Someone has plagiarized my text and photos and eBay is refusing to help me...

[goldstaroffers]

I have called eBay six times so far. I have talked to one supervisor. I have talked to the Trust and Safety department probably five times. The last person I talked to filed a new claim. Nothing has changed. It's been five weeks now. This guy has taken over $3000 in sales using my ad copy. Why won't anyone help me?

For the love of God, can someone at eBay please help me?

Thank you.

-Scott

[goldstaroffers]

I will indeed show it to my attorney. As mad as I am at ebay, I do like their platform, and have nothing against them. I know I signed away certain rights to them - they do this for their own legal protection. That being said, we have anti-competition laws in this country. Nowhere in that blurb of legal jargon does it say my competition has a right to use my work. We also have laws that require truth in advertising. If you claim you are selling something not included with your offer, that is called fraud.

[slati_2013]

I also have many of my listings copied. It is a strange feeling seeing your entire listing and style copied. It however does not bother me. I myself when I have something new to list take a look at other listings, see how it was listed and used it as a template for my listing. I create 100% original listing though based on other listings. I think we all do that once in a while. I actually take it as a compliment that someone has decided to use my listing to sell their items. I don't know about copying text and picture word for word and photo for photo because that could lead to an SNAD claim.

Is your competitor selling at a reduced price? I would suggest taking a look at what they are doing and copy it as well. 

[goldstaroffers]

I wish I could let things go like you. How do you do it? Problems like this happen to me every year. A customer breaks a product after not reading this instructions then sends it back demanding a full $264 refund. Alibaba has a supplier that ships me product and then I get a tariff bill in the mail for $700. I visit my bank and tell them I am being scammed $1250 and just had the scammers bank put my money on hold, and I get no help. It's just insane. We have a judicial system in this country - I need to learn how to use it.

[goldstaroffers]

Custom listings should not be allowed to be copied. If ebay wants to make generic templates for sellers to use then fine. Having one merchant steal the ad copy of another is beyond immoral, if not illegal.

Never heard of an INAD. If I buy a product from this guy and return it, how can I file an INAD? Just call ebay?

I don't drop ship.

[goldstaroffers]

lol

[goldstaroffers]

Exactly. He is picking and choosing what he wants to use. How can this possibly be legal?

[goldstaroffers]

That's why I posted here. After calling ebay's "trust and safety" department six times, I figured I would try something different. The customer service people could at least give me an answer as to why they are refusing to help me. It's not like I demanded they help me five weeks ago in a rude manner, but after dealing with their sheer incompetence... this is not a hard problem to fix. Highlight the guy's listing, delete it, tell him to stop ripping off other peoples work, and be done with it. Problem solved!

[goldstaroffers]

He has every right to use the images provided by the supplier. It's the ones that I edit that I consider mine.

[goldstaroffers]

I went to college to learn HTML, how to speak, how to write, etc. This is what gives me an unfair advantage over my competition - I can make customized listings. Ebay has no right to take any of my copyrighted material and let other competitors use it. This is making me sick.

[goldstaroffers]

We have talked. He choose to take down two photos, and none of the false advertising text copy. He thinks he can pick and choose what he wants to steal from me.

[fern*wood]

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@goldstaroffers wrote:

Never heard of an INAD. If I buy a product from this guy and return it, how can I file an INAD? Just call ebay?

---

I'm going to assume this was a serious question and not sarcasm, since it is a basic part of selling on ebay that every seller needs to be familiar with.

INAD stands for item not as described.  Buyers have protection against this in ebay's Money Back Guarantee that's on all our listings.  That's why we have all advised you not to worry about other buyers if they buy from a misleading listing.  They are covered by this protection and it is the seller's problem to deal with.  

[goldstaroffers]

Ok.

[goldstaroffers]

Ebay doesn't give half a **bleep** about the rules. **bleep** are you talking about? Have you not read any part of this thread? They are allowing my competitor to use my words to rip off other customers!

[dhbookds]

Something I don't understand........you say:

Even if the photo can't be copyrighted, he at least needs to remove my headline and the description. Since he is not offering accessories, he is defrauding his customers via false advertising

why wouldn't the buyers start returning the items if he's not delivering the goods as described?  Seems like that would take him out faster than you can file a suit, etc........

[goldstaroffers]

Who do you recommend other than Alibaba? I like how they put my payments into an escrow account until my product is received. Only when the order is confirmed does my money get released to the supplier.