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

[simply-the-best-for-you]

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@goldstaroffers wrote:

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.

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You may want to share with him how seriously you are taking his theft of your IP.   

All I can tell you is that each time I've caught someone doing this,  I have been able to succesfully get them to change their listings, using carefully selected words.  Of course it depends how sophisticated the other user is & whether they think you will really follow through.  

I get it, I don't understand how people are ok with it either, esp if the other user is using you words & pics to UNDERCUT you.  But, eBay will not get involved in this.   Last time it happened to me, I had to go back & forth with her quite a few times before I convinced her it was in her best interest to remove the pics & write her own listings.   

I gotta say though, for every time I've caught it, which has only been a handful, I wonder how often it happens & I am NOT catching it 🤔  

[theteamsetguy]

@goldstaroffers ,

Lower your price 25% below the other guys and increase your promoted listing  percentage above his so your item appears under search best match searchers and lower price searchers.

You will get your sales back.

[downunder-61]

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@goldstaroffers wrote:

As I said, I care mainly about the text. He is claiming he is offering accessories which he is not.

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Then report the listings, but, as this is a competitor you will be reporting, be sure of your claims:

1. How do you know he is not including those accessories?

2. Have you purchased and received the item less accessories to back your claims?

If you can not answer yes to either question, move on and put this effort into researching if you can match the prices he is offering and beat him at his own game.

All's fair........... as they say

[aproudparent2010]

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@goldstaroffers wrote:

The legal expert I have talked to in a different forum says I have the right to sue him. I appreciate all the responses, but we do have laws for a reason. I never signed away my rights to this guy.

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As previously mentioned when you  joined eBay you agreed to the User Agreement which states that eBay has rights to your photos, descriptions, etc and can use them anyway they choose which means they can let other users use your photos and descriptions.

[goldstaroffers]

What the hell did I go to college for?

[goldstaroffers]

I take the photos my supplier gives me and edit the hell out of them. The guy stole one graphic on my PVS14 listing, my headline, and the description. The fact that the description says accessories are included, and he does not offer these, is what is driving me f'n crazy. He is using my words to defraud ebay customers. Nothing else is relevant in my opinion. I will pay LegalShield the $50 fee and then get x amount of hours of legal advice. Just sux ebay can't do their job.

[goldstaroffers]

No, I need to send in my text to the governmental copyright office. Once it's officially copyrighted, it will make it easier to sue in court. However, by default, my work is copyrighted. This is according to my legal sources.

The seller just made a new listing seven weeks ago or so. Doesn't take a rocket scientist to figure out who stole from who.

It took me four months to find the proper accessories. One I have to custom drill. Trust me, this guy does not offer accessories.

He should have been gone six weeks ago. I guess ebay would prefer their customers get ripped off first before anything is done. Sad.

[goldstaroffers]

Do whatever you want with it. I am about to stop responding to posts, because nothing has changed. All that has happened is I received an email from ebay saying my logo "goldstaroffers.com" was violating their policy of "no URLs," and told me I had 24 hours to take it down. I don't know if my ebay account would have gone offline or what, but I changed the photos one hour before the deadline. This is beyond **bleep** up. I will be talking to ebay's escalation department tomorrow or early this week. Someone needs to be fired.

[goldstaroffers]

Thx for understanding. I already cursed this guy out. I did try to buy a small product from him, so I could get his address, and I got a message saying he blocked me. I had someone else buy the product, and now I know his location. It is a good idea though - to contact him and convince him - but I don't think I can message him again once blocked. I will talk to LegalShield and have a local attorney in their network send him a cease and desist letter. As  for the seriousness of his sins... he does not care. Trust me, I have met people like him in real life. These people have no empathy. They are emotionally unintelligent.

[goldstaroffers]

Thx, I might have to do that. I am still getting sales, so I will be ok. There are others selling this product too. I am the only one actually selling it with accessories. But you are right, I might have to have a price war with him. I think I will wait until he buys $7000 worth of product before I lower the price. That way, he will be stuck with a ton of inventory, and it will mess up his cash flow. When I get my debt paid off, I'm going to his supplier and will be selling the same hot products he is. In the end, he will lose.

[goldstaroffers]

He states on his listing that his offer is not a "bundle." That is how I know. If I choose to go the legal route, I will have to buy an item from him and record myself opening the box.

[goldstaroffers]

Even if that is so, he is still using false advertising to sell his offer. For the one millionth time, he is not offering accessories. He is using my words to defraud ebay customers.

[goldstaroffers]

Who do you prefer other than Alibaba?

[goldstaroffers]

I care more about getting him to take down my ad copy vs. taking money from him. I'm not a malicious or vindictive person.  I just want this to stop, and if threatening to sue him is what I have to do, then so be it.

[ladydr-76]

Dude, you don't have copyright to anything you post on the service. It becomes Ebay public domain as soon as you post per their guidelines. 

Having been educated in communication, you understand it goes both ways. Be an effective listener as well. This hill you are choosing to die on is very unbecoming to a celebrated seller presenting as a stable person in which to interact. (Attorney? Really?) Your descriptions are nice and all;  obviously meant to connect and  gain trust. You are not the inventor of this tactic. It also seems less genuine if you panic over photos and words. Are they the backbone to your business, or does your customer service speak for itself? If it's all smoke and mirrors, then you would have something to worry about. If not, no amount of copying and pasting will replace authenticity and integrity.  The posers will not last. If anything, those at most risk are the buyers.