Competitor possibly targeting me through Vero. What to do?

[Elfquest]

I have a competitor who is doing everything to take me down. She has an online shop where she sells bandage dresses. So do i, but i can offer them for a lower price. She now has filed two Notices of Infringement on pictures and eBay has taken my listings down twice without checking if it adds up. I have tried to contact her, she ignores me. I have double checked the pictures in my listing, they are not hers.

What do do now?
I don't want to have my 10 year old account suspended when i contact eBay and tell them that this does not add up to maybe cause them to suspend my account because i make to much noise.

You can's send a counter notice like in the US.. Do i contact the VERO department in the UK?

Or do i get a lawyer to get the 'rights owner' to prove the pictures are hers?

Thanks for your input.

[rsot]

If you can't beat them...join them?

1st question - who really owns the pictures? Can't you counteract with your own appeal that photos are YOURS? Or are you using others...

(Just trying to help generate ideas OP)

[jeffweico]

Can you use your own pictures? I always do and put my seller info in the EXIF data. If someone starts using them and I not smart enough to delete the data, I always win. One idiot even accused me of using HIS pictures, but could not explain how my seller info was in his EXIF data.

[isitworththestress]

Originally Posted by Elfquest

I have a competitor who is doing everything to take me down. She has an online shop where she sells bandage dresses. So do i, but i can offer them for a lower price. She now has filed two Notices of Infringement on pictures and eBay has taken my listings down twice without checking if it adds up. I have tried to contact her, she ignores me. I have double checked the pictures in my listing, they are not hers.

What do do now?
I don't want to have my 10 year old account suspended when i contact eBay and tell them that this does not add up to maybe cause them to suspend my account because i make to much noise.

You can's send a counter notice like in the US.. Do i contact the VERO department in the UK?

Or do i get a lawyer to get the 'rights owner' to prove the pictures are hers?

Thanks for your input.

First thing is before you sort this stop listing these items with these photographs.

You have seen ebay mentality twice in this matter and they will treat your account the same way, as each of these vero notices is a mark on your account. You will find it a lot harder fighting to save your account than you will proving these photographs belong to someone other than the person claiming copyright.

Where are you getting the photographs from?
If it is from the supplier then search their site for the copyright notice that proves you can use them if it is not there then contact them and ask for it.

[stevebills]

Originally Posted by Elfquest

I have a competitor who is doing everything to take me down. She has an online shop where she sells bandage dresses. So do i, but i can offer them for a lower price. She now has filed two Notices of Infringement on pictures and eBay has taken my listings down twice without checking if it adds up. I have tried to contact her, she ignores me. I have double checked the pictures in my listing, they are not hers.

What do do now?
I don't want to have my 10 year old account suspended when i contact eBay and tell them that this does not add up to maybe cause them to suspend my account because i make to much noise.

You can's send a counter notice like in the US.. Do i contact the VERO department in the UK?

Or do i get a lawyer to get the 'rights owner' to prove the pictures are hers?

Thanks for your input.

get your own pictures and sign them in paintshop with your logo
iof u dont have a logo make one and use it

[jeffweico]

Originally Posted by isitworththestress

First thing is before you sort this stop listing these items with these photographs.

You have seen ebay mentality twice in this matter and they will treat your account the same way, as each of these vero notices is a mark on your account. You will find it a lot harder fighting to save your account than you will proving these photographs belong to someone other than the person claiming copyright.

Where are you getting the photographs from?
If it is from the supplier then search their site for the copyright notice that proves you can use them if it is not there then contact them and ask for it.

He is absolutely correct, I should have pointed this out. It is IMPERATIVE that you stop using the photographs while the matter is resolved.

Also, if your supplier provides the photo, you might want to let the supplier know that your competitor is claiming all rights to their photographs. If the supplier contacts eBay's legal department, it could prove very costly for your competitor! eBay does not like it when someone falsely claims to own a copyright or a trademark.

[rsot]

Originally Posted by Elfquest

Or do i get a lawyer to get the 'rights owner' to prove the pictures are hers?

Thanks for your input.

Nowhere that step...yet

[Elfquest]

The competitor does not have a store on eBay anymore.. she has a webshop..
I have taken the listings with the pictures down, but she may attack other listings with similar items. Should i take them all down?

I have reported this to the supplier, but she is not going to do anything with it. :(

Trying to have my lawyer write her a letter now, asking her to prove the rights to the pictures.. she can't..

[isitworththestress]

Originally Posted by Elfquest

The competitor does not have a store on eBay anymore.. she has a webshop..
I have taken the listings with the pictures down, but she may attack other listings with similar items. Should i take them all down?

I have reported this to the supplier, but she is not going to do anything with it. :(

Trying to have my lawyer write her a letter now, asking her to prove the rights to the pictures.. she can't..

If you want to keep your account yes you need to take them down. If the supplier will not confirm they own them they probably do not own them. If they do they normally have the acceptance of use on their website. If that is not there then you should not be using them anyway, unless they gave you it in writing.

have you ever considered they may have allowed the supplier the use of the photographs. So ask the supplier where they got the photographs from. Before wasting money on lawyers.

The price of a lawyer would buy you a good mannequin or even some cheap models and a photographer if you look for those that are just starting out and need to build up their portfolio.

Offer your old customers a percentage off their next purchase if they send you a usable photograph with them wearing the items you sold them.