Ripping off our copyrights and yet STILL ahead of us in listings...

[novica.com]

How is it that another seller can steal our images and product copy, and yet come up before us in the search results? Okay, so maybe we slipped off the 'Top Seller' wagon for a month or two, but still--do a search in eBay for 'novica', and you won't see our listings until the 3rd page or so. I am not impressed with eBay's copyright infringement policies and procedures. It is a heck of a lot of work to submit the VERO reports, and eBay takes quite some time to respond (if they respond), and they don't do any follow-up or block users after multiple copyright infringement offenses. 

[emerald40]

It may take awhile but Vero is the way to go.

It will stop all of this with one call.

[7606dennis]

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@novica.comwrote:

How is it that another seller can steal our images and product copy, and yet come up before us in the search results? Okay, so maybe we slipped off the 'Top Seller' wagon for a month or two, but still--do a search in eBay for 'novica', and you won't see our listings until the 3rd page or so. I am not impressed with eBay's copyright infringement policies and procedures. It is a heck of a lot of work to submit the VERO reports, and eBay takes quite some time to respond (if they respond), and they don't do any follow-up or block users after multiple copyright infringement offenses. 

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Unfortunately, eBay has given themselves the non-exclusive rights to use any material listed on the site.  They have also done away with a seller's ability to opt out of their catalog scheme.  So there is probably nothing to be done against the seller using the material.

With regard to being lower on search, I'm not sure but I doubt that you can do anything about that either.

[chrysylys]

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@novica.comwrote:

and they don't do any follow-up or block users after multiple copyright infringement offenses. 

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That's what lawyers are for.

[luckythewinner]

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@novica.comwrote:

How is it that another seller can steal our images and product copy, and yet come up before us in the search results?

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Because search placement is not based on where a seller gets his images or his product copy.

[emerald40]

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@luckythewinnerwrote:

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@novica.comwrote:

How is it that another seller can steal our images and product copy, and yet come up before us in the search results?

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Because search placement is not based on where a seller gets his images or his product copy.

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Not sure if this is what OP is getting at, but if his listings have the OP's copy and images then why are they higher up?  At best they would be right near them in search?

[chrysylys]

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@novica.comwrote:

do a search in eBay for 'novica', and you won't see our listings until the 3rd page or so.

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Did a quick search and the first page of 50 items were mostly yours.  I found at least 4 other sellers, none of which seem to be directly copying your listings.  The term itslef seems to apply to everything from clothing to jewelry to glassware and art, so I have no idea who is or isn't infringing on who.

[a*river*runs*through*it]

@novica.com

Are they stealing pics and text from your Ebay site or your website which is clearly identifiable through your choice of Ebay ID?

[luckythewinner]

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@emerald40wrote:

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@luckythewinnerwrote:

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@novica.comwrote:

How is it that another seller can steal our images and product copy, and yet come up before us in the search results?

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Because search placement is not based on where a seller gets his images or his product copy.

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Not sure if this is what OP is getting at, but if his listings have the OP's copy and images then why are they higher up?  At best they would be right near them in search?

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Best match is based on a ton of factors having nothing to do with pictures or descriptions:

- title

- return policy

- pricing

- item specifics

- seller rating

- seller history

- return policy (length, free returns, restocking fee, etc)

- shipping (cost, free shipping, etc.)

- sales history for the item

- distance from buyer to seller

- time remaining

etc.

In fact, I do not think anything about the picture or the description would do anything to make those two listings be "close" to each other in Best Match placement - or that having different ones would make them appear any "further apart".

What is it about pictures and description that would have any effect on placement?

[prostudioconnectionllc]

The better your material the more people will try and rip it off and use it in their listings.  I know as I deal with this almost daily.

I send a standard short, directly-worded message to the offender explaining that I see that they have taken* content from my listing number xxxx and that this is clearly against eBay's image theft policy.  I ask them to confirm that they will immediately remove my intellectual property from their listing or I will file a VERO request with eBay to cancel their listing.

90% of the time they will just comply or I'll get a message back saying that they found the stuff on line so they thought it was OK.  Most people, once busted, desist.

With the 10% when they haven't removed the material within, say, one business day, I file the VERO form (I just fill the two listing numbers into a template).  Their listings are gone usually within 2 business days.

Yes it's hassle but I don't like low grade sellers passing themselves off as me.  I do take it personally.

I was talking to someone last week who had a relative kicked off eBay permanently for a couple of VERO violations so maybe there is some justice out there after all?

* I used to use the word "stolen" in the message but that just triggers a response along the lines that it can't be stolen as they found it through Google.  Best to dial it back a bit but still make the point otherwise you'll be giving lengthy lectures on IP law.

[novica.com]

Hi, no, I do not think it has anything to down with pics, but what I mean is that I would think anyone that has infringed on someone's copyright, and has had eBay end those listings for that infringement, should be kicked to the curb in terms of placement...

[novica.com]

Could be either--we use the same pics and copy in both places.

[mistwomandancing]

Are you the same as National Geographic Novica that I see shown in their NG catalog?   Does everybody get this stuff from the same supplier/wholesaler/importer?   I guess I just thought this stuff was sold by anybody who wanted to deal in it retail and they all got it for resale from the same source.

[pixzee]

Everything you write or any image you use in your listing belongs to eBay now. You forgave the right to that material as soon as you published it here.

However, there are certain things that eBay should have no rights to or limited rights to, in your case it is your Trademark. I am assuming that your logo and name is trademarked (NOVICA) by you yourself? So use of the Trademark NOVICA should be entered in the VERO program and you would be able to sue eBay or eBay sellers if they infringed on the rights to use that TRADEMARK material.

Often people who own a copyright or trademark assume all kinds of ownership that is really beyond their rights as a trademark holder.

It looks like your business is import, not manufacture of unique items.

So you buy a widget from China and put your trademark logo on it, right?

If I go to the exact same Chinese manufacturer and purchase the exact same widget and sell it as NOVICA, I would be infringing on your trademark. But if I bought the same item and sold it as what ever it is, I would not be infringing on your Trademark.

But If you had a close out sale last year, say, and I bought cases of your items all with your NOVICA tags, I can list those items on eBay as NOVICA, new with tags, and you have no right to stop me. I paid for your trademark rights for that particular item when I purchased that tagged item. This is exactly the kind of legal battle that eBay had years ago with luxury goods manufacturers like Louis Vuitton.

[lovtaco0]

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@novica.comwrote:

How is it that another seller can steal our images and product copy, and yet come up before us in the search results? Okay, so maybe we slipped off the 'Top Seller' wagon for a month or two, 

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You said it yourself, you slipped in search because your seller status dropped.

Others coming ahead of you in search has nothing to do with the copyright issues. That is a separate matter and you have been given advice in this thread for dealing with it.