Listing theft

[bhall926]

I'm positive that I'm not the only one experiencing this but it seems that a Chinese company has 100% copied my own product design, product description and details and also some photos and are using them in their listing - I have researched enough to figure out that they did buy one of my items presumably to copy it - They have cut the price by 40% which may work if you are manufacturing in China but not here - Just wondering if Ebay has ever helped in similar situations - Thanks 

[monster-deals]

Your pictures are ebay's pictures and everyone is able to use ebay pictures.

If someone is ripping off your IP go through VERO.

[bbravo65]

...did you register copyright or trademark of your goods...?

...if so, you can sue that Chinese company...

[dbfolks166mt]

     This does not surprise me in the least and it is one reason that I will neither buy or sell to China directly. They are infamous for counterfeiting and/or forging about anything you can name and their government not only supports it but subsidizes it. 

     Even the US government can't control China take a look at their military equipment strange how most of it looks like a copy of a US military contract design. Same for Russia and the FSU. 

[dbfolks166mt]

     Good luck with that one. Let me know when the Chinese company CEO shows up in court. 

[tdumonde2014]

You need to contact an Attorney that specializes in your issues.

[muttlymob]

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@monster-deals wrote:

Your pictures are ebay's pictures and everyone is able to use ebay pictures.

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This is not true.

If eBay chooses to use a seller's photos in their product catalog then other sellers are free to use the photos.

If a seller's photos are not included in eBay's product catalog, other sellers are not allowed to use them.

eBay likely won't enforce the rules, but those are the rules.

[bossesale77]

Once you list an item on eBay every aspect of the listing from the photos to the description becomes the property of eBay. eBay's argument is that is necessary so they can advertise which is a massive load of **bleep** 'cause eBay's advertising falls somewhere between never and every once in a blue moon.

[ittybitnot]

If a seller's photos are not included in eBay's product catalog, other sellers are not allowed to use them.

@muttlymob   

That is not true anymore. 

[luckythewinner]

@bhall926 wrote:

I'm positive that I'm not the only one experiencing this but it seems that a Chinese company has 100% copied my own product design, product description and details and also some photos and are using them in their listing - I have researched enough to figure out that they did buy one of my items presumably to copy it - They have cut the price by 40% which may work if you are manufacturing in China but not here - Just wondering if Ebay has ever helped in similar situations - Thanks 

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If you have a trademark, copyright or other intellectual property that you have the legal right to protect, you can register with the VERO program on eBay and issue a "Notice of Claimed Infringement" (NOCI) and get eBay to take the listings down. 

A NOCI is only good for the listing that is reported, however, so it will be up to you to play whack-a-mole as the seller continues to relist them.

If you do not have intellectual property for which eBay will recognize your ownership, then you are probably out of luck.

[muttlymob]

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@ittybitnot wrote:

If a seller's photos are not included in eBay's product catalog, other sellers are not allowed to use them.

@muttlymob   

That is not true anymore. 

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This is still part of the published Images, videos and text policy:

If you're not using content from the eBay product catalog, you should use your own when creating a listing. If you're using someone else's photos, videos and text, make sure you have permission from anyone that has any rights to that content.

https://www.ebay.com/help/policies/listing-policies/images-videos-text-policy?id=4240

[monster-deals]

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@muttlymob wrote:

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@ittybitnot wrote:

If a seller's photos are not included in eBay's product catalog, other sellers are not allowed to use them.

@muttlymob   

That is not true anymore. 

---

This is still part of the published Images, videos and text policy:

If you're not using content from the eBay product catalog, you should use your own when creating a listing. If you're using someone else's photos, videos and text, make sure you have permission from anyone that has any rights to that content.

https://www.ebay.com/help/policies/listing-policies/images-videos-text-policy?id=4240

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Important parts are the words "should" and "rights".

That's why there is VERO.

Otherwise your pictures are ebays pictures

[katzrul15]

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@bhall926 wrote:

I'm positive that I'm not the only one experiencing this but it seems that a Chinese company has 100% copied my own product design, product description and details and also some photos and are using them in their listing - I have researched enough to figure out that they did buy one of my items presumably to copy it - They have cut the price by 40% which may work if you are manufacturing in China but not here - Just wondering if Ebay has ever helped in similar situations - Thanks 

---

This is discouraging, especially on product design.

Have no idea how to help you, but if they are your original products,  it might take researching with an attorney with that expertise to assist.   Good luck to you.

Ps - you could try having an attorney send a letter to e-Bay asking them to cease/desist as regards this Seller to see if they would.  Doubtful and probably expensive to get someone to do.  

[sextons-sweet-deals]

EXACTLY!

U.S. companies move over there for cheaper labor and then they start copying products and making knock-offs. Remember the fake Apple Stores that went up? 

What happens to all the products that don't pass final inspection? We all know that answer! There not being destroyed!

I guess the U.S. companies feel they are still ahead of the game and will stay ahead. 

[donsdetour]

your listing belongs to eBay: any one can use them....

Of course they users you are saying did this may not even have a product if they be using yours.......

You know dem scammers using fake tracking, or junk goods,  etc......