write his own descriptions.
This is from the policy:
What should I do if my image, video or text is being used by another seller?
When you create listings you give eBay and its customers permission, through our user agreement, to use your images, videos and product details. Your content may be added to the eBay product catalog, and may be used by other sellers in their eBay listings.
You may contact the seller and ask them to remove your image or text if it is not part of the eBay product catalog.
goldstaroffers
OP3 years agoBest answer yet. However, I would rather let him keep falsely advertising so I can sue him in court.
anasazirose
·3 years agoAbout the only thing you can do is put a water mark over your photos. It won't stop them, but an observant buyer would notice. Your watermark could say, 'If you aren't buying this item from goldstaroffers, this photo is stolen and you won't get the same deal" or something similar.
the_fancy_fox
·3 years agoHow I miss the good old days where people would snag the link to where your picture was hosted.
Made it simple to just change the picture. The overflowing litter box was my favorite.
That said, now as soon as you list on ebay, the ebay agreement says they own your pictures and text and can do as they like with them. They allow other users to use your work. It’s in the user agreement. By listing on ebay you agree to their terms.
I know it’s upsetting but not much you can do about it.
As for the outsourced CS, don’t bother. They will tell you anything to get you off the phone.
albertabrightalberta
·3 years agoI have a friend who changed the pictures to porn when someone hotlinked to her image-hosting site!
goldstaroffers
OP3 years agolol
the_fancy_fox
·3 years agoYes I know people that did that one as well, then they reported the person for the porn. Saw a lot of picture stealers get booted for that.
goldstaroffers
OP3 years agolol
goldstaroffers
OP3 years agoThanks.
theteamsetguy
·3 years ago@anasazirose ,
Before you do that please check with eBay’s TOS. I think it is against the rules to put a watermark on your photos you use on eBay.
buyselljack2016
·3 years agoeBay was going that route, but then, as I understand it, they backed off on that "no watermarks" idea.
goldstaroffers
OP3 years agoEbay doesn't give half a **bleep** about the rules. **bleep** are you talking about? Have you not read any part of this thread? They are allowing my competitor to use my words to rip off other customers!
theteamsetguy
·3 years ago@goldstaroffers ,
Like they say “imitation is the best form of flatteryâ€. That’s the way I look at it when someone copies my listings.
I would just owed my price to the point to blow your completion out of the water. Once he/she is gone raise your price back up. Problem solved.
goldstaroffers
OP3 years agoI don't like price wars. Plus, why should I have to lower my profits when ebay can easily step up and help me with this problem? You are right though, I will probably have to have a price war with this guy.
coolections
·3 years ago@goldstaroffers Every single item sold on Ebay is a price war. I win many times over because I prefer turnover and not let an item sit. May COG sold is probably lower than others which helps.
goldstaroffers
OP3 years agoPrice wars only lead to decreased profits across the board. All competitors lose.
lakefor94
·3 years agoNot true. Depends strickly upon pricing available to different competitors.
Do you really think every competitor buys at the same price from the manufacturer or distributor?
Is your cost the same if you buy 5 or 100 or 500 units?
goldstaroffers
OP3 years agoI get your point. I know I can win at a price war with him. I just have too much debt to pay off and plus it is not fair to my past customers if I drop my price.
I once sold an ebook using Google Adwords. After me and my competitors had a price war, I ended up just giving my ebook away for free online and added Google AdSense. I was on page 1 for my main keyword. I took out all my competition, but after Google did an algo change, I got wiped out too. I don't like price wars, but I may just have to go that route. It is an option.
theteamsetguy
·3 years agoConsumers win!
ibuyoldstuf
·3 years agoYes They Do!
😎
Always
goldstaroffers
OP3 years agoIt is true, they do win, but not when the seller is using false advertising. Took me 4 months to find all the accessories I include with my offer. If he does not offer these parts, he should not be making this false claim.
goldstaroffers
OP3 years agoI know, it's just capitalism. That being said, it's not true capitalism if you don't play by the rules.
aeparts1
·3 years agoMake it harder for someone to steal your work. Don't use stock pictures. Take your own pictures, include a card with your business name in every picture you take.
When you write text, include your seller name in the listing. @goldstaroffers is proud to offer this XYZ for sale. This XYZ offered by @goldstaroffers features ABC." Use your name throughout the listing, makes it harder for the lazy seller to steal your text.
eBay isn't going to help you, you have to help yourself.
goldstaroffers
OP3 years agoThanks. I like to edit the photos that my supplier gives me, but I will probably have to start taking my own if this becomes a problem. Been on ebay for two years now and no one has done this to me. The fact that ebay straight up does not care is what is bothering me. We have federal copyright laws in this country. No one has the right to steal my words and use them to defraud people. This is beyond f'd up.
natoman777
·3 years agoSorry, but they won't help you. I have had people use my photos before for their listing. As others have said this is eBay policy, you are giving up your rights to what you post on eBay.
goldstaroffers
OP3 years agoThanks for the reply. I guess I have to hire an attorney. Thanks ebay!
momtoabeautifuldaughter
·3 years agoMake sure the attorney reads the User Agreement you agreed to when you signed up for eBay.
goldstaroffers
OP3 years agoWill do.
momtoabeautifuldaughter
·3 years agoMake sure they see the part where you gave eBay the rights to use your photos and text in anyway they choose.
goldstaroffers
OP3 years agoOk.
fern*wood
·3 years agoEveryone is free to use their hard earned money pretty much however they wish. So this is your choice I suppose.
My husband lists a few things, and usually the backdrop is our yard, and the items are used. We once had a buyer contact us to see if our listing was the actual item they would receive, since another seller used our backyard photos and our description for his item. The problem is all on the other seller since his item wouldn't necessarily match, so I don't worry much about this. New items wouldn't have this issue except for accessories, but again, the other seller would own the problem.
goldstaroffers
OP3 years agoPeople screw me over so much, I feel like I have no choice but to waste some money on an attorney and learn how the Judicial system works. It took my bank 5 weeks for me to sign a legal document to get a wire transfer reversed from a scam artist. I had his bank put the money on hold and took all the necessary steps. I lost over $1200 because someone at my bank couldn't spend 5 minutes to get me to sign a piece of paper. As for this problem with ebay, someone is obviously not doing their job. Sometimes, ebay makes more money than I do on my sales. The least they can do is spend two seconds deleting this guys listing for me.
lakefor94
·3 years agoYou have the waste part right. Hopefully the attorney you talk to will turn you down right away or only charge for interpreting the eBay User Agreement for you, since you don't believe anyone here.
If eBay is making more money than you on your sales, that is a problem I can't imagine. Faint margins would be a tough business.
goldstaroffers
OP3 years agoThe legal expert I have talked to in a different forum says I have the right to sue him. I appreciate all the responses, but we do have laws for a reason. I never signed away my rights to this guy.
luckythewinner
·3 years agoNo, you did not "sign away" your rights to "that guy".
But you did assign specific rights to eBay, and one of those rights was the right to let eBay assign them to "that guy".
It's right in the user agreement in black & white. You really should show that to your legal expert and ask for a revised opinion.
"When you provide content using our Services (directly or indirectly), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all Intellectual Property Rights you have in that content in connection with our provision, expansion, and promotion of our Services, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce your Intellectual Property Rights in that content against eBay, our assignees, our sublicensees, and their assignees in connection with our, those assignees', and those sublicensees' use of that content in connection with our provision, expansion, and promotion of our Services."
But if you do take legal action, please come back here and post the jurisdiction and the docket number for the case. It will be entertaining to see how much you end up owing eBay in legal costs. I bet their lawyers are expensive.
theteamsetguy
·3 years ago@goldstaroffers ,
Winning a law suit is one but collecting is another. It costs plenty of dough to pay a lawyer for civil suite.
momtoabeautifuldaughter
·3 years agoAs previously mentioned when you joined eBay you agreed to the User Agreement which states that eBay has rights to your photos, descriptions, etc and can use them anyway they choose which means they can let other users use your photos and descriptions.
harafkac0
·3 years agoYeah we're not ebay.
Just members like yourself, who volunteer our time on this forum to answer questions and have discussions.
I can however barely contain myself here, I am glad to see others have addressed what I so wanted to say.
goldstaroffers
OP3 years agoAs I said, I contacted / called ebay six times. That is why I am trying the forums. I don't understand how something so wrong can be tolerated by ebay. But, if that is the way it has to be, I will take care of matters myself.