Any recourse when a seller steals your title and description to list same item?

[tide_redux]

This happens to me once in awhile...another seller will copy and paste my title and my description to sell the same item.  They even copied my standard verbiage that goes with all my listings (although at least cut out my logo).

Probably not technically a violation so doubt there's much I can do.  Just seems unethical and lazy.

[7606dennis]

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@tide_redux wrote:

@7606dennis

None of my items are in eBay's catalog which is limited to specific categories.  It still may be true that I don't have any "right" to my work, but I still think copying and pasting a description (which sometimes includes details from time-consuming research) is lazy and unethical.  It may not be illegal but that doesn't make it right.

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Actually, you do retain the copyright to your work, but under eBay's UA you have granted them the right to use anything that you have updated to the site and to let their assigns use it also.  I tend to agree with you regarding its use as being somewhat the lazy man's way.  Alas!  We do live in a lazy man's world today, in my opinion.

[abfabvintage]

@7606dennis 

Hi, but...I am usually really black and white when it comes to rules/policies. I am not in the ebay catalogue. So I would assume (you don't assume around here), if I am not part of the "catalogue" then copying my information would not fall under the UA. Unless as usual am reading this all wrong...

Now I have done a re-think about all of this copycatting: If my one off item (vintage) actually sold, I guess I wouldn't have a problem with other sellers trying to do a "quick" listing without having to do all the research I have done. But it still stinks. I think on another thread I said before: can I get a percent of the other seller's sale since they copied my information and didn't do the real legwork? This is just a real pet peeve of mine, obviously.

[a_c_green]

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@abfabvintage wrote:

@a_c_green 

Hi, AC. See my comment re: accessing your own listing re: copycatting. Now I used the "Have One? Sell Now" link under my picture. It did not include my narrative text or pictures. As I said, I am not that familiar with the ebay tools for listing since use my own program. I was just happy my narrative text wasn't copied or my pictures. 

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Okay, there is an important but subtle difference in the two ways that you can use an existing listing as the basis for a new one.

"Have one to sell? [Sell Now]": This calls an eBay process named SellLikeItem, and passes in the item number. This will give you the basic details of the source listing, but not the photos or description text. This can be used on either your own listings or someone else's.

"Sell a similar item": This calls an eBay process named SellSimilarItem, and passes in the item number. This gives you everything from the source listing, as it's your own. This can only be used on your own listings.

If you place your cursor over either of the links above but don't click on it, your browser will show you the call it is about to make, and you will be able to see either "SellLikeItem" or "SellSimilarItem" in its command line. For Chrome browsers, the command to be sent is shown at the bottom left of the screen.

The SellSimilarItem call cannot be used on someone else's listing. If you try it (as I just did, by manually pasting together the arguments for a Sell Similar call in my Chrome browser), you will get a popup message saying, "This listing belongs to a different user ID, so it cannot be edited."

[7606dennis]

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@abfabvintage wrote:

@7606dennis 

Hi, but...I am usually really black and white when it comes to rules/policies. I am not in the ebay catalogue. So I would assume (you don't assume around here), if I am not part of the "catalogue" then copying my information would not fall under the UA. Unless as usual am reading this all wrong...

Now I have done a re-think about all of this copycatting: If my one off item (vintage) actually sold, I guess I wouldn't have a problem with other sellers trying to do a "quick" listing without having to do all the research I have done. But it still stinks. I think on another thread I said before: can I get a percent of the other seller's sale since they copied my information and didn't do the real legwork? This is just a real pet peeve of mine, obviously.

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Actually, if you upload anything to the site, either text or images, eBay has the right to include that material in their catalog and make it available to other members if they wish.  Your knowledge or consent is not required.  By using the site after the update you have agreed to it.  

Of course, if you have registered your copyright and someone uses your copyrighted material outside of eBay, it might be economically feasible to seek legal remedy for infringement.  While you could seek it even if you haven't registered the copyright, limitations on the amount you could recover might not make it economically feasible to pursue. 

[abfabvintage]

@a_c_green 

Thanks! AC...sometimes my being not tech savvy helps me...am going to go in and see what you see. BUT...in my case clicking on the under picture "...sell now" it also captures all of my Item Specifics which takes just as much work as creating the narrative description. And my store categories. Let me look and thanks for the explanation. Appreciate it very much. 

[abfabvintage]

@7606dennis 

Thanks for your reply. My comment about getting a percentage of the "other" seller sales that used my information to list was actually a tongue in cheek comment. Thanks again. Appreciate your help. I was not aware that ebay also had rights to anything and everything you list on their site...although it is my inventory, my listing creation, my ideas to help another seller make a possible sale.  

[tunicaslot]

I routinely use sell similar as it saves me some time going to sell - browsing categories - sub categories ect… I do so mostly on sold listings - which in turn does provide me with a title that obvious was found in search for it to sell. I either revamp the whole thing or may use the position of certain keywords when making my own title as it's unclear what is really pulling things up in search. Use to be the first 4 keywords - never put the important stuff at the back - but it's switched up so many times - these days you don't know.

Having many of the item specifics filled in also saves me time - but it takes time to check each one against the item I have to list. I'll even admit to taking cues from descriptions - not copying them - but adding something that I see I've left out of my description and the seller of the sold item included. 

I don't agree with sellers stealing pictures, full titles or descriptions - but like in school - you are always going to have that kid that copies others and here on Ebay - they don't make a big deal out of it like they did in school.

[coolections]

If you think about it most sellers have the same description anyway.

Blue widget, excellent condition, no cracks, 8" tall with flowers.

Widget with flowers, color blue, 8" tall, no cracks, excellent condition.

[tide_redux]

Yes, that was the seller's response to me:

There are only so many ways and so many words to describe this coffee pot

But seller did change the title and modified the description on his/her listing.