06-28-2021 09:48 PM
I just want to get it out of my chest and maybe find a solution here. I designed a template for my listing in 2019 (I believe) and last week, I got to see my layout on another seller listing. Not the same photo, which would've been way more sad, but my layout as you can see in the pictures below (mine is on the left)
The original one (Mine)
The false one (He even watermarked it, what the f***))
It bothers me a lot because I'm a graphic designer. I work with it, I have the rights of my own creations and yet, sellers can just steal it and act like nothing has happened. And God he even watermarked it, how dare you!?
I've tried the VeRO Program, but it is a lot of "walking in the same place". I've tried contacting the seller and no response. I just feel "robbed", I can't believe that even watermarking and having the rights on it did not help.
I was thinking about making newer ones, but I fear having them stolen again.
Solved! Go to Best Answer
06-29-2021 07:22 AM
Well, this isn't right. Sorry it happened to you.
Unfortunately, if your graphics appear in eBay’s catalog, anyone is free to use your images or text, per eBay policy. We all granted tacit permission by accepting the platform’s terms. If it is not in the catalog, then eBay urges seller’s not to infringe. (See links below.)
Your most direct method of getting the image removed is thru Vero. Otherwise it is up to you to pursue the matter with the offending party. At one time eBay considered this a violation, but no more. So they will not get involved.
Getting the other seller to remove your intellectual property may cost time and money. Depending on how far you want to go, one possible step would be to have a lawyer draw up a Cease and Desist notice.
Whatever you do, I hope this gets resolved to your benefit. Good luck.
https://www.ebay.com/help/policies/listing-policies/images-text-policy?id=4240
“What should I do if my image or text is being used by another member?
When you create listings you give eBay and its members permission, through our user agreement, to use your images 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 member and ask them to remove your image or text from their listing if it is not part of the eBay product catalog…”
https://www.ebay.com/help/policies/member-behaviour-policies/user-agreement?id=4259
06-28-2021 09:59 PM - edited 06-28-2021 10:00 PM
I have the same problem, and far worse...
Entire listings, photos and description and everything just copied right over.
Long story really short, I learned to specialize in OneOfAKind items, doing that sticks it to the thieves.
Can't really steal OOAK's.
06-29-2021 06:31 AM
Bit confused, looks like two completely different designs. If you feel differently step back and really look at them. Similar yes but far from a copy. Maybe they loved your design and it helped them come up with a similar but different design. Actually it was a lazy person who thought yours was cool looking. One way or the other it is different and you should be proud to know someone thinks you have talent.
06-29-2021 06:34 AM
They have changed enough of it to avoid property rights, and also eBay owns any image uploaded and allows others to use them.
You can, however report them for water marking, that is a No No
06-29-2021 07:22 AM
Well, this isn't right. Sorry it happened to you.
Unfortunately, if your graphics appear in eBay’s catalog, anyone is free to use your images or text, per eBay policy. We all granted tacit permission by accepting the platform’s terms. If it is not in the catalog, then eBay urges seller’s not to infringe. (See links below.)
Your most direct method of getting the image removed is thru Vero. Otherwise it is up to you to pursue the matter with the offending party. At one time eBay considered this a violation, but no more. So they will not get involved.
Getting the other seller to remove your intellectual property may cost time and money. Depending on how far you want to go, one possible step would be to have a lawyer draw up a Cease and Desist notice.
Whatever you do, I hope this gets resolved to your benefit. Good luck.
https://www.ebay.com/help/policies/listing-policies/images-text-policy?id=4240
“What should I do if my image or text is being used by another member?
When you create listings you give eBay and its members permission, through our user agreement, to use your images 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 member and ask them to remove your image or text from their listing if it is not part of the eBay product catalog…”
https://www.ebay.com/help/policies/member-behaviour-policies/user-agreement?id=4259
06-29-2021 07:32 AM
@mammoth-island wrote:I just want to get it out of my chest and maybe find a solution here. I designed a template for my listing in 2019 (I believe) and last week, I got to see my layout on another seller listing. Not the same photo, which would've been way more sad, but my layout as you can see in the pictures below (mine is on the left)
I'm confused; what items in your image did you create?
06-29-2021 08:16 AM
Put it up on your website and send a DMCA notice to ebay 😉
06-29-2021 08:52 AM
@mammoth-island wrote:I was thinking about making newer ones, but I fear having them stolen again.
If that happens at least they will be easy to spot as many of your past and present listings have 'exclusive' misspelled as "EXLCUSIVE" along the bottom.