Reporting of Intellectual Property Doesn't Work

[sunny-wear]

I've been reporting sellers selling the product my company creates using this category and including our IP/Trademark documentation. Ebay responds quickly by saying the listings don't violate their policies. These sellers DO NOT have permission to be selling our product or using our images to sell it. The only reason they have the product is because of credit card fraud for tens of thousands of dollars. I can't use ebay's contact form, because "reporting" isn't an option. This is so frustrating!

[mantle1951]

You might want to get your legal team to take over.

[my-cottage-books-and-antiques]

@sunny-wear 

Have you reviewed this?

https://pages.ebay.com/vero/

[toysaver]

Did your company register as a VERA member? 

Verified Rights Owner (VeRO) profiles | Seller Center

It would help if you would show a listing and tell what the item is.   Once somebody purchases anything or receives it as a gift they pretty much can do with it as they like, including reselling it.  

[short_circuit.lineman61]

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@sunny-wear wrote:

I've been reporting sellers selling the product my company creates using this category and including our IP/Trademark documentation. Ebay responds quickly by saying the listings don't violate their policies. These sellers DO NOT have permission to be selling our product or using our images to sell it. The only reason they have the product is because of credit card fraud for tens of thousands of dollars. I can't use ebay's contact form, because "reporting" isn't an option. This is so frustrating!

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If you had items stolen and you think that you have located them on ebay that would be a police matter.

If someone obtained your items legally they have the right to resell them, no permission needed. 

Using someone else's pictures is technically not allowed but It does not appear that ebay enforces that anymore

[kensgiftshop]

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@sunny-wear wrote:

The only reason they have the product is because of credit card fraud for tens of thousands of dollars.

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Try reporting the listings as selling stolen goods.

If you have police reports, the police can contact Ebay.

[ittybitnot]

 Ebay responds quickly by saying the listings don't violate their policies.

@sunny-wear 

Sounds like you are perhaps using the "report this item" feature that appears on a listing.  That is bot driven now, and the auto-responder sends basically the same message to everyone. 

Have you become a VERO member as suggested upthread?  If you have signed up you may have some say with regards to your photos being used if they are indeed snagged off your website

UNLESS

You used them yourself ON EBAY to sell the products.  Though plagiarism of photos and text. used to be a policy violation, eBay has declared the practice OK now.  Once a product is listed on their site, anyone can simply copy the photos and text and use it as their own.   I supposed it would get a little more complicated if the person copying photos on eBay that were snagged off a website by someone else illegally. 

As a buyer, I make good use of "Google Lens". 

If your website has been a victim of credit card triangulation fraud, that is indeed different.  You need legal advice.  There are a couple of responders here that HAVE dealt with that specific problem, but off hand I don't remember exactly who they are to tag them. 

[tobaccocardyahoo]

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@sunny-wear wrote:

The only reason they have the product is because of credit card fraud for tens of thousands of dollars

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If this is criminal behavior, it should have reported to law enforcement, who will deal with Ebay if they suspect it is.

[albertabrightalberta]

Here's the NOCI (notice of claimed infringement) form: 

https://ir.ebaystatic.com/pictures/aw/pics/pdf/us/help/community/EN-NOCI.pdf

[albertabrightalberta]

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@sunny-wear wrote:

The only reason they have the product is because of credit card fraud for tens of thousands of dollars. I can't use ebay's contact form, because "reporting" isn't an option. This is so frustrating!

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If they purchased the item from you, first sale doctrine allows them to resell it as long as the item itself isn't among the restricted or prohibited items that aren't allowed. 

[tobaccocardyahoo]

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@albertabrightalberta wrote:

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@sunny-wear wrote:

The only reason they have the product is because of credit card fraud for tens of thousands of dollars. I can't use ebay's contact form, because "reporting" isn't an option. This is so frustrating!

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If they purchased the item from you, first sale doctrine allows them to resell it as long as the item itself isn't among the restricted or prohibited items that aren't allowed. 

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Not if it is stolen property. Illegally obtained goods cannot be resold.

The key to this is reporting to the police and FBI. And Ebay as well as other marketplaces is extremely sensitive to issues relative to stolen goods.

IP issues are the rightsholder's sole responsibility to enforce. The real issue was kind of a throwaway in the OP's post.